As election season approaches, the total Coast Guard workforce should be aware of any legal and policy restrictions related to political activities to better understand your rights. You might be familiar with the Hatch Act, which is a federal law that limits the political activity of government employees, but it’s also important to understand how political discrimination intersects with equal employment opportunity and equal opportunity (EEO/EO).
The Equal Employment Opportunity Commission (EEOC) protects employees and applicants from employment discrimination based on race, color, religion, sex, national origin, retaliation for participation in a protected EEO/EO activity, age (40 or over), disability, genetic information, and parental status. However, there are certain bases of discrimination that are covered under other regulations, such as political ideology.
For example, a manager may not show preference or take a personnel action based on an employee or applicants' political affiliation or belief. While these actions would not constitute an EEO/EO complaint under the jurisdiction of the EEOC, such allegations can be brought to the U.S. Office of Special Counsel (https://osc.gov).
Here’s an example of where there could be an instance of political discrimination and discrimination based on a protected class listed above: An employee who identifies as LGBTQ+ attends an LGBTQ+ rights demonstration and is fired or disciplined by their manager, while another employee did not face negative employment actions for attending a different kind of protest or demonstration.
Just as civilians can bring forth informal complaints and harassment complaints based on political discrimination, military members may raise concerns through the informal EO complaint process, which allows perceived discrimination to be addressed. In cases involving political affiliation, programs like the Coast Guard’s Anti-Harassment Program may offer alternative avenues for addressing concerns that are not covered under the formal EO complaint process.
For additional information about this subject please contact your local Civil Rights Service Provider.