Can You Get Fired For Wearing Political Clothes in California?

In an age of heightened political awareness, many Californians are no longer keeping their beliefs to themselves… especially at work. Whether it’s a “Black Lives Matter” shirt, a rainbow Pride pin, or a red “Make America Great Again” hat, political messaging is showing up in workplaces across the state.

But here’s the big question: Can your employer punish you for wearing political clothing at work?

At West Coast Employment Lawyers, we’ve heard from countless employees who were disciplined, written up, or even fired for expressing their beliefs through what they wore. And while California is one of the most employee-friendly states in the country, the law isn’t as black and white as it may seem.

Is Political Clothing Considered Protected Speech at Work?

Not always. This is one of the biggest misunderstandings we see, because the First Amendment protects your right to free speech but only from government censorship. It doesn’t apply to private employers, meaning your boss is not violating the Constitution if they ask you to remove a politically charged shirt, hat, or pin unless specific state laws or policies say otherwise.

That being said, California does offer unique protections for political expression under its labor laws, even in private workplaces. But those protections aren’t absolute, and they don’t always apply to what you wear during your shift.

What Are the Laws Surrounding Political Clothing at Work?

There are two sections of the California Labor Code that are critical when it comes to your political rights at work:

• Labor Code § 1101 prohibits employers from enforcing rules or policies that control or direct employees’ political activities or affiliations.
• Labor Code § 1102 bans employers from retaliating against employees for political activity or political beliefs.
  

So, if you wear a shirt or button that expresses your support for a political cause, campaign, or movement like climate action, pro-choice advocacy, or immigration reform, California law may consider that a form of political expression. But here’s the catch: These protections generally apply to off-duty political expression. Once you’re on the clock, employers often have the right to enforce dress codes and workplace conduct standards.

Do Employers Have the Right to Enforce Dress Codes?

Employers in California are allowed to establish reasonable dress code policies, especially when it comes to:

• Workplace safety
• Uniformity or branding
• Customer-facing appearance
• Avoiding workplace disruption

If political clothing violates a company’s neutral dress code, the employer can ask you to remove it or have you face consequences. For example, if a retail store has a strict uniform policy and bans all non-company logos or slogans, that likely applies across the board, even to political statements. What employers cannot do is enforce dress code rules in a discriminatory or retaliatory way. That means:

• They can’t allow one political view but ban another
• They can’t target political expression only when it relates to a protected class
• They can’t discipline you for political expression if it’s inconsistently applied across employees

The most important thing to remember when it comes to these rules is that consistency is key. If your coworker wears a Make America Great Again pin and it’s allowed, but you’re punished for a Black Lives Matter pin, you may have grounds for a discrimination or retaliation claim.

Common Examples of Political Clothing That Can Get You in Trouble

Even in California, certain types of political clothing are more likely to lead to discipline especially if they violate uniform or dress code rules, feature offensive, inflammatory, or profane language, disrupting workplace productivity, or involve campaigning or soliciting during work hours. Common examples that have triggered employer pushback include:

• Shirts with slogans like “Defund the Police” or “Trump 2024”
• Hats or pins supporting controversial propositions or candidates
• Masks with politically charged phrases during the COVID-19 pandemic
• Clothing expressing support for international conflicts (e.g., pro-Palestine or pro-Israel messages)

In many cases, employees are disciplined not because of the political view itself they express, but for wearing items that violated workplace rules. 

Religious and Cultural Expression vs. Political Expression

Often times, political clothing can be tied or affiliated with with cultural clothing and there is a very fine line between religious clothing, which has broad legal protections, and political clothing, which does not. Under both federal and California law, employers must accommodate religious attire such as hijabs, turbans, or yarmulkes, unless it causes an undue hardship to the business.

While religious or cultural expression can take on a variety of political meanings (e.g., wearing a keffiyeh in solidarity with Palestinians), employers must tread carefully, and if you feel targeted based on your religion or ethnicity, you may have a valid religion discrimination claim.

What If You Were Unjustly Punished or Fired?

If you’ve been written up, sent home, or fired for wearing political clothing, don’t panic—you may have legal recourse. Here’s what to do:

1. Request a written explanation from your employer
2. Review your company’s dress code policy and gather examples of how it’s applied
3. Document everything—especially if coworkers with different views weren’t disciplined
4. Talk to a lawyer before signing anything or responding to HR
5. File a complaint if necessary with the California Civil Rights Department (CRD)

Have You Been Wrongfully Punished for at Work? Call Us Today!

In California, the law walks a fine line between employer control of the workplace and employee rights to political expression. Wearing political clothing at work is not always protected but in many cases, employer discipline may cross legal boundaries. If your employer has punished you for expressing your political beliefs through clothing, don’t assume you’re out of options. You may be protected under California labor laws especially if their actions were discriminatory, retaliatory, or inconsistently applied.

Let the experienced team at West Coast Employment Lawyers help you stand up for your rights and hold your employer accountable. We’ve recovered over $1.7 billion for employees across California, and we don’t charge you a dime unless we win.

Call (213) 927-3700 now for a free consultation or use our online contact form. We’re Available 24/7.

Frequently Asked Questions