2023 -- H 5516

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LC001376

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- LABOR RELATIONS ACT

     Introduced By: Representatives Solomon, Edwards, and Sanchez

     Date Introduced: February 10, 2023

     Referred To: House Labor

     (by request)

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, proposals to change regulation and the decision 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 to join or support any religious organization or association.

     (b) Except as provided in subsections (c) and (d) of this section, any employer, including

the state and any instrumentality or political subdivision thereof, who subjects or threatens to

subject any employee to discipline or discharge on account of:

     (1) The exercise by such employee of rights guaranteed by the first amendment to the

United States Constitution or sections 3 or 21 of Article I of the Constitution of the State of Rhode

Island; provided such activity does not substantially or materially interfere with the employee's

bona fide job performance or the working relationship between the employee and the employer; or

     (2) Such employee's refusal to:

     (i) 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

     (ii) Listen to speech or view communications, including electronic communications, the

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

political matters, shall be liable to such employee for damages caused by such discipline or

discharge, including punitive damages, for reasonable attorneys' fees as part of the costs of any

such action for damages, and the full amount of gross loss of wages or compensation, with costs

and such reasonable attorneys' fees as may be allowed by the court. If the court determines that

such action for damages was brought without substantial justification, the court may award costs

and reasonable attorneys' fees to the employer.

     (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;

     (4) 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

     (5) A requirement limited to the employer's managerial and supervisory employees.

     (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.

     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

***

     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 would have the right to bring

a civil action against the employer seeking compensatory and punitive damage.

     This act would take effect upon passage.

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