With the presidential election campaign in full swing and dominating the headlines, employees inevitably will be discussing politics in the workplace, whether at the proverbial “water cooler” or in other, less predictable ways. Co-workers may frequently discuss politics in a perfectly amicable manner; however, circumstances may arise where employers may need to impose discipline for misconduct that an employee may claim constituted a form of protected political activity. While the federal employment statutes generally do not cover private sector political activities, employers in New York should remember that New York Labor Law (NYLL) §201-d, often referred to as the “Legal Activities Law,” prohibits employment discrimination based on political and other legal activities. However, the Legal Activities Law does not protect all political activities, and the statute includes several broad exceptions.
In this article we examine the protection of political activities and the related exceptions contained in New York’s Legal Activities Law. We also discuss some of the relatively few cases addressing claims of political activities discrimination and provide recommendations for compliance with this law.
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