With the heavily publicized and controversial presidential election just around the corner, many employees and employers are curious about their rights and obligations with respect to political speech and politically motivated conduct in the workplace. While an employee’s right to engage in political speech and activity in the workplace is not absolute, as some believe, Connecticut has some of the broadest employee protections in the country in this area. This article provides an overview of Connecticut’s law, which all employers operating in Connecticut should keep in mind over the coming weeks as the election approaches.

Connecticut’s protections, even for employees working in the private sector, stem from the First Amendment to the U.S. Constitution and the Connecticut Constitution, article first, §§4 and 14. The First Amendment provides that “Congress shall make no law … abridging the freedom of speech … or the right of the people peaceably to assemble….” Similarly, article first, §§4 and 14 of the Connecticut Constitution provide that “[e]very citizen may freely speak, write and publish his sentiments on all subjects” and that “[t]he citizens have a right, in a peaceable manner, to assemble for their common good….” Connecticut courts have held that this language specifically applies to political speech and politically motivated activity. While traditionally only public-sector employees were protected directly by these constitutional provisions, Connecticut has adopted Conn. Gen. Stat. §31-51q, which codifies those protections and makes them applicable to all private-sector employers. It provides:

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