Another presidential election is fast approaching, and the 2012 election appears to be as contentious, if not more so, than the one in 2008. Employees may not only talk about politics around the water cooler but seek to wear buttons, circulate chain emails expressing political beliefs or outright lobby their co-workers to get out the vote for a particular candidate. These types of workplace discussions, if left unchecked, can lead to misunderstandings, hurt feelings and even litigation.
Are employees in Texas protected from retaliation based on their support of a particular candidate? The answer is yes. Texas Election Code §276.001 makes it a third-degree felony to retaliate against a voter “who has voted for or against a candidate or measure” or against a voter who has “refused to reveal how [he or she] voted.” The statute specifically makes it unlawful to subject or threaten to subject a voter to a loss or a reduction of wages or another benefit of employment, which would include termination.
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