XpertHR Advises on Political Extremism and Other Controversial Conduct by Employees

NEW PROVIDENCE, N.J., Sept. 19, 2017 /PRNewswire/ -- After white supremacists descended upon Charlottesville last month, some marchers were identified on social media and lost their jobs as a result. The big question many employers are asking since the Charlottesville protests is, "Can I fire or discipline an employee for his or her political beliefs or affiliation with extremist groups?"

According to XpertHR, employees cannot be terminated just because they belong to an extremist group, but if the affiliation or behavior carries over into the workplace, in most cases the employer would have the right to take action. Private employers generally can fire at-will employees based on their political beliefs.

"The problem with employees who belong to hate and extremist groups is that their beliefs have the potential to spill over into the workplace through job-related misconduct like harassment of employees who are in minority groups or the creation of a hostile work environment," says David Weisenfeld, Legal Editor, XpertHR.

For the group to qualify as a hate or extremist group, questions to ask include:

• Does the group advocate violence?
• Does it advocate violent overthrow of the US government?
• Does it preach the biological inferiority of certain races or sexes or national origin groups?

Many states have laws that protect employees who engage in various lawful behaviors outside of work, including some involving their political expression. A few states, including California and New York, limit employers from taking action based on an employee's political affiliations. Meanwhile, Connecticut extends free speech protections to the employees of private employers.

XpertHR says not all situations are clear-cut. Employers need to be careful how they define extremist groups. In all, roughly 30 states generally protect employees who engage in lawful off-duty behavior, including for their political activity. However, some of these laws do have exceptions, so they should be reviewed.

Another key factor to consider is whether the employer is subject to a collective bargaining agreement that protects employees' political affiliations or requires that any terminations be for "just cause."

For more insights on employee political extremism and other off-duty conduct, tune into the latest XpertHR podcast and visit the XpertHR blog.

About XpertHR

XpertHR helps build successful workforces by providing practical tools, expert resources and agile HR solutions from the federal, state and municipal level to help businesses stay a step ahead.

Media Contact:
Beth Brody
[email protected]
908-295-0600

SOURCE XpertHR

Related Links

http://www.xperthr.com

WANT YOUR COMPANY'S NEWS FEATURED ON PRNEWSWIRE.COM?

440k+
Newsrooms &
Influencers

9k+
Digital Media
Outlets

270k+
Journalists
Opted In

GET STARTED