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HF 2442

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/20/2023 03:56pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to employment; prohibiting an employer from forcing employees to attend
political or religious meetings or otherwise listen to speech about politics and
religion; proposing coding for new law in Minnesota Statutes, chapter 181.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [181.531] EMPLOYER-SPONSORED MEETINGS OR
COMMUNICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition. new text end

new text begin An employer or the employer's agent, representative, or
designee must not discharge, discipline, or otherwise penalize or threaten to discharge,
discipline, or otherwise penalize or take any adverse employment action against an employee:
new text end

new text begin (1) because the employee declines to attend or participate in an employer-sponsored
meeting or declines to receive or listen to communications from the employer or the agent,
representative, or designee of the employer if the meeting or communication is to
communicate the opinion of the employer about religious or political matters;
new text end

new text begin (2) as a means of inducing an employee to attend or participate in meetings or receive
or listen to communications described in clause (1); or
new text end

new text begin (3) because the employee, or a person acting on behalf of the employee, makes a
good-faith report, orally or in writing, of a violation or a suspected violation of this section.
new text end

new text begin Subd. 2. new text end

new text begin Remedies. new text end

new text begin An aggrieved employee may bring a civil action to enforce this
section no later than 90 days after the date of the alleged violation in the district court where
the violation is alleged to have occurred or where the principal office of the employer is
located. The court may award a prevailing employee all appropriate relief, including
injunctive relief, reinstatement to the employee's former position or an equivalent position,
back pay and reestablishment of any employee benefits, including seniority, to which the
employee would otherwise have been eligible if the violation had not occurred and any
other appropriate relief as deemed necessary by the court to make the employee whole. The
court shall award a prevailing employee reasonable attorney fees and costs.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin Within 30 days of the effective date of this section, an employer subject
to this section shall post and keep posted, a notice of employee rights under this section
where employee notices are customarily placed.
new text end

new text begin Subd. 4. new text end

new text begin Scope. new text end

new text begin This section does not:
new text end

new text begin (1) prohibit communications of information that the employer is required by law to
communicate, but only to the extent of the lawful requirement;
new text end

new text begin (2) limit the rights of an employer or its agent, representative, or designee to conduct
meetings involving religious or political matters so long as attendance is wholly voluntary
or to engage in communications so long as receipt or listening is wholly voluntary; or
new text end

new text begin (3) limit the rights of an employer or its agent, representative, or designee from
communicating to its employees any information that is necessary for the employees to
perform their lawfully required job duties.
new text end

new text begin Subd. 5. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section:
new text end

new text begin (1) "political matters" means matters relating to elections for political office, political
parties, proposals to change legislation, proposals to change regulations, proposals to change
public policy, and the decision to join or support any political party or political, civic,
community, fraternal, or labor organization; and
new text end

new text begin (2) "religious matters" means matters relating to religious belief, affiliation, and practice
and the decision to join or support any religious organization or association.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end