Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1543 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3500 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1543
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James K. Hawkins
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act protecting employee free speech.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:James K. Hawkins2nd Bristol1/20/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/8/2023 1 of 3
16	16	HOUSE DOCKET, NO. 3500 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1543
18	18	By Representative Hawkins of Attleboro, a petition (accompanied by bill, House, No. 1543) of
19	19	James K. Hawkins and Patrick M. O'Connor relative to protecting free speech of employees.
20	20	The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act protecting employee free speech.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1: Section 1 of Chapter 149 of the Massachusetts General Laws, as appearing
30	30	2in the 2020 official edition, is hereby amended by adding the following definitions:
31	31	3 "Political matters" means matters relating to elections for political office, political
32	32	4parties, proposals to change legislation, proposals to change regulation and the decision to join or
33	33	5support any political party or political, civic, community, fraternal or labor organization; and
34	34	6 "Religious matters" means matters relating to religious affiliation and practice and the
35	35	7decision to join or support any religious organization or association.
36	36	8 Section 2 Chapter 149 of the Massachusetts General Laws, as appearing in the 2020
37	37	9official edition, is hereby amended by adding the following section:
38	38	10 Section 20F. Except as provided in subsections (c) and (d) of this section, any employer,
39	39	11including the state and any instrumentality or political subdivision thereof, who subjects or 2 of 3
40	40	12threatens to subject any employee to discipline or discharge on account of (1) the exercise by
41	41	13such employee of rights guaranteed by the first amendment to the United States Constitution,
42	42	14provided such activity does not substantially or materially interfere with the employee's bona
43	43	15fide job performance or the working relationship between the employee and the employer, or (2)
44	44	16such employee's refusal to (a) attend an employer-sponsored meeting with the employer or its
45	45	17agent, representative or designee, the primary purpose of which is to communicate the
46	46	18employer's opinion concerning religious or political matters, or (b) listen to speech or view
47	47	19communications, including electronic communications, the primary purpose of which is to
48	48	20communicate the employer's opinion concerning religious or political matters, shall be liable to
49	49	21such employee for damages caused by such discipline or discharge, including punitive damages,
50	50	22and for reasonable attorney's fees as part of the costs of any such action for damages, and the full
51	51	23amount of gross loss of wages or compensation, with costs and such reasonable attorney's fees as
52	52	24may be allowed by the court.
53	53	25
54	54	26 (c) Nothing in this section shall prohibit: (1) An employer or its agent, representative or
55	55	27designee from communicating to its employees any information that the employer is required by
56	56	28law to communicate, but only to the extent of such legal requirement; (2) an employer or its
57	57	29agent, representative or designee from communicating to its employees any information that is
58	58	30necessary for such employees to perform their job duties; (3) an institution of higher education,
59	59	31or any agent, representative or designee of such institution, from meeting with or participating in
60	60	32any communications with its employees that are part of coursework, any symposia or an
61	61	33academic program at such institution; (4) casual conversations between employees or between an
62	62	34employee and an agent, representative or designee of an employer, provided participation in such 3 of 3
63	63	35conversations is not required; or (5) a requirement limited to the employer's managerial and
64	64	36supervisory employees.
65	65	37
66	66	38 (d) The provisions of this section shall not apply to a religious corporation, entity,
67	67	39association, educational institution or society that is exempt from the requirements of Title VII of
68	68	40the Civil Rights Act of 1964 pursuant to 42 USC 2000e-1(a) or is exempt from sections 4a-60a,
69	69	4146a- 81a and 46a-81o pursuant to section 46a-81p, with respect to speech on religious matters to
70	70	42employees who perform work connected with the activities undertaken by such religious
71	71	43corporation, entity, association, educational institution or society.