california discrimination freedom-of-speech employment
What actions can I take for discriminating against me (a right wing conservative) on job applications?
<p><em>This question is hypothetical</em></p>
<p>Say, I was denied several Jobs because of my beliefs as a right wing nationalist. I have made some comments in the past with regards to certain groups (mostly on Immigrants and Muslims). I've deleted those comments and all my accounts but somehow these comments are archived somewhere which the Company HR has access to. I've also been a registered member of some right wing groups until today, and somehow my membership is known.</p>
<p>I recently knew about this when a company insider explained to me why my employment was denied. They say that they cannot take the risk of employing me. Their company had a significant number of non-native employees and clients.</p>
<p>I live in the State of California.</p>

<p>As a adult of <a href="https://legal-dictionary.thefreedictionary.com/Sound+mind#:%7E:text=SOUND%20MIND.,subjects%2C%20like%20other%20rational%20men." rel="noreferrer">sound mind</a>, you are responsible for your actions.</p>
<p>Background checks for job applications are common place to determine suitability. The employers have the right (and responsibility) to choose what is in their best interest.</p>
<p>If through your previous and present actions, they come to the conclusion that you will become a <strong>liability</strong> to their interests, they will determine that you are <strong>not suitable</strong> for the position.</p>
<p>Not being suitable for a position is not a discrimination, but a determination of fact.</p>
<p>Rights and responsibilities go hand in hand.</p>
<p>The same is true for the employers.</p>
<p>They too have the <strong>obligation</strong> to act in</p>
<ul>
<li>their own</li>
<li>that of their other employees</li>
<li>that of their clients</li>
</ul>
<p>interests.</p>
<p>In cases where a judge comes to a conclusion that the rights of others are being impeaded, they will most likely decide for that party.</p>
<p>It is unlikely that a judge will assume that an individual is the center of the universe and that <strong>everyone else <em>must</em></strong> revolve around that individual.</p>

<p>Political beliefs are not a protected class under either California or Federal law. A company is well within their rights to refuse to hire you for being racist.</p>

<p>Under <a href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&amp;sectionNum=1101" rel="nofollow noreferrer">California Labor Code § 1101</a>, businesses are generally prohibited from discriminating against employees on the basis of their political beliefs. As I understand it, neither the fact that you are a nationalist nor the fact that you are &quot;right-wing&quot; is a legitimate basis for declining to hire you.</p>
<p>It may be, though, that the type of comments you made -- assuming we're still talking about the <a href="https://law.stackexchange.com/questions/57683/if-one-was-denied-job-due-to-remarks-on-muslims-during-job-interview-can-the-co">racist rant</a> you previously disclosed -- led the company to believe that whatever your political beliefs would be, you were incapable of aligning your behavior with professional standards -- specifically in terms of state and federal laws that prohibit creating a hostile work environment. If that's the case, they would have a stronger argument to defeat any discrimination claim you might bring.</p>
<p>Another possibility is that based on your racist comments, they just realized that you aren't very smart, and they rejected you because the job requires someone who is capable of higher-level reasoning than you. As far as I know, that's a lawful basis for rejecting an employment application.</p>

<p>You cannot require that your views which make you an undesirable hire are ignored by the employers. You can, however, change your views (or the way you express them publicly) and then get the mentions of your past removed. There is no &quot;right to be forgotten&quot; in the US, but the <a href="https://en.wikipedia.org/wiki/Right_to_be_forgotten#United_States" rel="nofollow noreferrer">case law</a> could get you close enough:</p>
<blockquote>
<p>any person living a life of rectitude has that right to happiness which includes a freedom from unnecessary attacks on his character, social standing or reputation.</p>
</blockquote>
<p>Practically, you'll have to find out what source the HR is using to find the comments which you have deleted. Then you contact those sources and ask for the information about you to be removed. It may take a long time, and you may have to sue and prove that the information you're contesting (a) is no longer accurate and (b) results in harm to your social standing and reputation.</p>
