HB 64 — An Act prohibiting the penalization of employees for nonparticipation in religious or political matters; providing for notice requirements; establishing the Captive Audience Meeting Enforcement Fund; and imposing penalties.

PRIOR PRINTER'S NO.

53 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

3056 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

MILLER, DAWKINS, SIEGEL, GREEN, POWELL, FRANKEL, MATZIE, HADDOCK, RABB, VENKAT, BENHAM, SANCHEZ, PIELLI, HILL-EVANS, CIRESI, DONAHUE, SCHLOSSBERG, FIEDLER, FREEMANFREEMAN, OTTEN, INGLIS AND OTTEN,KENYATTA, JANUARY 14, 2025 REFERREDAS TOREPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, JANUARYHOUSE 14,OF 2025REPRESENTATIVES, AS AMENDED, MARCH 23, 2026 AN ACT Prohibiting the penalization of employees for nonparticipation in religious or political matters;

providing for notice requirements;ENFORCEMENT FUND;

and imposing penalties.penalties.DIENCE MEETING <-- The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

"Employee.""EMPLOY." AnTO individualENGAGE, employedSUFFER byOR anPERMIT employer.TO WORK.

<-- "Employee." An individual employed by an employer.

THE TERM <-- INCLUDES THE COMMONWEALTH, ANY OF ITS POLITICAL SUBDIVISIONS, INCLUDING A PUBLIC SCHOOL ENTITY OR SCHOOL ENTITY, AND ANY OFFICE, BOARD, COMMISSION, AGENCY, AUTHORITY, LOCAL TRANSPORTATION ORGANIZATION OR OTHER INSTRUMENTALITY THEREOF.

"SECRETARY." THE SECRETARY OF LABOR AND INDUSTRY OF THE <-- COMMONWEALTH.

(2) Not taken under threat of a negative change in an employment condition for nonattendance, including a negative performance evaluation, an adverse change in a form of 20250HB0064PN3056 - 2 - compensation or an adverse change in any other benefit of employment.

20250HB0064PN0053 - 2 - (1) because the employee declines to attend or participate in an employer-sponsored meeting or declines to receive or listen to a communication from the employer or an agent, representative or designee of the employer if the purpose of the meeting or communication is to transmit the opinion of the employer about a religious matter or political matter;

20250HB0064PN3056 - 3 - (b) Damages.--A court may award an employee prevailing in an action under subsection (a) appropriate relief, including injunctive relief, reinstatement of a former employment position or an equivalent position, back pay, reestablishment of employee benefits, including seniority, to which the employee would otherwise have been eligible if the violation had not occurred or any other appropriate relief as deemed necessary by the court to make the employee whole.

A court shall award an employee 20250HB0064PN0053 - 3 - prevailing in an action under this section reasonable attorney fees and costs.

SectionSECTION 6.

INVESTIGATION.

<-- (A) AUTHORIZATION.--IF THE SECRETARY RECEIVES INFORMATION INDICATING THAT THIS ACT MAY HAVE BEEN VIOLATED, THE SECRETARY MAY INVESTIGATE THE MATTER.

(B) PERMITTED ACTIONS.--THE SECRETARY MAY TAKE ANY OF THE FOLLOWING ACTIONS:

(1) ENTER AND INSPECT A WORKSITE OR PLACE OF BUSINESS AT ANY REASONABLE TIME TO EXAMINE AND INSPECT RECORDS THAT RELATE TO COMPLIANCE WITH THIS ACT.

(2) SUBPOENA WITNESSES, ADMINISTER OATHS, EXAMINE WITNESSES AND COPY OR COMPEL THE PRODUCTION OF RECORDS, CONTRACTS AND OTHER DOCUMENTS THAT ARE NECESSARY AND APPROPRIATE TO THE ENFORCEMENT OF THIS ACT.

(3) PETITION COMMONWEALTH COURT TO ENFORCE ANY SUBPOENA OR ORDER ISSUED BY THE DEPARTMENT.

Section 6 7.

The<-- (A) INVESTIGATION AFTER RECEIPT OF COMPLAINT.--The <-- department shall investigate an alleged violation of section 4 20250HB0064PN3056 - 4 - in a complaint received from an employee or interested party.

Section(B) 7.TYPES OF PENALTIES AUTHORIZED.--IF, AFTER AN <-- INVESTIGATION, THE DEPARTMENT DETERMINES THAT THE EMPLOYER HAS VIOLATED THIS ACT, THE DEPARTMENT SHALL:

(1) FOR A FIRST VIOLATION, BRING AN ADMINISTRATIVE ACTION TO ASSESS A FINE OF UP TO $2,500 PER EMPLOYEE WHOSE RIGHTS UNDER THIS ACT WERE VIOLATED.

(2) FOR A SECOND OR SUBSEQUENT VIOLATION, BRING AN ADMINISTRATIVE ACTION TO ASSESS A FINE OF UP TO $5,000 PER EMPLOYEE WHOSE RIGHTS UNDER THIS ACT WERE VIOLATED.

Section 7 8.

<-- Within (A) DUTY OF EMPLOYER.--NO LATER THAN 30 days after <-- the effective date of this section, an employer shall post and maintain a notice of the rights of employees under this act where notices for employees are customarily posted by the employer.

Section(B) 8.DUTY OF DEPARTMENT.--THE DEPARTMENT SHALL CREATE AND <-- POST, ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE, A NOTICE OF THE RIGHTS OF EMPLOYEES UNDER THIS ACT.

THE DOCUMENT PRODUCED BY THE DEPARTMENT MAY BE USED BY EMPLOYERS TO MEET THE REQUIREMENTS OF SUBSECTION (A).

Section 8 9.

<-- Nothing in this act shall be construed to:

(2) limit the right of an employer or an agent, representative or designee of an employer to conduct meetings 20250HB0064PN3056 - 5 - involving a religious matter or political matter if attendance is voluntary or to engage in a communication if the receipt or listening of the communication is voluntary;

20250HB0064PN0053 - 4 - (5) prohibit an institution of higher education or an agent, representative or designee of an institution of higher education from conducting a meeting or participating in a communication with an employee of the institution of higher education concerning any coursework, symposia, research, publication or academic program at the institution of higher education;

or <-- (6) prohibit a Commonwealth or municipal agency, the General Assembly, a governing body of a municipality, a county executive or any other State or local governing entity from requiring an employee of the Commonwealth or municipal agency, General Assembly, governing body of a municipality, county executive or other State or local governing entity to attend an employer-sponsored meeting or participate in a communication with the employer for the purpose of communicating the employer's proposals to change public policy.policy.;

Section<-- 9.(7) PROHIBIT AN EMPLOYER FROM REQUIRING ITS EMPLOYEES TO TAKE ANTIDISCRIMINATION TRAINING, INCLUDING TRAINING ADDRESSING RELIGIOUS DISCRIMINATION;

OR (8) PROHIBIT A LABOR ORGANIZATION FROM ACCESSING AN 20250HB0064PN3056 - 6 - EMPLOYER'S EMPLOYEES IN THE WORKPLACE FOR PURPOSES OF DISCUSSING MATTERS, INCLUDING MEMBERSHIP IN THE LABOR ORGANIZATION, ACCORDING TO THE TERMS OF A COLLECTIVE BARGAINING AGREEMENT.

SECTION 10.

THE CAPTIVE AUDIENCE MEETING ENFORCEMENT FUND.