Political Discrimination by Private Employers

Abstract

In general, private employers are not legally prohibited from discriminating against current and prospective employees on the basis of political beliefs. But there are exceptions to this rule, within the United States and internationally. This Article examines the persuasiveness and limitations of this general rule and the exceptions, with special attention to our own remarkably polarized circumstances. Ultimately, the Article concludes against recognizing such a right against private employer political discrimination not despite, but partly because of, our polarized politics.