Seeing red: When employees run for office

Many employers realize they cannot sack employees for their political beliefs. In a recent decision, however, the U.S. Court of Appeals for the Second Circuit (whose decisions control in New York) held an employer may not be able to pressure an employee who ran for elective office. As more and more employees are getting active in politics, either as candidates or supporters, employers need to know what is permissible.

Background

William Truitt, an employee of Salisbury Bank and Trust Company and part-time Dutchess County legislator, ran for the New York State Assembly. The bank advised him to choose between work and elected office. He chose his campaign and, from his perspective, was unlawfully forced to resign from the bank.

Truitt then sued the bank for a violation of New York Labor Law section 201-d, which prohibits discharge or discrimination based on protected political activities outside of working hours. The district court granted summary judgement (dismissal without a trial) to the bank, in large part based on his resignation. He appealed to the Second Circuit.

False ‘choice’?

On appeal, the Second Circuit focused on the “choice” the bank allegedly forced on Truitt. The court held that notwithstanding his resignation, he may have laid out a case for a “constructive discharge,” an adverse employment action, because he was allegedly forced to choose between quitting his election efforts or working for the bank.

Put another way, a reasonable jury could find the ultimatum to abandon his campaign as a “condition” to keeping his job was discrimination.