Chapter 420 |
2025 -- H 5506 SUBSTITUTE A Enacted 07/02/2025 |
A N A C T |
RELATING TO LABOR AND LABOR RELATIONS -- LABOR RELATIONS ACT -- EMPLOYEE FREE SPEECH RIGHTS |
Introduced By: Representatives Craven, O'Brien, Shanley, Dawson, Finkelman, Corvese, and Potter |
Date Introduced: February 13, 2025 |
It is enacted by the General Assembly as follows: |
SECTION 1. Chapter 28-7 of the General Laws entitled "Labor Relations Act" is hereby |
amended by adding thereto the following section: |
28-7-50. Employee rights of free speech in the workplace. |
(a) As used in this section: |
(1) "Political matters" means topics that are unrelated to the employer's business or |
business activities, such as subjects relating to elections for political office, political parties, |
proposals to change legislation or regulations which are not directly related to the employer's |
business, and a decision whether to join or support any political party or political, civic, community, |
fraternal, or labor organization; and |
(2) "Religious matters" means matters relating to religious affiliation and practice and the |
decision whether to join or support any religious organization or association. |
(b) Except as provided in subsections (c) and (d) of this section, an employer or the |
employer's agent, representative, or designee shall not discharge, discipline, or otherwise penalize |
or threaten to discharge, discipline, or otherwise penalize or take any adverse employment action |
against an employee because of the employee's refusal to: |
(1) Attend an employer-sponsored meeting with the employer or its agent, representative |
or designee, the primary purpose of which is to communicate the employer's opinion concerning |
religious or political matters; or |
(2) Listen to speech or view communications, including electronic communications, from |
the employer or its agent, representative, or designee, the primary purpose of which is to |
communicate the employer's opinion concerning religious or political matters. |
(c) Nothing in this section shall prohibit: |
(1) An employer or its agent, representative, or designee from communicating to its |
employees any information that the employer is required by law to communicate, but only to the |
extent of such legal requirement; |
(2) An employer or its agent, representative, or designee from communicating to its |
employees any information that is necessary for such employees to perform their job duties; |
(3) An institution of higher education, or any agent, representative, or designee of such |
institution, from meeting with or participating in any communications with its employees that are |
part of coursework, any symposia, or an academic program at such institution; or |
(4) Casual conversations between employees or between an employee and an agent, |
representative, or designee of an employer; provided that, participation in such conversations is not |
required. |
(d) The provisions of this section shall not apply to a religious corporation, entity, |
association, educational institution, or society that is exempt from the requirements of Title VII of |
the Civil Rights Act of 1964 pursuant to 42 USC 2000e-1(a) with respect to speech on religious |
matters to employees who perform work connected with the activities undertaken by such religious |
corporation, entity, association, educational institution, or society. |
(e) In a civil action to enforce this section, the court may award a prevailing employee all |
appropriate relief, including injunctive relief, reinstatement to the employee's former position or an |
equivalent position, back pay, and reestablishment of any employee benefits, including seniority, |
to which the employee would otherwise have been eligible if the violation had not occurred, and |
damages. The court shall also award a prevailing employee reasonable attorneys' fees and costs. |
SECTION 2. This act shall take effect upon passage. |
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LC001622/SUB A |
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