Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1078 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 151 FILED ON: 1/8/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1078
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Lydia Edwards
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 :Lydia EdwardsThird Suffolk 1 of 3
16	16	SENATE DOCKET, NO. 151 FILED ON: 1/8/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1078
18	18	By Ms. Edwards, a petition (accompanied by bill, Senate, No. 1078) of Lydia Edwards for
19	19	legislation to protect employee free speech. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 958 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act protecting employee free speech.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 Section 1 of Chapter 149 of the Massachusetts General Laws, as appearing in the 2022
31	31	2official edition, is hereby amended by adding the following definitions: -
32	32	3 "Political matters" means matters relating to elections for political office, political parties,
33	33	4proposals to change legislation, proposals to change regulation and the decision to join or
34	34	5support any political party or political, civic, community, fraternal or labor organization; and
35	35	6 "Religious matters" means matters relating to religious affiliation and practice and the
36	36	7decision to join or support any religious organization or association.
37	37	8 Section 2 Chapter 149 of the Massachusetts General Laws, as appearing in the 2022
38	38	9official edition, is hereby amended by adding the following section: 2 of 3
39	39	10 Section 20F. Except as provided in subsections (c) and (d) of this section, any employer,
40	40	11including the state and any instrumentality or political subdivision thereof, who subjects or
41	41	12threatens to subject any employee to discipline or discharge on account of (1) the exercise by
42	42	13such employee of rights guaranteed by the first amendment to the United States Constitution,
43	43	14provided such activity does not substantially or materially interfere with the employee's bona
44	44	15fide job performance or the working relationship between the employee and the employer, or (2)
45	45	16such employee's refusal to (a) attend an employer-sponsored meeting with the employer or its
46	46	17agent, representative or designee, the primary purpose of which is to communicate the
47	47	18employer's opinion concerning religious or political matters, or (b) listen to speech or view
48	48	19communications, including electronic communications, the primary purpose of which is to
49	49	20communicate the employer's opinion concerning religious or political matters, shall be liable to
50	50	21such employee for damages caused by such discipline or discharge, including punitive damages,
51	51	22and for reasonable attorney's fees as part of the costs of any such action for damages, and the full
52	52	23amount of gross loss of wages or compensation, with costs and such reasonable attorney's fees as
53	53	24may be allowed by the court.
54	54	25 (c) Nothing in this section shall prohibit: (1) An employer or its agent, representative or
55	55	26designee from communicating to its employees any information that the employer is required by
56	56	27law to communicate, but only to the extent of such legal requirement; (2) an employer or its
57	57	28agent, representative or designee from communicating to its employees any information that is
58	58	29necessary for such employees to perform their job duties; (3) an institution of higher education,
59	59	30or any agent, representative or designee of such institution, from meeting with or participating in
60	60	31any communications with its employees that are part of coursework, any symposia or an
61	61	32academic program at such institution; (4) casual conversations between employees or between an 3 of 3
62	62	33employee and an agent, representative or designee of an employer, provided participation in such
63	63	34conversations is not required; or (5) a requirement limited to the employer's managerial and
64	64	35supervisory employees.
65	65	36 (d) The provisions of this section shall not apply to a religious corporation, entity,
66	66	37association, educational institution or society that is exempt from the requirements of Title VII of
67	67	38the Civil Rights Act of 1964 pursuant to 42 USC 2000e-1(a) or is exempt from sections 4a-60a,
68	68	3946a- 81a and 46a-81o pursuant to section 46a-81p, with respect to speech on religious matters to
69	69	40employees who perform work connected with the activities undertaken by such religious
70	70	41corporation, entity, association, educational institution or society.