California has enacted legislation that prohibits employers from taking adverse action against employees because they refuse to attend an employer-sponsored mandatory meeting that communicates the employer’s opinion about political or religious matters. The changes were made by enactment of Senate Bill 399 and take effect Jan. 1, 2025.
The Details
Senate Bill 399 prohibits employers from taking or threatening any adverse action because the employee declines to attend an employer-sponsored meeting, or affirmatively declines to participate in, receive, or listen to any communications with the employer, if the purpose of which is to communicate the employer’s opinion about religious or political matters.
Employers must continue to pay an employee who is working at the time of the meeting and refuses to attend a meeting described above while the meeting is held.
Under the law, "political matters" are defined as those relating to elections for political office, political parties, legislation, regulation, and the decision to join or support any political party or political or labor organization.
“Religious matters” are defined as those relating to religious affiliation and practice and the decision to join or support any religious organization or association.
Exceptions
The law doesn’t prohibit:
- An employer from communicating to its employees any information that the employer is required by law to communicate, but only to the extent of that legal requirement.
- An employer from communicating to its employees any information that is necessary for those employees to perform their job duties.
- An institution of higher education, or any agent, representative, or designee of that institution, from meeting with or participating in any communications with its employees that are part of coursework, any symposia, or an academic program at that institution.
- An employer that is a public entity from communicating to its employees any information related to a policy of the public entity or any law or regulation that the public entity is responsible for administering.
The law doesn’t apply to:
- A religious corporation, entity, association, educational institution, or society that is exempt from the requirements of Title VII of the Civil Rights Act of 1964 or is exempt from employment discrimination protections of state law, with respect to speech on religious matters to employees who perform work connected with the activities undertaken by that religious corporation, entity, association, educational institution, or society.
- A political organization or party requiring its employees to attend an employer-sponsored meeting or to participate in any communications with the employer or its agents or representatives, the purpose of which is to communicate the employer’s political tenets or purposes.
- An educational institution requiring a student or instructor to attend lectures on political or religious matters that are part of the regular coursework at the institution.
- A nonprofit, tax-exempt training program requiring a student or instructor to attend classroom instruction, complete fieldwork, or perform community service hours on political or religious matters as it relates to the mission of the training program or sponsor.
- An employer requiring employees to undergo training to comply with the employer’s legal obligations, including obligations under civil rights laws and occupational safety and health laws.
- A public employer holding a new employee orientation, as defined in Section 3555.5 of the Government Code, or a provider holding an orientation as described in Section 12301.24 of the Welfare and Institutions Code.
Next Steps
- Review policies and practices to ensure compliance with the changes.
- Train supervisors on the new law.