The Vermont Statutes Online

Title 21 : Labor

Chapter 005 : Employment Practices

Subchapter 006 : FAIR EMPLOYMENT PRACTICES

• § 495o. Employer communications relating to religious or political matters; employee rights

  (a) An employer, or an employer’s agent, shall not discharge, discipline, penalize, or otherwise discriminate against, or threaten to discharge, discipline, penalize, or otherwise discriminate against, an employee:

  (1) because the employee declines:

  (A) to attend or participate in an employer-sponsored meeting that has the primary purpose of communicating the employer’s opinion about religious or political matters; or

  (B) to view or participate in communications with or from the employer or the employer’s agent that have the primary purpose of communicating the employer’s opinion about religious or political matters; or

  (2) as a means of requiring an employee to:

  (A) attend an employer-sponsored meeting that has the primary purpose of communicating the employer’s opinion about religious or political matters; or

  (B) view or participate in communications with or from the employer or the employer’s agent that have the primary purpose of communicating the employer’s opinion about religious or political matters.

  (b) Nothing in this section shall be construed to:

  (1) limit an employee’s right to bring a civil action for wrongful termination; or

  (2) diminish or limit any rights provided to an employee pursuant to a collective bargaining agreement or employment contract.

  (c) Nothing in this section shall be construed to prohibit an employer that is a religious or denominational institution or organization, or any organization operated for charitable or educational purposes, that is operated, supervised, or controlled by or in connection with a religious organization, from:

  (1) communicating with its employees regarding the employer’s opinion on religious matters;

  (2) requiring its employees to attend a meeting regarding the employer’s opinion on religious matters; or

  (3) requiring its employees to view or participate in communications from the employer or the employer’s agent regarding the employer’s opinion on religious matters.

  (d) Nothing in this section shall be construed to prohibit an employer that is a political organization, a political party, or an organization that engages, in substantial part, in political matters from:

  (1) communicating with its employees regarding the employer’s opinion on political matters;

  (2) requiring its employees to attend a meeting regarding the employer’s opinion on political matters; or

  (3) requiring its employees to view or participate in communications from the employer or the employer’s agent regarding the employer’s opinion on political matters.

  (e) Nothing in this section shall be construed to prohibit an employer or the employer’s agent from:

  (1) communicating information to an employee:

  (A) that the employer is required to communicate pursuant to State or federal law; or

  (B) that is necessary for the employee to perform the employee’s job functions or duties;

  (2) requiring an employee to attend a meeting to discuss issues related to the employer’s business or operation when the discussion is necessary for the employee to perform the employee’s job functions or duties; or

  (3) offering meetings, forums, or other communications about religious or political matters for which attendance or participation is entirely voluntary.

  (f)(1) The penalty and enforcement provisions of section 495b of this subchapter shall apply to this section.

  (2) The provisions against retaliation in subdivision 495(a)(8) of this subchapter shall apply to this section.

  (g) As used in this section:

  (1) “Political matters” means matters relating to:

  (A) political affiliation;

  (B) elections for political office;

  (C) political parties;

  (D) legislative proposals;

  (E) the decision to join or support any political party or political, civic, community, fraternal, or labor organization; or

  (F) any combination of subdivisions (A) through (E) of this subdivision (g)(1).

  (2) “Religious matters” means matters relating to:

  (A) religious affiliation;

  (B) religious practice;

  (C) the decision to join or support any religious or denominational organization or institution; or

  (D) any combination of subdivisions (A) through (C) of this subdivision (g)(2). (Added 2023, No. 117 (Adj. Sess.), § 1, eff. July 1, 2024.)