Prohibits employers from coercing employees into attending employer-sponsored meetings on the employer's religious or political opinions.

A BILL FOR AN ACT

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

§ -1 Definitions. The following terms shall have the following meanings, unless the context dictates otherwise:

"Employee" means any person engaged in service to an employer in a business of the employer and includes research assistants, research fellows, teaching assistants, teaching fellows, post-doctoral associates, interns, and residents at independent nonprofit institutions of higher education or nonprofit general hospital facilities, the real property of which is the basis of a state grant in lieu of taxes.

"Employer" means a person engaged in business who has employees, including the State and of its any political subdivisions.

"Labor organization" means any organization that exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.

"Political matters" includes political party affiliation or the decision to join or not join any lawful, political, social or community group or activity, or any labor organization.

§ -2 Employer intimidation; prohibited. No employer or employer's agent, representative, or designee may require its employees to attend an employer-sponsored meeting, or participate in any communications with the employer or its agents or representatives, the primary purpose of which is to communicate the employer's opinion about religious or political matters.

§ -3 Exceptions. (a) An employer or its agent, representative, or designee may communicate to employees information about religious or political matters that the employer is required by law to communicate, but only to the extent of that legal requirement.

(b) Nothing in this chapter shall prohibit:

§ -4 Anti-retaliation; prohibited. No employer or employer's agent, representative, or designee shall discharge, discipline, or otherwise penalize or threaten to discharge, discipline, or otherwise penalize any employee because the employee, or a person acting on behalf of the employee, makes a good faith report, verbally or in writing, of a violation or a suspected violation of this section. This section shall not apply when the employee knows that the report is false.

§ -5 Enforcement. Any aggrieved employee may enforce this chapter by means of a civil action brought no later than ninety days after the date of the alleged violation in the circuit court of the district where the violation is alleged to have occurred or where the employer has its principal office within the State. The court may award a prevailing employee all appropriate relief, including rehiring or reinstatement of the employee to the employee's former position, back pay, and reestablishment of any employee benefits to which the employee would otherwise have been eligible if the violation had not occurred. The court shall award a prevailing employee treble damages, together with reasonable attorneys' fees and costs.

§ -6 Remedies; undiminished. Nothing in this chapter shall be construed to limit an employee's right to bring a common law cause of action against an employer for wrongful termination or to diminish or impair the rights of a person under any collective bargaining agreement."

SECTION 2. This Act shall take effect upon its approval.