Title 28
Labor and Labor Relations

Chapter 7
Labor Relations Act

§ 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.

(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 U.S.C. § 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.