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28th Jun 2017

Q Is it legal for my company to prohibit me from engaging in my choice of politics? — J.D., Lomita

A California Labor Code Sections 1101(a) and (b) prohibit an employer from making, adopting or enforcing any rule, regulation or policy that prevents you from engaging or participating in politics, or from seeking public office. Further, California employers are not entitled to control or direct — or take steps that tend to control or direct — either the political activities or affiliations of employees.

But, if you participate in a political activity that creates a conflict of interest with your employer’s business, then your job could be at risk. Similarly, if you are unable to get your work done as a result of your political activities, then it may be legal for your employer to demote or fire you because of your deficient job performance.

Q My boss is abusive. At this point, I have no choice but to quit. HR is not helping. I went to a lawyer who said that while it is a bad situation, that doesn’t mean I have a case. In other words, a boss can be a jerk. What is the law? — K.R., Lakewood

A You may have a claim for a “hostile work environment.” Typically, this does not occur with one off-color joke or an angry outburst. Such behavior may be worth reporting to human resources, but a hostile work environment means a pervasive atmosphere and pattern of misconduct that is intolerable, and infects the workplace to a degree that it disrupts your ability to get your job done. In addition, the behavior must be discriminatory against a protected characteristic, such as race, age, national origin, sex, religion or disability.

Note that if you quit, you may seriously erode your claim by giving up your job, as opposed to if you are fired or forced to take leave for illness or disability. I recommend you find a qualified employment law specialist, and not rely on the opinion of the first attorney with whom you spoke. Also, online sources have helpful information about the process to file a complaint for wrongful discrimination with the California Department of Fair Employment and Housing; go to https://www.dfeh.ca.gov/complaint-process/.

Q Is an employer allowed to advertise a job that only men can apply for?— C.O., Rancho Palos Verdes

A There are both federal and California statutes that make it unlawful for an employer, union or advertising agency to advertise for only a male or female job applicant, with the exception being when gender is absolutely necessary for job performance (i.e., if a woman is sought to model a certain kind of clothing).

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column, which appears on Wednesdays, presents a summary of the law and should not be construed as legal advice. Email questions and comments to him at RonSEsq@aol.com or write to him at Ask the Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503.

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