Legal Question in Employment Law in New York

Work Issue

I wear a pin on my jacket at work. All it says is ''No War''. I wore it for a year with no problems. Recently the company decided I have to take it off. Yet other people wear pins that say ''Jesus First'' and a few wear ''Obama'' pins. I feel that it is my right as a citizen of this country to be able to peacefully express myself. I was wondering if I would be able to take any type of legal action against the company. Is there anything in the constitution that prohibits compants from infringing on someones freedom of expression?


Asked on 2/21/09, 8:05 pm

1 Answer from Attorneys
Bunji Fromartz Fromartz Law Offices

Re: Work Issue

Private companies do have more power then Federal or state entities to limit speech in their workplaces. However speech supporting unions cannot be banned. Religious expression is similarly protection. Political expressions (like No War or Obama) can be limited but it must be evenly applied so if they allow Obama they must allow No War as it is a political statement.

One interesting aside is that a "David Duke for President" could be a basis for claiming a hostile work environment by reasonable people. http://www.law.ucla.edu/volokh/harass/BREADTH.HTM

Read more
Answered on 2/21/09, 11:51 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in New York