Can You Get Fired Just For Protesting: CHICAGO — Thousands of people have taken to the streets and to social media in recent weeks to express solidarity with or in some cases, objections to — the Black Lives Matter movement against police brutality.
But can they say and do anything without risking their jobs?
Let’s break it down.
Private-sector employees have no federal free speech protections when it comes to their jobs.
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So private-sector employers would be within their rights to fire or discipline workers for protesting or spouting off on social media (with some exceptions) — but attorneys urge caution against doing so outside of extraordinary circumstances.
The First Amendment right to free speech does protect public-sector employees. Their employers — the government — can’t prohibit them from or retaliate against them for protesting or speaking out, as long as they don’t engage in criminal conduct and the issue is of political or social concern to the community rather than a personal gripe.
Public employers can still enforce their attendance and dress code policies, so a worker could get in trouble if they skip work or wear their uniform at a protest, Schreiber said.
All employers are bound by anti-discrimination laws that protect workers from unequal treatment based on race, religion and other protected classes.
Companies could be in violation if they crack down on certain employees but not others who engaged in the same behavior, or if they treat participation in Black Lives Matter protests differently from participation in other protests, like the Women’s March.
More employers may find themselves navigating that situation as offices reopen amid the pandemic and employees come back with the latest fashion accessory: face masks.
If employers allow workers to wear masks with Cubs logos but not with Black Lives Matters logos, they may find themselves with a suit on their hands.
“It’s when you start inconsistently enforcing the policies that employers run into problems,” said Aaron Holt, an attorney with Cozen O’Connor who represents management in employment cases.
Incendiary conduct: If employees — public or private-sector — make incendiary or offensive comments at protests or on social media, even during nonwork hours, they could violate company harassment or anti-discrimination policies.
Employers are required under Title 7 of the Civil Rights Act to provide a discrimination-free workplace, so they wouldn’t only be within their rights to discipline such employees but obligated to do so.
Speaking out about working conditions alongside fellow employees is protected under the National Labor Relations Act, regardless of whether employees are unionized or public or private sector.
That is happening a lot on social media, as employees call out their employers for lack of diversity, unequal pay or behavior they believe to be discriminatory. The criticism has led to a parade of leaders being ousted or suspended, notably at media companies such as Bon Appetit and Variety.
