The General Assembly passed “An Act Protecting Employee Freedom of Speech and Conscience,” allowing employees to refuse to be subjected to political and religious messaging from their employers. The bill is expected to be signed by Governor Lamont.
The legislation provides that employers may not discipline, discharge, or threaten to discipline or discharge any employee for refusing to “(A) 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 (B) listen to speech or view communications, the primary purpose of which is to communicate the employer’s opinion concerning religious or political matters.”
For purposes of this law, “religious matters” is defined as “matters relating to religious affiliation and practice and the decision to join or support any religious organization or association.” “Political matters” is defined as “matters relating to elections for political office, political parties, proposals to change legislation, proposals to change regulation and the decision to join or support any political party or political, civic, community, fraternal or labor organization.” Employers should take particular note of the reference to labor organizations, meaning unions. A key objective of this legislation is to limit employers’ “captive audience” speeches to employees to dissuade them from joining a union.
The legislation does not prohibit employers from holding meetings with voluntary attendance or distributing literature without compelling the employee to read it. However, employers in the midst of union election campaigns must be particularly attentive to timing and content restrictions of messages imposed by the National Labor Relations Act (for private employers) and Connecticut’s Municipal Employees Relations Act (for municipal employers). These laws prohibit electioneering within 24 hours of a union election and prohibit certain kinds of messaging (such as promises or threats in connection with unionization).
The legislation does not prohibit:
- 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;
- 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;
- 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;
- Casual conversations between employees or between an employee and an agent, representative or designee of an employer, provided participation in such conversations is not required; or
- A requirement limited to the employer’s managerial and supervisory employees.
While the legislation applies to virtually all employers, certain religious employers have a limited exemption with respect to religious speech.
Damages include lost wages or compensation as well as attorney’s fees and costs. Punitive and other damages are not available. The Department of Labor may issue a fine of $300 per violation.
The law goes into effect July 1, 2022. There are questions about the constitutionality of this legislation and legal challenges are very likely to be mounted.
Our team of labor and employment attorneys can assist employers in ensuring compliance with all applicable labor and employment laws.