75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 3507
Sponsored by Representative ROBLAN
CHAPTER ................
AN ACT
Relating to mandatory workplace communications to employee about
employer's opinions; amending sections 1 and 2, chapter ___,
Oregon Laws 2009 (Enrolled Senate Bill 519).
Be It Enacted by the People of the State of Oregon:
SECTION 1. If Senate Bill 519 becomes law, section 1,
chapter ___, Oregon Laws 2009 (Enrolled Senate Bill 519), is
amended to read:
{ + Sec. 1. + } As used in this section and section 2
{ - of this 2009 Act - } { + , chapter ___, Oregon Laws 2009
(Enrolled Senate Bill 519) + }:
(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 { + activity related to + }
political party affiliation, campaigns for { - legislation - }
{ + measures, as defined in ORS 260.005, + } 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 { + activity related to + }
religious affiliation or the decision to join, not join, support
or not support a bona fide religious organization.
SECTION 2. If Senate Bill 519 becomes law, section 2,
chapter ___, Oregon Laws 2009 (Enrolled Senate Bill 519), is
amended to read:
{ + Sec. 2. + } (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) { - Who - } { + Because the employee + } declines to
attend or participate in an employer-sponsored meeting or
Enrolled House Bill 3507 (HB 3507-INTRO) Page 1
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. The court shall award a prevailing employee
treble damages, together with 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) 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 the employer's agent,
representative or designee for the primary purpose of
communicating the employer's religious beliefs, practices or
tenets;
(e) Prohibit a political organization, including a political
party or other organization that engages, in substantial part, in
political { - activities - } { + 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) 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;
(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.
Enrolled House Bill 3507 (HB 3507-INTRO) Page 2
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Passed by House June 19, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 27, 2009
...........................................................
President of Senate
Enrolled House Bill 3507 (HB 3507-INTRO) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 3507 (HB 3507-INTRO) Page 4