What happened?

On May 28, 2024, The Vermont Legislature enacted SB 102, in which, without the Governor’s signature, became law and covers communications in political and religious topics.

What are the details?

Key Bites:

• Employees have the right to abstain from participating in employer-organized discussions or meetings that revolve around the employer’s views on religious or political issues, without facing any form of dismissal, disciplinary action, or discrimination.

• Employees cannot be compelled to attend meetings or participate in communications with the primary purpose of expressing the employer’s opinions on religious or political matters.

• The amendment includes exemptions for specific organizations: Religious or denominational institutions, organizations operated for charitable or educational purposes under religious supervision, and political organizations.

• The law defines terms like but not limited to: What is a religious or political matter, as well as verbiage changes from previous definitions.

• Other amendments are introduced to several topics, for example, to Collective Bargaining agreements (CBA).

Business Considerations

• Employers can communicate information to employees that is required by state or federal law or necessary for the employee to perform their job functions or duties. The amendments do not affect this basic duty.
• Employers should be aware of the penalty and enforcement provisions of section 495b of this subchapter, which apply to this section. The provisions against retaliation in subdivision 495(a)(8) of this subchapter also apply to this section.
• Employers should adjust their communications to take into consideration that employer-sponsored meetings or communications that primarily discuss the employer’s religious or political opinions must be voluntary for employees unless an exception applies.
• Employers should review the amended definitions to comprehend what is covered and what could be a potential area of claims.

Source References

• VT SB 102

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