2025 -- S 0126 SUBSTITUTE A

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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:

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     SECTION 1. Chapter 28-7 of the General Laws entitled "Labor Relations Act" is hereby

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amended by adding thereto the following section:

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     28-7-50. Employee rights of free speech in the workplace.

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     (a) As used in this section:

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     (1) "Political matters" means topics that are unrelated to the employer's business or

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business activities, such as subjects relating to elections for political office, political parties,

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proposals to change legislation or regulations which are not directly related to the employer's

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business, and a decision whether to join or support any political party or political, civic, community,

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fraternal or labor organization; and

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     (2) "Religious matters" means matters relating to religious affiliation and practice and the

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decision whether to join or support any religious organization or association.

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     (b) Except as provided in subsections (c) and (d) of this section, an employer or the

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employer's agent, representative or designee shall not discharge, discipline or otherwise penalize

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or threaten to discharge, discipline or otherwise penalize or take any adverse employment action

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against an employee because of the employee's refusal to:

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     (1) Attend an employer-sponsored meeting with the employer or its agent, representative

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or designee, the primary purpose of which is to communicate the employer's opinion concerning

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religious or political matters; or

 

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     (2) Listen to speech or view communications, including electronic communications, from

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the employer or its agent, representative or designee, the primary purpose of which is to

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communicate the employer's opinion concerning religious or political matters.

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     (c) Nothing in this section shall prohibit:

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     (1) An employer or its agent, representative or designee from communicating to its

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employees any information that the employer is required by law to communicate, but only to the

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extent of such legal requirement;

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     (2) An employer or its agent, representative or designee from communicating to its

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employees any information that is necessary for such employees to perform their job duties;

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     (3) An institution of higher education, or any agent, representative or designee of such

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institution, from meeting with or participating in any communications with its employees that are

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part of coursework, any symposia or an academic program at such institution; or

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     (4) Casual conversations between employees or between an employee and an agent,

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representative or designee of an employer; provided that, participation in such conversations is not

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required.

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     (d) The provisions of this section shall not apply to a religious corporation, entity,

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association, educational institution or society that is exempt from the requirements of Title VII of

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the Civil Rights Act of 1964 pursuant to 42 USC 2000e-1(a) with respect to speech on religious

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matters to employees who perform work connected with the activities undertaken by such religious

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corporation, entity, association, educational institution or society.

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     (e) In a civil action to enforce this section, the court may award a prevailing employee all

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appropriate relief, including injunctive relief, reinstatement to the employee's former position or an

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equivalent position, back pay and reestablishment of any employee benefits, including seniority, to

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which the employee would otherwise have been eligible if the violation had not occurred, and

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damages. The court shall also award a prevailing employee reasonable attorneys' fees and costs.

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     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,

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

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

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

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damages including attorneys' fees and costs.

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     This act would take effect upon passage.

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