Civil Rights
Introduction
Application of the Civil Rights Act
Americans with Disabilities Act (ADA)
Age Discrimination in Employment Act
Equal Rights
Education
Pregnancy
First Amendment Rights
Regulating Speech
Types of Permissible Speech
Types of Impermissible Speech
Free Speech at Work
False Commercial Speech
Due Process
Equal Protection
Governmental Immunity
Sexual Orientation
Right to Privacy
Religious Freedoms
Sexual Harassment
Free Speech at Work
Contents
Although First Amendment rights cannot be enforced in the private sector, an employer may not discriminate against an employee seeking to practice free speech. Prohibiting religious symbols on a worker's desk, for instance, violates the employee's freedom of speech.
Typically, free speech issues in the employment context arise when another worker feels harassed. Where free speech creates a hostile work environment, it likely will not be permitted. Courts have held that the workplace is different from public places (where the harassing speech cannot be prohibited) since there is a "captive audience."
Can I wear a political button to work?
Yes, unless your employer has specifically enacted policies prohibiting political expression.