HB 64 — An Act prohibiting the penalization of employees for nonparticipation in religious or political matters; providing for notice requirements; establishing the Captive Audience Meeting Enforcement Fund; and imposing penalties.

PRINTER'S NO.   53

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        HOUSE BILL
                        No. 64
                                              Session of
                                                2025

     INTRODUCED BY KHAN, D. MILLER, DAWKINS, SIEGEL, GREEN, POWELL,
        FRANKEL, MATZIE, HADDOCK, RABB, VENKAT, BENHAM, SANCHEZ,
        PIELLI, HILL-EVANS, CIRESI, DONAHUE, SCHLOSSBERG, FIEDLER,
        FREEMAN AND OTTEN, JANUARY 14, 2025

     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JANUARY 14, 2025


                                   AN ACT
 1   Prohibiting the penalization of employees for nonparticipation
 2      in religious or political matters; providing for notice
 3      requirements; and imposing penalties.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.   Short title.
 7      This act shall be known and may be cited as the Employee
 8   Protection from Captive Audience Meeting Act.
 9   Section 2.   Scope of act.
10      This act relates to employee participation in meetings
11   relating to political matters or religious matters at their
12   place of employment.
13   Section 3.   Definitions.
14      The following words and phrases when used in this act shall
15   have the meanings given to them in this section unless the
16   context clearly indicates otherwise:
17      "Department."   The Department of Labor and Industry of the
 1   Commonwealth.
 2      "Employee."    An individual employed by an employer.
 3      "Employer."    A person or entity, including an agent,
 4   representative or designee, that employs an employee.
 5      "Interested party."    An organization that monitors or is
 6   attentive to compliance with State laws relating to public or
 7   worker safety, wage and hour requirements or other labor issues.
 8      "Political matter."    A matter regarding an election for
 9   political office, a political party, a proposal to amend State
10   law, a proposal to amend a regulation or a decision to join or
11   support a political party or a political, civic, community,
12   fraternal or labor organization.
13      "Religious matter."    A matter regarding a religious belief,
14   affiliation or practice or a decision to join or support a
15   religious organization or association.
16      "Voluntary."    Any of the following:
17          (1)   Not incentivized by a positive change in an
18      employment condition, including a form of compensation or any
19      other benefit of employment.
20          (2)   Not taken under threat of a negative change in an
21      employment condition for nonattendance, including a negative
22      performance evaluation, an adverse change in a form of
23      compensation or an adverse change in any other benefit of
24      employment.
25   Section 4.   Prohibition on penalizing employees for
26                nonparticipation in religious or political matters.
27      An employer or an agent, representative or designee of an
28   employer may not discharge, discipline or penalize, threaten to
29   discharge, discipline or penalize, or take adverse employment
30   action against an employee:

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 1            (1)   because the employee declines to attend or
 2      participate in an employer-sponsored meeting or declines to
 3      receive or listen to a communication from the employer or an
 4      agent, representative or designee of the employer if the
 5      purpose of the meeting or communication is to transmit the
 6      opinion of the employer about a religious matter or political
 7      matter;
 8            (2)   as a means of inducing the employee to attend or
 9      participate in a meeting or receive or listen to
10      communications specified under paragraph (1); or
11            (3)   because the employee, including a person acting on
12      behalf of the employee, makes a good faith report, orally or
13      in writing, of a violation or suspected violation of this
14      section.
15   Section 5.     Civil penalties.
16      (a)   Right of action.--An employee aggrieved by a violation
17   of section 4 may bring an action against an employer in a court
18   of competent jurisdiction to enforce compliance with section 4.
19   The action must be brought no later than one year after the date
20   of the alleged violation. An employee may bring an action under
21   this section on behalf of the employee or multiple other
22   employees similarly situated as the employee.
23      (b)   Damages.--A court may award an employee prevailing in an
24   action under subsection (a) appropriate relief, including
25   injunctive relief, reinstatement of a former employment position
26   or an equivalent position, back pay, reestablishment of employee
27   benefits, including seniority, to which the employee would
28   otherwise have been eligible if the violation had not occurred
29   or any other appropriate relief as deemed necessary by the court
30   to make the employee whole. A court shall award an employee

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 1   prevailing in an action under this section reasonable attorney
 2   fees and costs. Remedies provided for in this act are not
 3   exclusive and shall be in addition to any other remedies
 4   provided for in law.
 5   Section 6.   Administrative penalties.
 6      The department shall investigate an alleged violation of
 7   section 4 in a complaint received from an employee or interested
 8   party. The department shall develop a complaint form for the
 9   purposes of this section and post the form on the department's
10   publicly accessible Internet website.
11   Section 7.   Notice requirements.
12      Within 30 days after the effective date of this section, an
13   employer shall post and maintain a notice of the rights of
14   employees under this act where notices for employees are
15   customarily posted by the employer.
16   Section 8.   Construction.
17      Nothing in this act shall be construed to:
18          (1)   prohibit a communication of information that the
19      employer is required by Federal or State law to communicate;
20          (2)   limit the right of an employer or an agent,
21      representative or designee of an employer to conduct meetings
22      involving a religious matter or political matter if
23      attendance is voluntary or to engage in a communication if
24      the receipt or listening of the communication is voluntary;
25          (3)   limit the right of an employer or an agent,
26      representative or designee of an employer to communicate
27      information to an employee that is necessary for the employee
28      to perform the employee's required job duties;
29          (4)   prohibit a requirement limited to the employer's
30      managerial and supervisory employees;

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 1          (5)   prohibit an institution of higher education or an
 2      agent, representative or designee of an institution of higher
 3      education from conducting a meeting or participating in a
 4      communication with an employee of the institution of higher
 5      education concerning any coursework, symposia, research,
 6      publication or academic program at the institution of higher
 7      education; or
 8          (6)   prohibit a Commonwealth or municipal agency, the
 9      General Assembly, a governing body of a municipality, a
10      county executive or any other State or local governing entity
11      from requiring an employee of the Commonwealth or municipal
12      agency, General Assembly, governing body of a municipality,
13      county executive or other State or local governing entity to
14      attend an employer-sponsored meeting or participate in a
15      communication with the employer for the purpose of
16      communicating the employer's proposals to change public
17      policy.
18   Section 9.   Effective date.
19      This act shall take effect in 90 days.




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