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My friend/co-worker received a complaint at work for wearing…

My friend/co-worker received a complaint...
My friend/co-worker received a complaint at work for wearing a “Make America Great Again” hat into the office one morning. Because of the complaint, our manager told him that he couldn’t wear the hat due its offensive nature. Can our manager legally tell him to stop wearing the hat?
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Answered in 3 minutes by:
3/13/2018
Roy Hadavi
Category: Legal
Satisfied Customers: 1,213
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. Thank you for requesting that I assist you again. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: Yes, the employer may prevent your friend from wearing the hat, unless the employer is a government entity. Private employers are not bound by the 2nd amendment (freedom of speech), it only applies to government entities. Therefore, the employer may dictate attire and may even ban specific items. The only exception would be if the article of clothing is related to a protected class (such as race, religion, gender) in which case it could be considered discrimination by the employer. Unfortunately, political views do not fall into any of the protected classes.

Rating & Additional Questions: Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please do not rate my service. Please ask me as many questions as you need, until you feel I have earned an excellent rating. There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 1 month ago
Hi Roy, but what if the company sanctions groups within the company that openly align with political affiliations on the opposite side of the spectrum? Wouldn’t you say that this has potential to be problematic and unfair to my co-worker?

Unfair? Yes. Illegal and/or protected by labor laws? As, unfair as it sounds, no.

Roy Hadavi
Category: Legal
Satisfied Customers: 1,213
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
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Customer reply replied 1 month ago
Thanks, Roy!

You're very welcome!

Thanks for requesting me!

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Thank you for the 5-star rating.

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