Twitter marketing campaign has been outing folks who attended the Nazi/white supremacy/alt right rally outside the University of Virginia in which a Nazi murdered a protester and wounded many others by plowing into them with an automobile. Some of those who have been outed were quickly fired. I’ve been asked whether firing someone for attending a racist rally is legal.
The answer is yes. Well, maybe. Probably. There. An employer who is alert to an employee’s propensity to activate in competition or national source discrimination (or any other kind of discrimination) has a responsibility to keep a safe place of work. That means firing or disciplining the worker, or taking other steps to make sure she or he doesn’t engage in illegal harassment or discrimination in the workplace. A company that fails to take action could be responsible for punitive problems if the racist worker works on his/her values at work. Some state governments and local governments have laws and regulations safeguarding you from discrimination due to your politics activities or affiliation.
For instance, California, Colorado, New York, North Dakota, and Louisiana say it’s illegal to retaliate against an employee for his or her off-duty involvement in politics or political campaigns. In Broward County Here, it’s illegal to flames employees based on political affiliation. If you work for authorities, there’s the good old First Amendment to protect you.
Plus, the Civil Service Reform Act of 1978 prohibits political affiliation/activity discrimination against federal employees. Thus, my second answer. Maybe. That is one of those situations where two laws and regulations rub up against each other. I would think a solid argument could be produced that attending a rally like last weekend would give a company a legitimate reason apart from political affiliation to flames or discipline a worker. Once the worker begins spewing racist stuff in waving and public swastikas, that may cross a relative line.
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Will the courts determine that the company has a legitimate business to safeguard? Maybe. With government employees Even, the government may be able to confirm that the employee’s free conversation privileges were outweighed by the government’s right to effective and orderly procedure. If, however, the employee is definitely respectful to coworkers and customers of color and continues to do so after the rally, maybe the company doesn’t have a legitimate reason other than politics affiliation to flames the individual.
Still, I default to my third answer, probably. Most areas haven’t any legal protection for political firings. So most employees have no legal safety if they go to a racist rally. The employer probably has a duty to safeguard coworkers and customers from a racist. I suspect most courts shall say firing someone for attending a racist rally that turned murderous is flawlessly legal, even required maybe.
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