Montana 2023 Regular Session

Montana Senate Bill SB270

Introduced
2/3/23  
Refer
2/3/23  
Engrossed
2/18/23  
Refer
3/14/23  
Enrolled
4/13/23  

Caption

Prohibit employee termination for legal social media posts

Impact

The passage of SB 270 would significantly amend existing labor laws in the state by incorporating protections for employees’ online speech. By explicitly stating that termination due to lawful social media expression is discrimination, the bill would empower employees to express their views without the apprehension of employer retaliation. This change could reshape workplace culture to promote more honest and transparent communication, potentially benefitting companies by fostering an environment of trust and employee engagement.

Summary

Senate Bill 270 seeks to enhance the rights of employees and job applicants regarding their freedom of speech on social media platforms. It establishes that terminating or discriminating against an employee based on their legal expressions of free speech, including social media posts, qualifies as wrongful discharge. This amendment aims to provide legal protection against retaliation by employers for legitimate social media interactions and encourages a more open dialogue between employees and the public without fear of repercussion from their employers.

Sentiment

The sentiment surrounding SB 270 varies considerably. Proponents argue that the bill is a crucial step towards safeguarding individual rights and promoting free speech in the workplace. Supporters contend that employees should have the freedom to express their opinions and experiences, particularly in the age of digital communication. Conversely, critics suggest that the bill could lead to challenges in enforcing workplace discipline, as it may protect even inappropriate or harmful speech, complicating permissible employee conduct standards.

Contention

Notable points of contention include the potential for the bill to conflict with established workplace policies, especially those designed to uphold professionalism and company reputation. There are concerns that the definitions of 'legal expression' could invite misuse, where employees might leverage this law to challenge disciplinary actions for unprofessional conduct. This concern points to a critical balance that the bill must strike: protecting free speech while maintaining necessary workplace standards to ensure that company policies remain effective without infringing on individual rights.

Companion Bills

No companion bills found.

Previously Filed As

MT HB1777

Relating to prohibiting an employer from accessing the personal online accounts of employees and job applicants through electronic communication devices; establishing an unlawful employment practice.

MT SB638

Employment: personal social media of applicant or employee.

MT SF4696

Prohibiting Social Media Manipulation Act

MT HB1260

Prohibition Against Employee Discipline

MT SB00317

An Act Concerning Employee Privacy.

MT HB05150

An Act Prohibiting Employers From Requiring Disclosure Of Workers' Compensation Claims Filed By Applicants For Employment Or Prospective Employees.

MT SB00426

An Act Concerning Employee Online Privacy.

MT HB1624

Consumer Data Protection Act; social media platforms; addictive feed prohibited for minors.

MT HB05690

An Act Prohibiting Employers From Requesting Access To Their Employees' Personal Social Media Accounts.

MT HB06113

An Act Prohibiting Employers From Inquiring About Date Of Birth Or Date Of Graduation On Employment Applications.

Similar Bills

No similar bills found.