Publication Date
Summer 2025
Abstract
The United States has long been exceptional among liberal states in both its lack of workers’ rights and the undemocratic character of its electoral politics. In this Article, I argue that these two phenomena are related: the power that business managers and owners have over their employees has a depoliticizing, anti-democratic effect. It discourages people with a boss—that is, most working-age people—from speaking their mind, while also preventing them from banding together for mutual benefit and the realization of shared values.
I begin by discussing the United States’ democracy deficit, as illustrated in low voter turnout and the weakness of civil society. I then discuss the ways in which employers have extreme power over their employees. Although many laws aim to limit employer discretion, from anti-discrimination laws to employee speech protections in some states, the backdrop of employer discretion and power renders these laws ineffective.
I then link the issues of depoliticization and employer power, discussing how the intimidation workers feel in the workplace undermines labor organizing, free speech, and political engagement in general. I place particular focus on laws that aim at making workers better citizens, such as whistleblower protections. I argue that giving workers due process, in particular requiring employers to show just cause before terminating employment, would breathe life into the aspirations behind these pro-democracy policies.
I conclude that there are no guaranteed results, but that the sketch of worker due process I am proposing offers real promise to help democratize our society.
Recommended Citation
Benjamin E. Douglas, Politicize the Workplace, 28 CUNY L. Rev. 252 (2025).