Is it legal to require an applicant to have liberal political views?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal to require an applicant to have liberal political views?

Specifically, the language used is as follows- ‘We are looking for the right cultural fit for this position.
Why is it important for you to work at an organization like Daily Kos? You’ll need to know or research a bit about Daily Kos to answer this question from an informed place. ‘ I am otherwise qualified to apply for this position, but now realize I will not be considered based on my political views. Thank you

Asked on May 28, 2019 under Employment Labor Law, Washington

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The law only prohibits discrimination based on being in a certain "protected classes". In other words, discrimination based on a person's race, religion, age (over 40), disability, nationality, gender, etc. is against the law. Otherwise, discrimination in the workplace (or anywhere else) is legal). The fact is that not all employees or, in your case, applicants need not be treated the same or even fairly. Absent an employment or union agreement to the contrary, a company can set the conditions of employment much as it sees fit. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, it is legal. An employer may set any criteria it wants for employees, other than criteria which the law specifically bars from consideration (or being grounds to deny employment), the chief of which are race, color, age 40 or over, religion, sex, or disability. There is no law protecting political views, however: an employer may decline to hire or employ someone whose views do not match its views. (Exception: the 1st Amendment, which applies to the government, not private employers, bars government employers from considering politics in hiring at other than top policy levels.) 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption