Delaware Bars Mandatory Employer Meetings on Political or Religious Matters

The Details

With limited exceptions, the law prohibits employers from taking any adverse employment action (or threatening to take such action) because an employee declines to attend an employer-sponsored meeting or receive communications regarding the employer’s opinion about religious or political matters.

An employer must continue to pay an employee who declines to attend a covered meeting and is working and during the time the meeting is held.

“Political matters” are defined as those relating to political parties, legislation, regulation, public policy, campaigns for election, or the decision to join or support any political party or political, civic, community, fraternal, or labor organization.

“Religious matters” are defined as those relating to religious belief, affiliation, practice, membership in, or support of any religious organization, association, or other group.

The law directs the Delaware Department of Labor to update its required labor law poster to reflect the changes.

Exceptions

The law includes several exceptions and doesn’t prohibit:

• An employer from communicating to its employees any information that the employer is required by law to communicate.
   
• 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.
   
• A tax-exempt organization from communicating with its employees about policy issues that are relevant to the organization, its mission, or the people the organization serves. However, this exception doesn’t permit an employer to require attendance at meetings expressing the employer's views regarding employees' formation of, or membership in, a union.
   
• An employer from requiring employees to undergo training to comply with the employer’s legal obligations, including obligations under civil rights laws and occupational safety and health.
   
• Review mandatory meetings, presentations, and training programs to identify any sessions that communicate the employer's views on political or religious matters.
   
• Make attendance voluntary for meetings or communications that discuss political or religious topics unless an exception under the law applies.
   
• Train supervisors on the law, including when attendance may be required and when employees have the right to decline participation.
   
• Review employee communications to distinguish between information necessary for employees to perform their jobs, legally required communications, and communications that may express the employer's views on political or religious matters.
   
• Monitor the Delaware Department of Labor’s website and display the updated poster when available.
• Continue paying employees who are working and decline to attend a covered meeting while the meeting is being held, as required by the law.

The law includes other exceptions. For details, review the law in full.

Next Steps

Consult legal counsel if there is uncertainty about whether a meeting, communication, policy discussion, or training program falls within one of the law's exceptions.