PRINTER'S NO. 3577
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2540
Session of
2024
INTRODUCED BY KHAN, D. MILLER, DAWKINS, SIEGEL, GREEN, POWELL,
FRANKEL, MATZIE, HADDOCK, FIEDLER, HANBIDGE, HILL-EVANS,
GIRAL, WAXMAN, KENYATTA, VENKAT, PIELLI, SANCHEZ, T. DAVIS,
SCHLOSSBERG, PARKER, CERRATO, KRAJEWSKI, CEPEDA-FREYTIZ,
OTTEN, D. WILLIAMS, CIRESI, DALEY, ROZZI, KAZEEM, RABB AND
DELLOSO, AUGUST 21, 2024
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, AUGUST 21, 2024
AN ACT
Prohibiting the penalization of employees for nonparticipation
in religious or political matters; providing for notice
requirements; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Scope of act.
This act relates to employee participation in meetings
relating to political matters or religious matters at their
place of employment.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employee." An individual employed by an employer.
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"Employer." Any person, corporation, partnership, limited
liability company, limited liability partnership, business
trust, affiliate, unincorporated joint venture or other business
entity, including an agent, representative or designee, that
employs an employee.
"Interested party." An organization that monitors or is
attentive to compliance with State laws relating to public or
worker safety, wage and hour requirements or other labor issues.
"Political matter." A matter regarding an election for
political office, a political party, a proposal to amend State
law, a proposal to amend a regulation or a decision to join or
support a political party or a political, civic, community,
fraternal or labor organization.
"Religious matter." A matter regarding a religious belief,
affiliation or practice or a decision to join or support a
religious organization or association.
"Voluntary." Any of the following:
(1) Not incentivized by a positive change in an
employment condition, including a form of compensation or any
other benefit of employment.
(2) Not taken under threat of a negative change in an
employment condition for nonattendance, including a negative
performance evaluation, an adverse change in a form of
compensation or an adverse change in any other benefit of
employment.
Section 3. Prohibition on penalizing employees for
nonparticipation in religious or political matters.
An employer or an agent, representative or designee of the
employer may not discharge, discipline or penalize, threaten to
discharge, discipline or penalize, or take any adverse
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employment action against an employee:
(1) because the employee declines to attend or
participate in an employer-sponsored meeting or declines to
receive or listen to a communication from the employer or an
agent, representative or designee of the employer if the
purpose of the meeting or communication is to transmit the
opinion of the employer about a religious matter or political
matter;
(2) as a means of inducing the employee to attend or
participate in a meeting or receive or listen to
communications specified under paragraph (1); or
(3) because the employee, including a person acting on
behalf of the employee, makes a good faith report, orally or
in writing, of a violation or suspected violation of this
section.
Section 4. Civil penalties.
(a) Authorization.--An employee aggrieved by a violation of
section 3 may bring an action against an employer in a court of
competent jurisdiction to enforce compliance with section 3 no
later than one year after the date of the alleged violation. An
employee may bring an action under this section on behalf of the
employee or multiple other employees similarly situated as the
employee.
(b) Damages.--A court may award an employee prevailing in an
action under subsection (a) appropriate relief, including
injunctive relief, reinstatement of a former employment position
or an equivalent position, back pay, reestablishment of employee
benefits, including seniority, to which the employee would
otherwise have been eligible if the violation had not occurred
or any other appropriate relief as deemed necessary by the court
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to make the employee whole. A court shall award an employee
prevailing in an action under this section reasonable attorney
fees and costs. Remedies provided for in this act are not
exclusive and shall be in addition to any other remedies
provided for in law.
Section 5. Administrative penalties.
The department shall investigate an alleged violation of
section 3 in a complaint received from an employee or interested
party. The department shall develop a complaint form for the
purposes of this section and post the form on the department's
publicly accessible Internet website.
Section 6. Notice requirements.
Within 30 days after the effective date of this section, an
employer shall post and maintain a notice of the rights of
employees under this act where notices for employees are
customarily posted by the employer.
Section 7. Construction.
Nothing in this act shall be construed to:
(1) prohibit a communication of information that the
employer is required by Federal or State law to communicate;
(2) limit the right of an employer or an agent,
representative or designee of an employer to conduct meetings
involving a religious matter or political matter if
attendance is voluntary or to engage in a communication if
the receipt or listening of the communication is voluntary;
(3) limit the right of an employer or an agent,
representative or designee of an employer to communicate
information to an employee that is necessary for the employee
to perform the employee's required job duties;
(4) prohibit a requirement limited to the employer's
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managerial and supervisory employees;
(5) prohibit an institution of higher education or an
agent, representative or designee of an institution from
conducting a meeting or participating in a communication with
an employee of the institution of higher education concerning
any coursework, symposia, research, publication or academic
program at the institution of higher education; or
(6) prohibit a Commonwealth or municipal agency, the
General Assembly, a governing body of a municipality, a
county executive or any other State or local governing entity
from requiring an employee of the Commonwealth or municipal
agency, General Assembly, governing body of a municipality,
county executive or other State or local governing entity to
attend an employer-sponsored meeting or participate in a
communication with the employer for the purpose of
communicating the employer's proposals to change public
policy.
Section 8. Effective date.
This act shall take effect in 90 days.
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