AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYER-SPONSORED MEETINGS OR COMMUNICATIONS.
What changed between versions
The bill changed from a narrow two-line amendment (HA 1) to a full substitute (HS 1) presenting the entire statutory text of Section 711B and related enforcement provisions.
The full text of Section 711B is now presented, establishing that it is an unlawful employment practice for an employer to discharge or take adverse action against an employee who declines to attend or participate in employer-sponsored meetings or communications about the employer's political or religious views.
The HA 1 had deleted the requirement that a tax-exempt organization be defined under IRC Section 501(c)(3) to qualify for the exception. The HS 1 restores this requirement, narrowing which organizations can communicate about policy issues to employees.
Multiple exceptions added in subsection (c): legally required communications, job-necessary information, higher education coursework/symposia, public entity policy communications, and tax-exempt organization non-partisan policy communications.
Multiple exclusions added in subsection (d): religious employers speaking on religious matters to relevant employees, political organizations communicating their tenets, educational institution coursework, nonprofit training programs, and compliance training for civil rights or occupational safety laws.
The HA 1 had deleted the requirement that tax-exempt organization communications be done in a non-partisan manner. The HS 1 restores this condition, meaning such organizations must communicate in a non-partisan way to use the exception.
New definitions added for 'political matters' (relating to parties, legislation, regulation, public policy, campaigns, or joining/supporting political, civic, community, fraternal, or labor organizations) and 'religious matters' (relating to religious belief, affiliation, practice, membership, or support of religious groups).
Section 712 adds enforcement provisions empowering the Department of Labor to investigate employment practices, issue subpoenas, make rules and regulations, and commence civil actions in Superior Court for violations.
The Department of Labor must update its required employer notices within 90 days of the effective date to include excerpts or summaries of the new provisions.