74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular 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 1862
House Bill 2893
Sponsored by Representative SCHAUFLER; Representatives CANNON,
CLEM, D EDWARDS, GREENLICK, HOLVEY, MERKLEY, RILEY, ROSENBAUM,
SHIELDS, WITT, Senators AVAKIAN, BROWN, MONROE, MORRISETTE,
WALKER, WESTLUND (at the request of Oregon AFL-CIO)
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 as
introduced.
Prohibits employer from requiring employee to attend meeting or
participate in communication concerning employer's opinion about
religious or political matters. Prohibits employer from taking
adverse employment action against employee related to such
meeting or communication. Requires employer to post
notice. Provides exceptions for religious organizations,
political organizations and certain meetings and communications.
Creates cause of action.
A BILL FOR AN ACT
Relating to mandatory workplace communications to employee about
employer's opinions.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in this section and section 2 of this
2007 Act:
(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) 'Political matters' includes political party affiliation,
campaigns for legislation or candidates for political office and
the decision to join, not join, support or not support any lawful
political or constituent group or activity.
(6) 'Religious matters' includes religious affiliation or the
decision to join, not join, support or not support a bona fide
religious organization. + }
SECTION 2. { + (1) An employer or the employer's agent,
representative or designee may not require an employee to attend
any employer-sponsored meeting or participate in any
communication with the employer or the employer's agent,
representative or designee if the purpose of the meeting or
communication is to communicate the employer's opinion about
religious or political matters.
(2) 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) As a means of requiring an employee to attend a meeting or
participate in communications described in subsection (1) of this
section; or
(b) 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.
(3) 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 employer has
its principal office. 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. The court shall award a
prevailing employee treble damages, together with reasonable
attorney fees and costs.
(4) 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.
(5) 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) Limit the application of ORS 260.432;
(d) Prohibit a religious organization from requiring its
employees to attend an employer-sponsored meeting or participate
in any communication with the employer or its agent,
representative or designee for the primary purpose of
communicating the employer's religious beliefs, practices or
tenets;
(e) Prohibit a political organization, including political
parties and other organizations that engage, in substantial part,
in political activities, from requiring its employees to attend
an employer-sponsored meeting or participate in any communication
with the employer or its agent, representative or designee for
the primary purpose of communicating the employer's political
tenets or purposes;
(f) 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 legal requirement; or
(g) Prohibit meetings of an employer's executive or
administrative personnel to discuss issues related to the
employer's business. + }
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