Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1653 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. 2275 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1653
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marjorie C. Decker
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:Marjorie C. Decker25th Middlesex1/15/2025 1 of 3
16	16	HOUSE DOCKET, NO. 2275 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1653
18	18	By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1653) of
19	19	Marjorie C. Decker relative to protecting employee free speech. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act protecting employee free speech.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1: Section 1 of Chapter 149 of the Massachusetts General Laws, as appearing
29	29	2in the 2022 Official Edition, is hereby amended by adding the following definitions:
30	30	3 "Political matters" means matters relating to elections for political office, political
31	31	4parties, proposals to change legislation, proposals to change regulation and the decision to join or
32	32	5support any political party or political, civic, community, fraternal or labor organization; and
33	33	6 "Religious matters" means matters relating to religious affiliation and practice and the
34	34	7decision to join or support any religious organization or association.
35	35	8 SECTION 2. Chapter 149 of the Massachusetts General Laws, as appearing in the 2022
36	36	9Official Edition, is hereby amended by adding the following section:-
37	37	10 Section 20F. Except as provided in subsections (c) and (d) of this section, any employer,
38	38	11including the state and any instrumentality or political subdivision thereof, who subjects or
39	39	12threatens to subject any employee to discipline or discharge on account of (1) the exercise by 2 of 3
40	40	13such employee of rights guaranteed by the first amendment to the United States Constitution,
41	41	14provided such activity does not substantially or materially interfere with the employee's bona
42	42	15fide job performance or the working relationship between the employee and the employer, or (2)
43	43	16such employee's refusal to (a) attend an employer-sponsored meeting with the employer or its
44	44	17agent, representative or designee, the primary purpose of which is to communicate the
45	45	18employer's opinion concerning religious or political matters, or (b) listen to speech or view
46	46	19communications, including electronic communications, the primary purpose of which is to
47	47	20communicate the employer's opinion concerning religious or political matters, shall be liable to
48	48	21such employee for damages caused by such discipline or discharge, including punitive damages,
49	49	22and for reasonable attorney's fees as part of the costs of any such action for damages, and the full
50	50	23amount of gross loss of wages or compensation, with costs and such reasonable attorney's fees as
51	51	24may be allowed by the court.
52	52	25 (c) Nothing in this section shall prohibit: (1) An employer or its agent, representative or
53	53	26designee from communicating to its employees any information that the employer is required by
54	54	27law to communicate, but only to the extent of such legal requirement; (2) an employer or its
55	55	28agent, representative or designee from communicating to its employees any information that is
56	56	29necessary for such employees to perform their job duties; (3) an institution of higher education,
57	57	30or any agent, representative or designee of such institution, from meeting with or participating in
58	58	31any communications with its employees that are part of coursework, any symposia or an
59	59	32academic program at such institution; (4) casual conversations between employees or between an
60	60	33employee and an agent, representative or designee of an employer, provided participation in such
61	61	34conversations is not required; or (5) a requirement limited to the employer's managerial and
62	62	35supervisory employees. 3 of 3
63	63	36 (d) The provisions of this section shall not apply to a religious corporation, entity,
64	64	37association, educational institution or society that is exempt from the requirements of Title VII of
65	65	38the Civil Rights Act of 1964 pursuant to 42 USC 2000e-1(a) or is exempt from sections 4a-60a,
66	66	3946a- 81a and 46a-81o pursuant to section 46a-81p, with respect to speech on religious matters to
67	67	40employees who perform work connected with the activities undertaken by such religious
68	68	41corporation, entity, association, educational institution or society.