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General Assembly Substitute Bill No. 440
January Session, 2019
AN ACT PROTECTING EM PLOYEE FREEDOM OF SP EECH AND
CONSCIENCE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 31-51q of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2019): 2
(a) As used in this section: 3
(1) "Political matters" means matters relating to elections for political 4
office, political parties, legislation, regulation and the decision to join 5
or support any political party or political, civic, community, fraternal 6
or labor organization; 7
(2) "Religious matters" means matters relating to religious affiliation 8
and practice and the decision to join or support any religious 9
organization or association; and 10
(3) "Rights guaranteed by the first amendment to the United States 11
Constitution or section 3, 4 or 14 of article first of the Constitution of 12
the state" includes, but is not limited to, the right of freedom of speech, 13
freedom of religion and freedom of association, and shall include the 14
right not to be required to listen to speech. 15
(b) [Any] Except as provided in subsections (c) and (d) of this 16 Substitute Bill No. 440
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section, any employer, including the state and any instrumentality or 17
political subdivision thereof, who subjects or threatens to subject any 18
employee to discipline or discharge on account of (1) the exercise by 19
such employee of rights guaranteed by the first amendment to the 20
United States Constitution or section 3, 4 or 14 of article first of the 21
Constitution of the state, provided such activity does not substantially 22
or materially interfere with the employee's bona fide job performance 23
or the working relationship between the employee and the employer, 24
or (2) such employee's refusal to (A) attend an employer-sponsored 25
meeting with the employer or its agent, representative or designee, the 26
primary purpose of which is to communicate the employer's opinion 27
concerning religious or political matters, or (B) listen to speech or view 28
communications, the primary purpose of which is to communicate the 29
employer's opinion concerning religious or political matters, shall be 30
liable to such employee for damages caused by such discipline or 31
discharge, including punitive damages, and for reasonable attorney's 32
fees as part of the costs of any [such] action for damages. If the court 33
determines that such action for damages was brought without 34
substantial justification, the court may award costs and reasonable 35
attorney's fees to the employer. 36
(c) Nothing in this section shall prohibit: (1) An employer or its 37
agent, representative or designee from communicating to its 38
employees any information that the employer is required by law to 39
communicate, but only to the extent of such legal requirement; (2) an 40
employer or its agent, representative or designee from communicating 41
to its employees any information that is necessary for such employees 42
to perform their job duties; (3) an institution of higher education, or 43
any agent, representative or designee of such institution, from meeting 44
with or participating in any communications with its employees that 45
are part of coursework, any symposia or an academic program at such 46
institution; (4) casual conversations between employees or between an 47
employee and an agent, representative or designee of an employer, 48
provided participation in such conversations is not required; or (5) a 49
requirement limited to the employer's managerial and supervisory 50 Substitute Bill No. 440
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employees. 51
(d) The provisions of this section shall not apply to a religious 52
corporation, entity, association, educational institution or society that 53
is exempt from the requirements of Title VII of the Civil Rights Act of 54
1964 pursuant to 42 USC 2000e-1(a) or is exempt from sections 4a-60a, 55
46a-81a and 46a-81o pursuant to section 46a-81p, with respect to 56
speech on religious matters to employees who perform work 57
connected with the activities undertaken by such religious corporation, 58
entity, association, educational institution or society. 59
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 31-51q
Statement of Legislative Commissioners:
In Section 1(a)(3), "except as set forth in subsections (c) and (d) of this
section" was removed and reinserted into Section 1(b) for consistency
with standard drafting conventions; and in Section 1(d) "under 42 USC
2000e-1(a) or sections 4a-60a, 46a-81a and 46a-81o under section 46a-
81p" was changed to "pursuant to 42 USC 2000e-(1)(a) or is exempt
from sections 4a-60a, 46a-81a and 46a-81o pursuant to section 46a-81p"
for clarity and consistency.
JUD Joint Favorable Subst.