Understanding New York’s Legal Activities Law and Its Protections for Off-Duty Political Speech

Quick Hits

• New York law protects employees from discrimination based on protected off-duty engagement in political.
• Employers in New York may want to consider the protections provided to employees under the law before taking adverse action against employees for off-duty speech, as they may be protected for certain political speech, excluding speech that incites violence or constitutes hate speech.

The New York Legal Activities Law, New York Labor Law Section 201-D, prohibits employers from taking adverse employment action against employees, including disciplining or discharging them, for their engagement in certain off-duty conduct or activities. The law expressly protects “political matters,” both of which are broadly defined.

• “Political matters” are defined as “matters relating to elections for political office, political parties, legislation, regulation and the decision to join or support any political party or political, civic, community, fraternal or labor organization.”

With the increase in political polarization and the ease with which employees can post on social media, instances of employees being discharged for their off-duty conduct or speech are on the rise. New York employers will likely be well served to tread carefully and be mindful of the New York Legal Activities Law before taking adverse employment action against an employee for off-duty political speech.

Ogletree Deakins’ New York offices will continue to monitor developments and will provide updates on the Employee Engagement, Employment Law, and New York blogs as additional information becomes available.

In addition, the Ogletree Deakins Client Portal covers federal and state laws prohibiting employers from taking action based on employee Lawful Off-Duty Conduct, including New York’s law. For more information on the Client Portal or a Client Portal subscription, please reach out to clientportal@ogletree.com.

Editor’s Note: This article was corrected on November 5, 2025, removing reference to off-duty protections for “religious matters.”

Follow and Subscribe
LinkedIn | Instagram | Webinars | Podcasts