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TreasureKY -> You're Fired!!! (7/25/2010 7:48:39 AM)
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Rather than further sideline Firm's "James Webb" thread, I wanted to pull out and discuss the little tidbit that came up with regard to a certain poster here having fired employees for voting for Obama.
First, I'm not condoning that decision.
Second, I'm not condemning it, either.
However, I do want support the assertion that the action is perfectly legal. Having spent many years in the Human Resources profession, and specifically having specialized in the legal aspects of that field, I can assure any naysayers here that it is indeed within the right of any private sector employer to let go any employee based on who they voted for in an election.
In fact, it is perfectly legal for private sector employers to fire or discriminate against any employee they like for any reason they like, just as long as they do not do so based on any Federally protected classes. Those classes are:
Race;
Color;
Religion;
Sex;
National origin;
Gender (with regard specifically to pay);
Pregnancy;
Age (with regard to individuals over 40);
Disability;
And most recently, genetic information.
Some States provide protection for additional classes such as sexual orientation, as well.
Make note that the general ideas promoted by these law are not absolute. These laws are lengthy and detailed providing specific reasons when adverse actions against these protected classes can be considered legal.
On the whole, though... provided I'm not resident of any State who legislates otherwise... I can legally fire you for being gay or lesbian. I can fire you for being transgendered. I can fire you for voting Democrat. I can fire you for being an environmentalist. I can fire you for smoking. I can fire you for listening to rap music. I can fire you because you wear pink. I can even fire you simply because I don't like you.
Note that being "legal" (or more specifically not being illegal) doesn't automatically equate with being wise, good or otherwise fair.
To address the individuals in Firm's thread who believed that they had found proof that firing employees because they voted for Obama is indeed illegal, take my word for it that the law is not always as simple as it appears.
With regard to this link provided, I can only assume that the poster keyed in on the following section:
The Civil Service Reform Act of 1978 (CSRA) contains a number of prohibitions, known as prohibited personnel practices, which are designed to promote overall fairness in federal personnel actions. 5 U.S.C. 2302. The CSRA prohibits any employee who has authority to take certain personnel actions from discriminating for or against employees or applicants for employment on the bases of race, color, national origin, religion, sex, age or disability. It also provides that certain personnel actions can not be based on attributes or conduct that do not adversely affect employee performance, such as marital status and political affiliation.
For those who would exclaim, "Ah ha!", please read again carefully and be aware that the Civil Service Reform Act of 1978 applies only to civil servants. Civil servants are appointees in the executive, judicial and legislative branches of the US Government. The US civil service also includes employees of the Competitive and Excepted services.
In other words, the CSRA does not apply to the general population employed in the private sector.
I would also point out that the CSRA is worded in such a way that a civil servant could be fired for political affiliation if that affiliation can be shown to adversely affect the employee's performance.
Another excerpt was provided as proof that at least one State would consider the act illegal. Unfortunately, the poster of that piece of State legislation doesn't appear to understand the difference between preventing an employee from voting and discharging someone based on who they voted for.
For those who would automatically decry this behavior as appalling... I applaud your immediate sense of justice and fair play. Unfortunately, I also understand that employers often have to go far beyond emotional gut reactions. The decision to hire or fire an individual can mean much more than what is best for the individuals, but what is best for the business. What is best for the business is often not apparent to any outsider.
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