Political affiliation is not a protected class at the federal level. If a city has an ordinance against it, that is specific to that city, but in the city where I live, it is not illegal. In fact it is quite common for Assistant DA’s and Sheriff’s Deputies to be replaced based on political affiliation when a new DA or Sheriff comes into office where I live. I live in a major metro area in the south.
It’s not considered wrongful where I live (major metro area in the south). It is standard practice. Prosecutors and deputies are regularly let go in large numbers based on political affiliation when a new DA or Sheriff takes office. It’s just considered part of the job around here.
Employment discrimination suits aren’t brought by DAs or public prosecutors? And yes, in general, a DA could force out staff that refuse to comply with their agenda. That happens all the time because it is a political role. Biden doesn’t have to keep Trump appointees, same principle. But the guy at the gas station fired for voting for Biden? He can sue
California, New York and DC are the only places with laws that explicitly cite firing for political opinion. There are no federal laws protecting people from employers who want to fire someone for that. You’d have to make a case that you were ACTUALLY fired for being part of a protected class.
I agree with your first couple paragraphs, but I’m fairly certain denying employment solely on political belief is illegal
Political affiliation is not a protected class at the federal level. If a city has an ordinance against it, that is specific to that city, but in the city where I live, it is not illegal. In fact it is quite common for Assistant DA’s and Sheriff’s Deputies to be replaced based on political affiliation when a new DA or Sheriff comes into office where I live. I live in a major metro area in the south.
You don’t have to be a protected class to file a lawsuit for wrongful termination or a biased hiring decision
It’s not considered wrongful where I live (major metro area in the south). It is standard practice. Prosecutors and deputies are regularly let go in large numbers based on political affiliation when a new DA or Sheriff takes office. It’s just considered part of the job around here.
Employment discrimination suits aren’t brought by DAs or public prosecutors? And yes, in general, a DA could force out staff that refuse to comply with their agenda. That happens all the time because it is a political role. Biden doesn’t have to keep Trump appointees, same principle. But the guy at the gas station fired for voting for Biden? He can sue
California, New York and DC are the only places with laws that explicitly cite firing for political opinion. There are no federal laws protecting people from employers who want to fire someone for that. You’d have to make a case that you were ACTUALLY fired for being part of a protected class.
https://www.nolo.com/legal-encyclopedia/can-employers-discriminate-based-on-political-beliefs-or-affiliation.html