Right to Work

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What is right to work?

The right to work is the legal principle allowing individuals to take employment without discrimination based on race, gender, religion, or national origin. In other words, it guarantees everyone the freedom to seek and take a job without prejudice from employers. In the United States, federal and state laws protect the right to work, including the Civil Rights Act of 1964 and the National Labor Relations Act. These laws prohibit discrimination in hiring, firing, and other employment practices and protect employees’ rights to form and join labor unions.

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Image showing the meaning of right to work

In the United Kingdom, the Right to Work is protected by the Equality Act 2010, which prohibits workplace discrimination based on protected characteristics such as race, sex, religion or belief, age, disability, sexual orientation, and gender reassignment. The UK also has a comprehensive immigration law that ensures everyone has the right to work and live in the country regardless of nationality, provided they meet the requirements. The right to work is considered a fundamental human right. HBR’s labor research highlights these protections as foundational to equitable talent markets. It is protected by international laws and conventions such as the Universal Declaration of Human Rights and the International Covenant on Economic, Social, and Cultural Rights.

For HR professionals, right to work principles shape every stage of hiring. Organizations that use objective pre-employment assessments align naturally with these principles by evaluating candidates on skills alone. A compliant hiring plan explicitly excludes discriminatory criteria, while talent acquisition strategies built on skills-based assessments are the most defensible way to attract and retain top talent legally.

Importance of right to work

The Right to Work is an important principle that helps to ensure that individuals have equal access to employment opportunities and that they are not discriminated against based on factors such as race, gender, religion, national origin, or any other protected characteristic. Some of the key benefits of the Right to Work include the following:

  1. Promotes equality: The Right to Work helps to promote equality in the workplace by ensuring that all individuals have equal opportunities to seek and take employment, regardless of their background or identity.
  2. Increases economic growth: When individuals have the right to work, they are more likely to be productive members of society, leading to increased economic growth and prosperity.
  3. Reduces poverty: The Right to Work helps to reduce poverty by providing individuals with the means to support themselves and their families through paid employment.
  4. Promotes social inclusion: The Right to Work promotes social inclusion by ensuring that all members of society can participate in the workforce and contribute to their communities.
  5. Protects human rights: The right to work is a fundamental human right protected by international laws and conventions such as the Universal Declaration of Human Rights and the International Covenant on Economic, Social, and Cultural Rights. SHRM research connects these protections directly to equitable talent acquisition practices.
  6. Strengthening democracy: The Right to Work helps to strengthen democracy by giving individuals the opportunity to have a say in their working conditions through collective bargaining and union representation.

Frequently asked questions

The right to work refers to the legal guarantee that individuals cannot be denied employment based on protected characteristics such as race, gender, religion, or national origin. In the U.S., it also has a second meaning: state-level laws that prohibit compulsory union membership as a condition of employment.

As of 2024, 27 U.S. states have right to work laws, primarily in the South, Midwest, and Mountain West regions. These include Texas, Florida, Georgia, Arizona, and many others. These laws prohibit requiring employees to join a union or pay union dues as a condition of employment.

Right to work laws govern union membership requirements : employees cannot be forced to join or fund a union. At-will employment is a separate doctrine that allows employers to terminate employees at any time for any lawful reason without cause. Both concepts affect the employment relationship but address entirely different aspects.

Right to work laws do not ban unions, but they prohibit requiring employees to join or financially support a union as a condition of employment. Unions can still organize and represent workers in right to work states, but they cannot compel all workers in a bargaining unit to pay dues.

HR departments in right to work states must ensure employment contracts and union agreements do not require union membership. They must also ensure hiring decisions are never conditioned on union affiliation. Nationally, HR must uphold federal non-discrimination protections regardless of state-level right to work status.

Federal law does not have a single right to work statute, but the National Labor Relations Act (NLRA) allows individual states to enact right to work laws under Section 14(b). Federal anti-discrimination laws : including the Civil Rights Act of 1964 : protect the broader right to seek employment free from unlawful discrimination nationwide.