Recently, the Connecticut General Assembly sent Public Act No. 22-24 (Substitute Senate Bill No. 163), “An Act Protecting Employee Freedom of Speech and Conscience,” to Governor Ned Lamont’s desk for signature. It is unclear what action the governor plans to take in relation to the law.
If enacted, effective July 1, 2022, the law will amend Connecticut’s employee free speech statute, Conn. Gen. Stat. Section 31-51q, significantly limiting an employer’s ability to speak directly with its employees. Most notably, the law makes it unlawful for employers to require employees to attend meetings to discuss “political matters,” a term that includes “the decision to join or support any … labor organization.” This provision is intended to outlaw what organized labor often refers to as “captive audience meetings,” where employers educate employees about their rights under the National Labor Relations Act (NLRA), often in connection with union campaigns.
The law also expands the parameters under which a civil action may be commenced. Under Section 31-51q, employees may sue for damages when they are subject to “discipline or discharge” for exercising free speech rights under the First Amendment of the U.S. Constitution and the Connecticut equivalent—subject to certain exceptions. The amendments expand that right of action, permitting a civil action upon the “threat” of discipline or discharge, apparently even if those threats do not result in an adverse employment action.
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