2025 -- S 0126

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LC000415

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- LABOR RELATIONS ACT --

EMPLOYEE FREE SPEECH RIGHTS

     Introduced By: Senators LaMountain, Dimitri, Thompson, Vargas, Patalano, Urso,
Appollonio, Bissaillon, Murray, and Ciccone

     Date Introduced: January 31, 2025

     Referred To: Senate Labor & Gaming

     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 matters relating to elections for political office, political

parties, proposals to change legislation or regulations, unrelated to the employer's business or

business activities, 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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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- LABOR RELATIONS ACT --

EMPLOYEE FREE SPEECH RIGHTS

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     This act would protect the rights of employees in the workplace relating to free speech,

assembly and religion, as well as attendance at employer-sponsored meetings regarding political or

religious matters. Employees so aggrieved by discipline or discharge by the employer would have

the right to bring a civil action against the employer seeking equitable relief and/or compensatory

damages including attorneys' fees and costs.

     This act would take effect upon passage.

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