Bill Text: MO HB1416 | 2010 | Regular Session | Introduced
Bill Title: Establishes the Missouri Worker Freedom Act which prohibits employers from requiring employees to participate in meetings or communications regarding the employer's opinions on religious or political matters
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-14 - Refer: Spec Stand Com on Workforce Dev & Workplace Safety(H) [HB1416 Detail]
Download: Missouri-2010-HB1416-Introduced.html
SECOND REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES FALLERT (Sponsor), SCHIEFFER, STILL, OXFORD, WALTON GRAY, MEADOWS AND ROORDA (Co-sponsors).
3463L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 285, RSMo, by adding thereto one new section relating to the Missouri worker freedom act.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 285, RSMo, is amended by adding thereto one new section, to be known as section 285.320, to read as follows:
285.320. 1. This section shall be known and may be cited as the "Missouri Worker Freedom Act".
2. As used in this section, the following words shall mean:
(1) "Adverse employment action", discharge, discipline, or any adverse change in the status or the terms and conditions of the employee's employment;
(2) "Employee", any person employed by or engaged in service to an employer in a business of the employer;
(3) "Employer", any person acting directly or indirectly in the interest of an employer in relation to an employee;
(4) "Political matters", matters directly related to candidates, elected officials, ballot propositions, legislation, election campaigns, political parties, and political, social, community, and labor organizations;
(5) "Religious matters", all aspects of religious observances and practices, as well as beliefs.
3. (1) No employer shall require an employee to attend a meeting or listen to or respond to or participate in any other communication when a purpose of the requirement is to ensure that the employee receives communications relating to political matters or religious matters or to influence the employee's beliefs, opinions, or actions about political matters or religious matters.
(2) No employer shall take or threaten to take an adverse employment action against an employee because the employee:
(a) Refuses to attend a meeting or listen or otherwise respond to or participate in any other communication that the employee reasonably believes violates or would violate this section;
(b) Challenges or opposes any practice that the employee reasonably believes violates or would violate this section; or
(c) Makes a claim, files a suit, testifies, assists, or participates in any manner in any investigation, proceeding, or hearing involving any practice that the employee reasonably believes violates or would violate this section.
(3) This section shall not:
(a) Apply to any requirement related to meetings or any other communications about religious matters by an employer which is a religious organization, corporation, association, educational institution, or society;
(2) Prohibit any employer from requiring an employee to attend meetings, listen to or otherwise respond to, or participate in any other communications if the meetings or communications are reasonably necessary to the performance of actions by the employee that may lawfully be required by the employer and are related to the normal operation of the employer's business or enterprise.
4. (1) Any employee aggrieved by a violation of subsection 3 of this section may bring a civil action in the circuit court of the county where the violation is alleged to have occurred or where the employer has its principal office. The court may award a prevailing employee injunctive relief, rehiring, or reinstatement of the employee to the employee's former position or equivalent position; back pay and restoration of any other terms and conditions of employment to which the employee would otherwise have been eligible if the violation had not occurred; damages for any reasonably foreseeable losses sustained by the employee as a result of such violation; and any other appropriate relief as deemed necessary by the court to make the employee whole and restrain violation of subsection 3 of this section. The court shall award a prevailing employee an additional one hundred percent of back pay as liquidated damages to compensate for harms caused by the delay in payment, together with reasonable attorneys' fees and costs.
(2) Nothing in this section shall be construed to limit an employee's right to bring any other cause of action permitted by law against an employer related to an adverse employment action or to diminish or impair the rights of a person under any collective bargaining agreement.
5. Employers shall post a notice of employee rights under this section in a conspicuous place accessible to the employee at the employer's place of business.
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