APPROVED CHAPTER
JULY 11, 2023 414
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
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S.P. 702 - L.D. 1756
An Act to Protect Employee Freedom of Speech
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §600-B is enacted to read:
§600-B. Adverse action against employee concerning certain religious or political
matters prohibited
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Political matters" means matters relating to elections for political office, political
parties, proposals to change legislation, proposals to change rules or regulations,
proposals to change public policy and the decision to join or support any political party
or political, civic, community, fraternal or labor organization.
B. "Religious employer" means a church or convention or association of churches or
an organization that is operated primarily for religious purposes and that is operated,
supervised, controlled or principally supported by a church or convention or
association of churches.
C. "Religious matters" means matters relating to religious belief, affiliation and
practice and the decision to join or support any religious organization or association.
2. Adverse action prohibited. An employer or the employer's agent, representative
or designee may not discharge, discipline or otherwise penalize or threaten to discharge,
discipline or otherwise penalize or take any adverse employment action against an
employee because:
A. The employee declines to attend or participate in an employer-sponsored meeting,
or any portion of such a meeting, that communicates the opinion of the employer about
religious or political matters;
B. The employee declines to receive or listen to a communication from the employer
or the agent, representative or designee of the employer, or any portion of such a
communication, that communicates the opinion of the employer about religious or
political matters; or
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C. 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.
3. Enforcement. 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 Superior Court for
the county 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 considered necessary by the court.
4. Notice. Within 30 days after 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.
5. Communications and rights not affected. This section does not:
A. Prohibit communications of information that the employer is required by law to
communicate, but only to the extent of the lawful requirement;
B. Limit the rights of an employer or its agent, representative or designee to conduct
meetings involving religious matters or political matters as long as attendance is wholly
voluntary or to engage in communications as long as receipt or listening is wholly
voluntary; or
C. Limit the rights of an employer or its agent, representative or designee from
communicating to its employees any information that is necessary for such employees
to perform their lawfully required job duties.
6. Exemption. This section does not apply to a religious employer.
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