HB 254 – AS AMENDED BY THE HOUSE

04Apr2007… 0741h

2007 SESSION

07-0687

06/04

HOUSE BILL 254

AN ACT relative to mandatory employer meetings about political and religious beliefs, including beliefs about joining a union.

SPONSORS: Rep. Jane Kelley, Rock 15; Rep. Baxley, Merr 6

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill prohibits employers from requiring employees to attend religious or political meetings.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04Apr2007… 0741h

07-0687

06/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to mandatory employer meetings about political and religious beliefs, including beliefs about joining a union.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Chapter; Worker Freedom Act. Amend RSA by inserting after chapter 275-E the following new chapter:

CHAPTER 275-F

WORKER FREEDOM ACT

275-F:1 Definitions. In this chapter:

I. “Constituent group” includes, but is not limited to, civic associations, community groups, social clubs, mutual benefit alliances and labor organizations.

II. “Constituent group matters” includes representation of constituents, such as employees or other members of the constituent group, or considerations relative to joining or not joining, participating in or not participating in, and supporting or not supporting the constituent group or any lawful activity of the constituent group.

III. “Labor organization” means any organization that exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.

IV. “Political matters” includes political party affiliation, campaigns for candidates for political office or legislation or both, and considerations relative to joining or not joining, participating in or not participating in, and supporting or not supporting the political party, candidate, or legislative campaign or any lawful activity in support thereof.

V. “Religious matters” includes religious affiliation or identification or considerations relative to joining or not joining, adhering to or not adhering to, supporting or not supporting any bona fide religious faith, organization, or activity.

275-F:2 Prohibition of Mandatory Meetings on Politics, Religion, or Joining a Union.

I. No employer, employer’s agent, representative, or designee shall require its employees to attend an employer-sponsored meeting for the purpose of communicating the employer’s opinion about politics, religion, or joining a union.

II. No employer, employer’s agent, representative, or designee shall discharge, discipline, otherwise penalize, or threaten to discharge, discipline, or otherwise penalize or take any adverse employment action against any employee:

(a) As a means of requiring an employee to attend a meeting.

(b) Because the employee refused to attend a meeting or to respond to, address, or participate in a meeting.

(c) Because the employee, or a person acting on behalf of the employee, makes a good faith report, verbally or in writing, of a violation or a suspected violation of this chapter, except that such prohibition shall not be applicable when the employee knows that such report is false.

(d) Because the employee has challenged or opposed any practice that the employee reasonably believes violates or would violate this section, or because the employee has made a charge, filed suit, testified, assisted in doing any of these things, or assisted or participated in any manner in any investigation, proceeding, or hearing under this section.

III. Any aggrieved employee, may enforce the provisions of this section by commencing a civil action no later than 90 days after the date of the alleged violation in the court for the judicial district where the violation is alleged to have occurred or where the employer has its principal office. The court may award a prevailing employee all appropriate relief, including injunctive relief, rehiring or reinstatement of the employee to the employee’s former position or equivalent position, back pay and reestablishment of any employee benefits including seniority, to which the employee would otherwise have been eligible if such violation had not occurred, damages for any reasonably foreseeable losses sustained by such employee as a result of such violation, and any other appropriate relief as deemed necessary by the court to make the employee whole, and to restrain violation of this section. The court shall award a prevailing employee treble damages, together with reasonable attorney’s fees and costs.

IV. In any proceeding under this section, when it is alleged that an employer or employer’s agent, representative, or designee engaged in conduct constituting retaliation prohibited by this section within 180 days of the date on which the employee refused to attend a meeting or to respond to, address, or participate in a meeting or mandatory communication; made a good faith report; challenged or opposed a practice; or charged, filed suit, testified, assisted, or participated as described in this section, a presumption shall arise that the alleged conduct violated this section. The employer may rebut the presumption by adducing clear and convincing evidence that the discharge of or action taken against the employee was for a bona fide job-related or business reason unrelated to any conduct prohibited by this section.

V. Nothing in this chapter shall be construed to limit an employee’s right to bring a common law cause of action against an employer for wrongful termination or to diminish or impair the rights of a person under any collective bargaining agreement.

VI. Nothing in this chapter shall prohibit:

(a) A religious organization from requiring its employees to attend an employer-sponsored meeting or to participate in any communications with the employer or its agents or representatives for the primary purpose of communicating the employer’s religious beliefs, practices, or tenets.

(b) A political organization, including political parties and other organizations which engage in substantial part in political activities, from requiring its employees to attend an employer-sponsored meeting or to participate in any communications with the employer or its agents or representatives, for the primary purpose of communicating the employer’s political tenets or purposes.

(c) A labor organization, when acting as an employer, from requiring its employees to attend an employer-sponsored meeting.

(d) Meetings for the purpose of collective bargaining or the administration of a collective bargaining agreement or the resolution of employee grievances.

(e) Meetings of an employer’s executive or administrative personnel to discuss issues related to the employer’s business.

(f) Meetings for the purpose of training employers and employees to understand and eliminate discrimination in the workplace on the basis of race, color, religion, religious creed, national origin, gender, sexual orientation or identity, disability, age, or any other form of invidious discrimination, if such action does not include a meeting otherwise prohibited by this section;

(g) Any employer from allowing employees to use its facilities, bulletin board, inter-office mail, or electronic messaging systems for or in connection with voluntary meetings or expression by employees on religious, political, or constituent group matters, so long as such access is extended on a non-discriminatory basis, and if the grant of such access does not involve a meeting or mandatory communication otherwise prohibited by this section.

VII. Covered employers shall post a notice to employees of employee rights under this bill.

The posting shall be in a place normally reserved for such employment-related notices and in a place frequented by employees.

2 Effective Date. This act shall take effect January 1, 2008.