California law protects the ability of employees to engage in political activity without interference from their employers. In particular, Sections 1101 and 1102 of the California Labor Code state that employers may neither “control or direct the political activities of employees,” nor pressure them “to adopt or follow … any particular course or line of political action or political activity.”
This fact sheet aims to provide general information to explain what the term “political activity” includes, and what types of political activities are protected from employer interference in California. Please note that the law in this area is still evolving; you should consult an attorney for more definitive information.
What kinds of political activity are protected by Sections 1101 and 1102?
Protected “political activity” has been broadly defined to go beyond “partisan” political activities like participating in electoral campaigns. The California Supreme Court has held that Sections 1101 and 1102 sweep more broadly to include actions that promote a social or political cause or movement. Participating in litigation, wearing symbolic armbands, and associating with others to advance shared beliefs or causes are types of covered political activities.
Generally, political speech and activities that occur outside the workplace (e.g., a political protest away from your work) are protected. On the other hand, it is sometimes less clear to what extent political speech and activities undertaken in the workplace are protected; employers may have a stronger argument if such on-the-job activities disrupt your workplace or interfere with your job performance.
Importantly, to prevail in an action under Sections 1101 and 1102, you will need to prove that your employer acted against you because it was opposed to your political beliefs. Evidence that your employer did not take similar adverse actions against employees with political views opposed to yours, or allowed employees to freely express themselves on different political issues, can be persuasive evidence that your employer was intolerant of your particular viewpoint, despite any politically neutral explanation it may offer.
Can I be disciplined or fired for participating in an offsite political protest?
Unless your participation in the protest somehow harms your employer’s business or interferes with your job performance, you cannot be lawfully terminated. Similarly, Labor Code 96(k) and 98.6 protect you from being demoted, disciplined, or discharged for “lawful conduct occurring during non-working hours away from the employer’s premises.” But you can be disciplined or fired if you missed work without permission while you engaged in the protest (unless your employer never disciplines employees for missing work for any other reason).
What are my options if I believe my employer has violated these sections?
(1) You can file an administrative complaint of retaliation in violation of Sections 1101 or 1102 with the Retaliation Complaint Investigation Unit of the California Labor Commissioner within six months of the violation. You can do this online here.
Once your claim is accepted by the Labor Commissioner, it is required to investigate your claim and issue findings. If it finds in your favor, it may award you back pay if you were terminated and lost income as a result. You should be aware, however, that the Labor Commissioner process may be extremely slow because of its large backlog of cases, and you should not expect prompt action on your charge.
(2) You can also file a civil action in court under Sections 1101 and 1102 without being required to file an administrative complaint with the Labor Commissioner. Although the statute of limitations period for such a lawsuit is presently unclear, to be safe you should file a court action within one year of the violation. Back pay and other remedies may be awarded by the court. You will need to retain an attorney for this option.
Disclaimer
This Fact Sheet is intended to provide accurate, general information regarding legal rights relating to employment in California. Yet because laws and legal procedures are subject to frequent change and differing interpretations, Legal Aid at Work cannot ensure the information in this Fact Sheet is current nor be responsible for any use to which it is put. Do not rely on this information without consulting an attorney or the appropriate agency about your rights in your particular situation.
Last updated: October 2025