Connecticut 2019 Regular Session

Connecticut Senate Bill SB00440 Compare Versions

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7		-	General Assembly ~~Substitute~~ Bill No. 440
	5	+	General Assembly Committee Bill No. 440
8	6		January Session, 2019
	7	+	LCO No. 5741
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	10	+	Referred to Committee on JUDICIARY
	11	+
	12	+
	13	+	Introduced by:
	14	+	(JUD)
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13	17
14	18		AN ACT PROTECTING EM PLOYEE FREEDOM OF SPEECH AN D
15	19		CONSCIENCE.
16	20		Be it enacted by the Senate and House of Representatives in General
17	21		Assembly convened:
18	22
19	23		Section 1. Section 31-51q of the general statutes is repealed and the 1
20	24		following is substituted in lieu thereof (Effective July 1, 2019): 2
21	25		(a) As used in this section: 3
22	26		(1) "Political matters" means matters relating to elections for political 4
23	27		office, political parties, legislation, regulation and the decision to join 5
24	28		or support any political party or political, civic, community, fraternal 6
25		-	or labor organization; 7
	29	+	or labor organization; and 7
26	30		(2) "Religious matters" means matters relating to religious affiliation 8
27	31		and practice and the decision to join or support any religious 9
28		-	organization or association; and 10
29		-	(3) "Rights guaranteed by the first amendment to the United States 11
30		-	Constitution or section 3, 4 or 14 of article first of the Constitution of 12
31		-	the state" includes, but is not limited to, the right of freedom of speech, 13
32		-	freedom of religion and freedom of association, and shall include the 14
33		-	right not to be required to listen to speech. 15
34		-	(b) [Any] Except as provided in subsections (c) and (d) of this 16 Substitute Bill No. 440
	32	+	organization or association. 10
	33	+	(b) Any employer, including the state and any instrumentality or 11
	34	+	political subdivision thereof, who subjects or threatens to subject any 12
	35	+	employee to discipline or discharge on account of (1) the exercise by 13
	36	+	such employee of rights guaranteed by the first amendment to the 14
	37	+	Committee Bill No. 440
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41		-	section, any employer, including the state and any instrumentality or 17
42		-	political subdivision thereof, who subjects or threatens to subject any 18
43		-	employee to discipline or discharge on account of (1) the exercise by 19
44		-	such employee of rights guaranteed by the first amendment to the 20
45		-	United States Constitution or section 3, 4 or 14 of article first of the 21
46		-	Constitution of the state, provided such activity does not substantially 22
47		-	or materially interfere with the employee's bona fide job performance 23
48		-	or the working relationship between the employee and the employer, 24
49		-	or (2) such employee's refusal to (A) attend an employer-sponsored 25
50		-	meeting with the employer or its agent, representative or designee, the 26
51		-	primary purpose of which is to communicate the employer's opinion 27
52		-	concerning religious or political matters, or (B) listen to speech or view 28
53		-	communications, the primary purpose of which is to communicate the 29
54		-	employer's opinion concerning religious or political matters, shall be 30
55		-	liable to such employee for damages caused by such discipline or 31
56		-	discharge, including punitive damages, and for reasonable attorney's 32
57		-	fees as part of the costs of any [such] action for damages. If the court 33
58		-	determines that such action for damages was brought without 34
59		-	substantial justification, the court may award costs and reasonable 35
60		-	attorney's fees to the employer. 36
61		-	(c) Nothing in this section shall prohibit: (1) An employer or its 37
62		-	agent, representative or designee from communicating to its 38
63		-	employees any information that the employer is required by law to 39
64		-	communicate, but only to the extent of such legal requirement; (2) an 40
65		-	employer or its agent, representative or designee from communicating 41
66		-	to its employees any information that is necessary for such employees 42
67		-	to perform their job duties; (3) an institution of higher education, or 43
68		-	any agent, representative or designee of such institution, from meeting 44
69		-	with or participating in any communications with its employees that 45
70		-	are part of coursework, any symposia or an academic program at such 46
71		-	institution; (4) casual conversations between employees or between an 47
72		-	employee and an agent, representative or designee of an employer, 48
73		-	provided participation in such conversations is not required; or (5) a 49
74		-	requirement limited to the employer's managerial and supervisory 50 Substitute Bill No. 440
	42	+	United States Constitution or section 3, 4 or 14 of article first of the 15
	43	+	Constitution of the state, provided such activity does not substantially 16
	44	+	or materially interfere with the employee's bona fide job performance 17
	45	+	or the working relationship between the employee and the employer, 18
	46	+	or (2) such employee's refusal to (A) attend an employer-sponsored 19
	47	+	meeting with the employer or its agent, representative or designee, the 20
	48	+	primary purpose of which is to communicate the employer's opinion 21
	49	+	concerning religious or political matters, or (B) listen to speech or view 22
	50	+	communications, the primary purpose of which is to communicate the 23
	51	+	employer's opinion concerning religious or political matters, shall be 24
	52	+	liable to such employee for damages caused by such discipline or 25
	53	+	discharge, including punitive damages, and for reasonable attorney's 26
	54	+	fees as part of the costs of any such action for damages. If the court 27
	55	+	determines that such action for damages was brought without 28
	56	+	substantial justification, the court may award costs and reasonable 29
	57	+	attorney's fees to the employer. 30
	58	+	(c) Nothing in this section shall prohibit: (1) An employer or its 31
	59	+	agent, representative or designee from communicating to its 32
	60	+	employees any information that the employer is required by law to 33
	61	+	communicate, but only to the extent of such legal requirement; (2) an 34
	62	+	employer or its agent, representative or designee from communicating 35
	63	+	to its employees any information that is necessary for such employees 36
	64	+	to perform their job duties; (3) an institution of higher education, or 37
	65	+	any agent, representative or designee of such institution, from meeting 38
	66	+	with or participating in any communications with its employees that 39
	67	+	are part of coursework, any symposia or an academic program at such 40
	68	+	institution; (4) casual conversations between employees or between an 41
	69	+	employee and an agent, representative or designee of an employer, 42
	70	+	provided participation in such conversations is not required; or (5) a 43
	71	+	requirement limited to the employer's managerial and supervisory 44
	72	+	employees. 45
	73	+	Committee Bill No. 440
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81		-	employees. 51
82		-	(d) The provisions of this section shall not apply to a religious 52
83		-	corporation, entity, association, educational institution or society that 53
84		-	is exempt from the requirements of Title VII of the Civil Rights Act of 54
85		-	1964 pursuant to 42 USC 2000e-1(a) or is exempt from sections 4a-60a, 55
86		-	46a-81a and 46a-81o pursuant to section 46a-81p, with respect to 56
87		-	speech on religious matters to employees who perform work 57
88		-	connected with the activities undertaken by such religious corporation, 58
89		-	entity, association, educational institution or society. 59
90	78		This act shall take effect as follows and shall amend the following
91	79		sections:
92	80
93	81		Section 1 July 1, 2019 31-51q
94	82
95		-	Statement of Legislative Commissioners:
96		-	In Section 1(a)(3), "except as set forth in subsections (c) and (d) of this
97		-	section" was removed and reinserted into Section 1(b) for consistency
98		-	with standard drafting conventions; and in Section 1(d) "under 42 USC
99		-	2000e-1(a) or sections 4a-60a, 46a-81a and 46a-81o under section 46a-
100		-	81p" was changed to "pursuant to 42 USC 2000e-(1)(a) or is exempt
101		-	from sections 4a-60a, 46a-81a and 46a-81o pursuant to section 46a-81p"
102		-	for clarity and consistency.
	83	+	Statement of Purpose:
	84	+	To prohibit an employer from coercing employees into attending or
	85	+	participating in meetings sponsored by the employer concerning the
	86	+	employer's views on political or religious matters.
103	87
104		-	JUD Joint Favorable Subst.
	88	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	89	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	90	+	not underlined.]
105	91
	92	+	Co-Sponsors: SEN. LOONEY, 11th Dist.; SEN. FONFARA, 1st Dist.
	93	+	SEN. MCCRORY, 2nd Dist.; SEN. CASSANO, 4th Dist.
	94	+	SEN. LESSER, 9th Dist.; SEN. WINFIELD, 10th Dist.
	95	+	SEN. COHEN, 12th Dist.; SEN. ABRAMS, 13th Dist.
	96	+	SEN. OSTEN, 19th Dist.; SEN. MOORE, 22nd Dist.
	97	+	SEN. BRADLEY, 23rd Dist.; SEN. KUSHNER, 24th Dist.
	98	+	SEN. HASKELL, 26th Dist.; SEN. FLEXER, 29th Dist.
	99	+	SEN. NEEDLEMAN, 33rd Dist.; SEN. BERGSTEIN, 36th Dist.
	100	+	REP. ELLIOTT, 88th Dist.; REP. MICHEL, 146th Dist.
	101	+	REP. CURREY, 11th Dist.
	102	+
	103	+	S.B. 440