News Notes: New Case Explains When Public Sector Employees Can Be Disciplined For Political Activities

Most public and private employers know it’s illegal to take action against employees because of their political activities. But a recent case highlights an important exception to this rule for public employees who qualify as “policymakers.” A terminated deputy sued a newly elected sheriff, alleging she was forced out of her job because she had supported the losing candidate for sheriff. The Ninth Circuit Court of Appeal explained that when a public employee is a policymaker, you can discipline or terminate them for political activities that are at odds with the political loyalty required for the job. A jury will now decide if the deputy fits the definition of policymaker by looking at her level of responsibility and salary; whether she could, or the public believed that she could, speak in the name of the department; and whether she created or substantially influenced department policy.