Bill would ban workplace political discrimination

By Matt Bittle
Posted 5/16/21

DOVER — A bill that would prohibit an employer from discriminating against an employee because of his or her political affiliation cleared the House Labor Committee Wednesday, with the main …

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Bill would ban workplace political discrimination

Posted

DOVER — A bill that would prohibit an employer from discriminating against an employee because of his or her political affiliation cleared the House Labor Committee Wednesday, with the main sponsor promising to amend it before bringing it up for a full vote.

House Bill 154 would make it illegal for any business, nonprofit or other employer to let go of, refuse to hire or otherwise discriminate against anyone because of his or her political views. It would include an exemption “if the employer can demonstrate that political affiliation or political belief is a bona fide occupational qualification.”

“I think we’ve all seen the divisiveness on both sides,” main sponsor Rep. Mike Smith, a Pike Creek Valley Republican, told the committee. “What 154 does is just try to take that out.”

Rep. Smith said he brought the bill after hearing from both Democratic and Republican constituents.

While the measure was voted out of committee, several lawmakers raised concerns over the specific language. A few characterized the bill’s inclusion of political beliefs, defined as “a person’s own value judgment of what is or what should be concerning the body politic,” as too broad.

“Are we aiming to protect racism under free speech when it comes to political beliefs and values?” asked Rep. Rae Moore, a Middletown Democrat.

Rep. Smith replied that he does not believe racist or similarly offensive views would qualify as protected under the bill but admitted the definition could be narrowed down further. Both the Department of Labor and the Department of Justice have expressed some concerns about the language, he said, with the agencies warning the legislation as is would likely end up in the courts.

“There’s a way we can, I think, finetune that definition,” Rep. Smith said.

Labor Secretary Karryl Hubbard testified that the legislation would probably require some positions be added to her agency to investigate complaints. Though the department receives very few claims about political discrimination, officials would be naive to think there wouldn’t be an increase, Ms. Hubbard told the committee.

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