Constraining the Political Beliefs of Federal Government Employees
If a federal government employee is fired and/or discriminated against because of their political beliefs, the action would arguably be in contradiction to the United States Constitution, particularly due to the fact that it would potentially violate free speech rights as well as the right to due process.
Discrimination that is based on an employee’s political beliefs occurs when an employer makes job decisions regarding that employee because of their political beliefs, civic activities, or party affiliation. For instance, if an employer demotes anyone who refuses to vote for a certain political party or does not hire someone as a result of their stance on a particular issue, then that employer is likely engaged in political discrimination.
While there are no specific laws that prohibit discrimination based on political views, federal government employees have constitutional protections that prohibit the abuse of government power. The First Amendment guarantees the right to free speech, and thus, it can protect an employee’s political views, but it is important to note that this protection is for government employees rather than those that work for private employers. Even if there is not a valid reason to raise a free speech argument, it is possible that political discrimination may be illegal on other grounds. For example, depending on the facts and circumstances of your case, the political discrimination might be considered illegal religious or race-based discrimination. An experienced and knowledgeable Federal Employment Law Attorney can review your case and determine whether you have a viable discrimination claim.
If you or someone you know has been fired or discriminated against based on your political beliefs, you should seriously consider consulting with an experienced Federal Employment Law Attorney as soon as possible. Call the Vaughn Law Firm today at (877) 615-9495 and schedule your free consultation.