Morristown, NJ employment law attorney Chris Lenzo talks about political retaliation. He points out that political retaliation is a form of retaliation that is generally unlawful only in the context of public employment. This applies to employees working for government entities at the local, county, state, or federal level. Under the First Amendment, which protects freedom of speech, assembly, and association, public employees have the right to engage in political activities, hold political beliefs, vote, and affiliate with political parties without fear of adverse employment actions.

He notes that government employers may make employment decisions based on political affiliation only for employees in policymaking positions. A clear example of this is members of the President’s cabinet, who shape policy and can be selected or dismissed based on their political party or political statements. Conversely, employees in non-policymaking roles—such as a municipal clerk—cannot be fired or treated differently due to their political beliefs, party affiliation, or support for political candidates, even if a new administration from a different party takes office.

He highlights that New Jersey law further protects employees who choose to remain apolitical, meaning a public employer cannot take adverse action against someone simply for declining to participate in political activities, campaigning, or declaring a party affiliation. Political discrimination or retaliation claims in the public sector typically involve adverse treatment based on an employee’s party affiliation, political speech, or political campaign activities.