Aimee Delaney Discusses Legal Implications of Firing an Employee for Expressing Their Personal Views in the Workplace
Aimee Delaney, a Chicago-based partner and leader of the Labor & Employment Practice Group at Hinshaw & Culbertson LLP was quoted in an article titled "Can You Fire an Employee Because You Hate Their Views? It Depends," published by Fast Company. The article discusses whether the personal views of an employee can be legal grounds for terminating employment.
The First Amendment protects workers against government action because of their beliefs, protected speech, and certain actions, Delaney says, but it doesn’t protect workers from many employer actions. Delaney cautions companies against firing people "willy-nilly," but notes that doing nothing may be risky when an employee's speech or actions start to affect the workplace. It’s important that the rules apply to everyone, Delaney adds: "an employer always has to be thinking about being consistent in its application [of workplace policies] so that it doesn’t wind up with a discrimination claim" arguing that the employer is "treating somebody different internally."
Read "Can You Fire an Employee Because You Hate Their Views? It Depends" on the Fast Company website