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HOUSE BILL 84
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Eleanor Chávez
AN ACT
RELATING TO EMPLOYMENT; ENACTING THE EMPLOYEE FREE SPEECH ACT;
PROTECTING EMPLOYEE FREE SPEECH FROM CAPTIVE AUDIENCE SPEECHES;
PROVIDING REMEDIES FOR VIOLATIONS OF EMPLOYEE FREE SPEECH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Employee Free Speech Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
Employee Free Speech Act:
A. "employee" means an individual employed by an
employer for remuneration, including an individual employed on
a part-time, seasonal or temporary basis;
B. "employer" means any individual, partnership,
association, corporation, business trust, legal representative
or organized group of persons employing one or more employees
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in the state at one time, including the state or any political
subdivision of the state, or a person acting in the interest of
an employer in relation to an employee;
C. "political matters" means matters relating to
elections for political office, political parties, attempts to
influence legislation, rule or regulation change proposals and
the decision to join or support a political party or a
political organization, civic organization, community
organization, fraternal organization or labor organization; and
D. "retaliatory action" means taking any
discriminatory or adverse employment action against an employee
in the terms and conditions of employment, including discharge
of employment, discipline, suspension, demotion, withholding
promotion, punitive scheduling or a reduction of hours.
SECTION 3. [NEW MATERIAL] RETALIATORY ACTION
PROHIBITED.--
A. Except as provided in Subsection D of this
section, an employer shall not take or threaten to take any
retaliatory action against an employee because of the
employee's refusal to:
(1) attend an employer-sponsored meeting with
the employer, or the employer's agent, representative or
designee, to communicate political matters; or
(2) listen to speech or view communications,
including electronic communications, that communicate political
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matters.
B. An employer that violates the provisions of the
Employee Free Speech Act shall be liable to the employee for
actual damages, reinstatement with the same seniority status
that the employee would have but for the violation, the total
sum of gross wages or compensation lost as a result of the
retaliatory action and punitive damages.
C. An employee bringing an action against an
employer pursuant to Subsection A or B of this section shall,
if the employee prevails, also be awarded reasonable attorney
fees and costs. An employee may bring an action in any court
of competent jurisdiction.
D. Nothing in the Employee Free Speech Act shall
prohibit:
(1) an employer, or the employer's agent,
representative or designee, from communicating to the
employer's employees any information that the employer is
required by law to communicate;
(2) an employer, or the employer's agent,
representative or designee, from communicating to the
employer's employees any information that is necessary for such
employees to perform their job duties;
(3) a public or private post-secondary
educational institution, or an agent, representative or
designee of a public or private post-secondary educational
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institution, from meeting with or participating in any
communications with the post-secondary educational
institution's employees that are part of coursework, symposia
or an academic program at a public or private post-secondary
educational institution;
(4) a religious corporation, entity,
association, educational institution or society from
communicating on religious matters to employees who perform
work connected with the activities undertaken by the religious
corporation, entity, association, educational institution or
society;
(5) a casual conversation between employees or
between an employee and an employer's agent, representative or
designee; provided that participation in the casual
conversation is not required; or
(6) a requirement limited to the employer's
managerial and supervisory employees.
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