Ann Kiernan responds:
I don’t know of any law that forbids asking, but there are some laws that bar employers from taking action against employees because of their lawful, off-duty activities.
For instance, in California, New York, and Colorado, employees cannot be disciplined, harassed or discriminated against for legal behavior outside work. But most states do not have such laws.
On the federal level, Section 7 of the National Labor Relations Act, which applies to both unionized and non-unionized companies, says that “[e]mployees shall have the right . . . to engage in . . . concerted activities for the purpose of . . . mutual aid or protection.” So, if the protest was about wages, safety, or other working conditions, that’s protected activity.
Note that we are talking about lawful activity. Workers on strike are not allowed to beat up people who cross a picket line, for instance. And, there have been plenty of news stories about people who were part of the mob that invaded the U.S. Capitol being fired for taking part in the insurrection. For instance, did you see on TV the man who was wearing his work badge—complete with name and photograph—while participating in the seditious riot? He is now an ex-employee.
So, it’s great that you want to be an involved citizen, but keep it peaceful.
Posted 01-25-2021
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
