Political Discrimination by Private Employers
26 Pages Posted: 25 Aug 2020 Last revised: 4 Sep 2020
Date Written: October 23, 2018
Abstract
In general, private employers are not legally prohibited from discriminating against current and prospective employees on the basis of political beliefs. But there are exceptions to this rule, within the United States and internationally. This Article examines the persuasiveness and limitations of this general rule and the exceptions, with special attention to our own remarkably polarized circumstances. Ultimately, the Article concludes against recognizing such a right against private employer political discrimination not despite, but partly because of, our polarized politics.
Keywords: civil rights, civil liberties, employment law, employment discrimination, free speech, politicization, polarization, corporate responsibility
JEL Classification: K31
Suggested Citation: Suggested Citation