Section 8 Political Affiliation and Expression

• Library: Employer-Employee Law 2008

The government generally may not condition employment on adherence to certain political beliefs or affiliations. Elrod v. Burns, 427 U.S. 347 (1976); Branti v. Finkel, 445 U.S. 507 (1980). The government may, however, be able to show that “party affiliation is an appropriate requirement for effective performance” of particular public offices, such as policymaking or confidential positions. Branti, 445 U.S. at 518. The Court in Rutan v. Republican Party of Illinois, 497 U.S. 62 (1990), held that the government may not condition hiring, promotions, transfers, or recalls of low-level employees on political affiliation or other partisan considerations.

In Horton v. Taylor, 767 F.2d 471 (8^th Cir. 1985), the Eighth Circuit held that road...