# Is it illegal to fire somebody for supporting a mainstream political party? **URL:** \ **Category:** Factual Questions\ **Created:** [March 16, 2009, 8:07pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-fire-somebody-for-supporting-a-mainstream-political-party/489658 "2009-03-16T20:07:34Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![George\_Kaplin](https://avatars.discourse-cdn.com/v4/letter/g/3e96dc/32.png) [@George\_Kaplin](https://boards.straightdope.com/u/George_Kaplin)\ **Post date:** [March 16, 2009, 8:07pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-fire-somebody-for-supporting-a-mainstream-political-party/489658/1 "2009-03-16T20:07:34Z")
Occasionally, you hear stories of people being fired after being exposed as a supporter of this or that extremist political party. I was wondering, is it legal in America to fire someone for expressing support for a mainstream political party? I mean, if the owner of a car dealership fired a staff member just for having a car with a McCain or Obama bumper sticker parked on company property or something, would the staff member have grounds to sue for wrongful dismissal? Citations of relevant case law would be most welcome. Thanks in advance! ---
**Author:** ![Sunspace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunspace/32/1250_2.png) [@Sunspace](https://boards.straightdope.com/u/Sunspace)\ **Post date:** [March 16, 2009, 8:14pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-fire-somebody-for-supporting-a-mainstream-political-party/489658/2 "2009-03-16T20:14:44Z")
I’m not sure that making a distinction between ‘mainstream’ and ‘non-mainstream’ political parties would hold up. Is it not true that some extremist political parties were declared criminal organizations, and their supporters or members could then be fired? ---
**Author:** ![Billdo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/billdo/32/315_2.png) [@Billdo](https://boards.straightdope.com/u/Billdo)\ **Post date:** [March 16, 2009, 8:16pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-fire-somebody-for-supporting-a-mainstream-political-party/489658/3 "2009-03-16T20:16:31Z")
The general rule in the US is that you may fire an employee for any reason, good, bad or indifferent, unless it is a legally prohibited reason such as discrimination on the base of sex, religion, national origin, etc., unless the employee is protected by a contract (either individual or collectively bargained). What you would be looking for is some sort of law that prohibited dismissal because of political activity. I’m not aware of anything in the general employment context, though the civil service laws are designed to protect public employees from being hired and fired because of their political affiliations. ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [March 16, 2009, 8:27pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-fire-somebody-for-supporting-a-mainstream-political-party/489658/4 "2009-03-16T20:27:53Z")
> [@Billdo](#): > > What you would be looking for is some sort of law that prohibited dismissal because of political activity. I’m not aware of anything in the general employment context, though the civil service laws are designed to protect public employees from being hired and fired because of their political affiliations. Here in Wisconsin we have the “Law Enforcement Officers Bill of Rights” (state statute chapter 164) that covers political activity. This is a specific law. I don’t know if there are any that cover other professions. [Wisconsin Statutes Table of Contents](http://www.legis.state.wi.us/statutes/Stat0164.pdf) **(WARNING: PDF)** ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [March 16, 2009, 11:08pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-fire-somebody-for-supporting-a-mainstream-political-party/489658/5 "2009-03-16T23:08:09Z")
Some civil service positions require that people serving in them do not take part in political activities on the job. [Here are the rules for Pennsylvania](http://www.scsc.state.pa.us/scsc/cwp/view.asp?a=377&q=126899): > [@](#): > > An employee MAY NOT: > > ``` > 1. Use official authority or influence to interfere or affect the result of an election. > 2. Take an active part in political management or in a political campaign. > 3. Serve as an officer of a political party; a member of a national, state, or local committee of a political party; or an officer or a member of a committee of a partisan political club; or be a candidate for any of these positions. > 4. Organize or reorganize a political party organization or political club. > 5. Directly or indirectly solicit, receive, collect, handle, disburse, or account for assessments, contributions, or other funds for a partisan political purpose. > 6. Organize, sell tickets to, promote or actively participate in a fund-raising activity of a candidate in a partisan election, political party, or political club. > 7. Take an active part in managing the political campaign of a candidate for public office in a partisan election or a candidate for political party office. > 8. Become a candidate or campaign for an elective public office in a partisan election. > 9. Solicit votes in support of or in opposition to a candidate for public office in a partisan election or a candidate for a political party office. > 10. Act as recorder, watcher, challenger, or similar officer at the polls on behalf of a political party or candidate in a partisan election. > 11. Drive voters to the polls on behalf of a political party or candidate in a partisan election. > 12. Endorse or oppose a candidate for public office in a partisan election or a candidate for political party office in a political advertisement, a broadcast, campaign literature or similar material. > 13. Serve as a delegate, alternate, or proxy to a political party convention. > 14. Address a convention, caucus, rally, or similar gathering of a political party in support of or in opposition to a partisan candidate for public office or political party. > 15. Initiate or circulate a partisan nomination petition. > 16. Solicit, pay, collect, or receive a contribution at or in the workplace from any employee for any political party, political fund or other partisan recipient. > 17. Pay a contribution at or in the workplace to any employee who is the employer or employing authority of the person making the contribution for any political party, political fund > > ``` > > or other partisan recipient. > [@](#): > > PENALTIES > A civil service employee who knowingly or unknowingly violates the political activity provisions of the Civil Service Act is subject to a range of discipline. Based on the nature of the violation, the Commission may impose a penalty of suspension without pay of up to 120 working days or, if warranted, direct the employee’s removal. So removal for political activities, even for the Republican or Democratic parties, could indeed result in being fired. ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [March 17, 2009, 11:18am UTC](https://boards.straightdope.com/t/is-it-illegal-to-fire-somebody-for-supporting-a-mainstream-political-party/489658/6 "2009-03-17T11:18:07Z")
> [@RealityChuck](#): > > Some civil service positions require that people serving in them do not take part in political activities on the job. > … > > So removal for political activities, even for the Republican or Democratic parties, could indeed result in being fired. Federal law imposes similar restrictions. I could be fired for forwarding a partisan email from my work account. ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [March 17, 2009, 2:58pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-fire-somebody-for-supporting-a-mainstream-political-party/489658/7 "2009-03-17T14:58:16Z")
> [@Tom\_Tildrum](#): > > Federal law imposes similar restrictions. I could be fired for forwarding a partisan email from my work account. It’s called the [Hatch Act](http://www.osc.gov/hatchact.htm), and in some cases it applies to state and local employees as well. ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [March 17, 2009, 3:34pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-fire-somebody-for-supporting-a-mainstream-political-party/489658/8 "2009-03-17T15:34:45Z")
When I worked for non-profit organizations we were told in no uncertain terms that ANY political work had to be done on our own time, using our own resources, away from company property, as private citizens only, and that we were not to identify ourselves as employees or members of the organizations. It never got to the bumper sticker level, but I never saw a bumper sticker on a car parked on company property, either. In Missouri, your employer must give you time off to vote, but it doesn’t have to be paid time off. ---
**Author:** ![Markxxx](https://avatars.discourse-cdn.com/v4/letter/m/5daacb/32.png) [@Markxxx](https://boards.straightdope.com/u/Markxxx)\ **Post date:** [March 17, 2009, 4:33pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-fire-somebody-for-supporting-a-mainstream-political-party/489658/9 "2009-03-17T16:33:39Z")
In private businesses, they can pretty much dictate rules. Usually something like campaigning is covered under “Creating a hostile working environment.” (Which falls under the “Sexual Harassment” umbrella) Most companies say anything that creates an atmosphere so uncomfortable that it effectively interferes with the workplace is unacceptable. That is open to many thoughts though. For instance nagging people to buy your daughters Girl Scout cookies could be the same as spouting political views. You can’t be fired for stating your opinion so long as it doesn’t create a “true” hostile working environment. Remember an _unpleasant_ working environment, is not necessarily a hostile one. ---
**Author:** ![brianmelendez](https://avatars.discourse-cdn.com/v4/letter/b/65b543/32.png) [@brianmelendez](https://boards.straightdope.com/u/brianmelendez)\ **Post date:** [March 17, 2009, 6:11pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-fire-somebody-for-supporting-a-mainstream-political-party/489658/10 "2009-03-17T18:11:58Z")
Minnesota Statutes [§ 10A.36](https://www.revisor.leg.state.mn.us/statutes/?id=10A.36): > [@](#): > > **10A.36 REPRISALS PROHIBITED; PENALTY.** > > An individual or association must not engage in economic reprisals or threaten loss of employment or physical coercion against an individual or association because of that individual’s or association’s political contributions or political activity. This subdivision does not apply to compensation for employment or loss of employment if the political affiliation or viewpoint of the employee is a bona fide occupational qualification of the employment. An individual or association that violates this section is guilty of a gross misdemeanor.