75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 148

                           A-Engrossed

                         House Bill 3653
                Ordered by the House February 10
          Including House Amendments dated February 10

Sponsored by COMMITTEE ON BUSINESS AND LABOR

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Modifies certain definitions and exceptions applicable to
prohibition against employer taking adverse employment action
against employee who declines to attend meeting or participate in
communication concerning employer's opinion about religious or
political matters. Modifies damages available to employee
prevailing in civil action.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to mandatory workplace communications to employee about
  employer's opinions; amending ORS 659.780 and 659.785; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 659.780 is amended to read:
  659.780. As used in this section and ORS 659.785:
  (1) 'Constituent group' includes, but is not limited to, civic
associations, community groups, social clubs and mutual benefit
alliances, including labor organizations.
  (2) 'Employee' means an individual engaged in service to an
employer in a business of the employer.
  (3) 'Employer' includes:
  (a) A person engaged in business that has employees; and
  (b) A public body, as defined in ORS 174.109.
    { - (4) 'Labor organization' means an organization that
exists for the purpose, in whole or in part, of collective
bargaining, of dealing with employers concerning grievances,
terms or conditions of employment or of other mutual aid or
protection in connection with employment. - }
    { - (5) - }  { +  (4) + } 'Political matters' includes
activity related to political party affiliation, campaigns for
measures, as defined in ORS 260.005, or candidates for political
office and   { - the decision to join, not join, support or not
support - }  { +  matters related to + } any lawful political or
constituent group.
    { - (6) - }  { +  (5) + } 'Religious matters'   { - includes
activity related to religious affiliation or the decision to
join, not join, support or not support a bona fide religious

organization - }  { +  means all aspects of religious observance,
practice or belief + }.
  SECTION 2. ORS 659.785 is amended to read:
  659.785. (1) 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:
  (a) Because the employee declines to attend or participate in
an employer-sponsored meeting or communication with the employer
or the agent, representative or designee of the employer if the
primary purpose of the meeting or communication is to communicate
the opinion of the employer about religious or political matters;
  (b) As a means of requiring an employee to attend a meeting or
participate in communications described in paragraph (a) of this
subsection; or
  (c) Because 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. This
paragraph does not apply if the employee knows that the report is
false.
  (2) 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 circuit court of the judicial district 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, rehiring or reinstatement of the employee 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 deemed necessary by the court to make the
employee whole.  { + If + } the court   { - shall award - }
 { + awards + } a prevailing employee   { - treble damages,
together with - }   { + back pay, the court shall also award
double the amount of the award of back pay as liquidated damages
for harm caused by the delay in payment. The court shall also
award the prevailing employee + } reasonable attorney fees and
costs.
  (3) An employer subject to this section shall post a notice of
employee rights under this section in a place normally reserved
for employment-related notices and in a place commonly frequented
by employees.
  (4) This section does not:
  (a) Limit an employee's right to bring a common law cause of
action against an employer for wrongful termination;
    { - (b) Diminish or impair the rights of a person under a
collective bargaining agreement; - }
    { - (c) - }  { +  (b) + } Limit the application of ORS
260.432;
    { - (d) - }   { + (c) + }   { - Prohibit a religious
organization from requiring its employees to attend an
employer-sponsored meeting or participate in any communication
with the employer or the employer's agent, representative or
designee for the primary purpose of communicating the employer's
religious beliefs, practices or tenets - }  { +  Apply to any
requirement related to employer-sponsored meetings or
communication about religious matters by an employer that is a
religious organization, corporation, association, educational
institution or society + };
    { - (e) - }   { + (d) + } Prohibit a political organization,
including a political party or other organization that engages,
in substantial part, in political matters, from requiring the
political organization's employees to attend an
employer-sponsored meeting or participate in any communication
with the employer or the employer's agent, representative or
designee for the primary purpose of communicating the employer's
political tenets or purposes;
    { - (f) - }   { + (e) + } Prohibit communications of
information about religious or political matters that the
employer is required by law to communicate, but only to the
extent of the lawful requirement;
   { +  (f) Prohibit mandatory employer-sponsored meetings with
employees that are reasonably necessary to the performance of
actions by the employees that may be lawfully required by the
employer and that are related to the normal operation of the
employer's business or enterprise; + }
  (g) Prohibit mandatory meetings of an employer's executive or
administrative personnel to discuss issues related to the
employer's business, including those issues addressed in this
section; or
  (h) Limit the rights of an employer to offer meetings, forums
or other communications about religious or political matters for
which attendance or participation is strictly voluntary.
  SECTION 3.  { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
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