...just sayin'...
Agreed - plus if they are a current employee then you run the risk of a) having them file for unemployment which they will get if you fire them on grounds of political affiliation. Not their fault, B) having anything they remotely have on you or know about your operations exposed - unless you have them on a super tight NDA and c) risk of not having customers who might view your firm as extreme. I have 2 programmers who work for me that our outstanding at what they do, are good people and have families I know/trust. Just because they voted for Obama does not drive my decision to fire them. However to each their own.
“You’d likely lose the lawsuit on first amendment grounds.
The first amendment only covers the government prohibiting speech. Every body else can discriminate to there hearts contents...
Not if it's a private employer. That said, I think the idea is....unwise.