Delaware HB 84

This Substitute for House Bill No. 84 prohibits employers from requiring meetings or communications the purpose of which is to convey the employer’s political or religious views, including views regarding unionization. The Act enumerates several situations to which the prohibition does not apply, including the communication of religious views by a religious employer, the communication of political views by a political party or organization, and training required to comply with civil rights laws and occupational safety and health laws. The statute also clarifies that the following communications are outside the scope of the prohibition: (1) An employer communicating to its employees any information that the employer is required by law to communicate, but only to the extent of that legal requirement; (2) An employer communicating to its employees any information that is necessary for those employees to perform their job duties; (3) An institution of higher education, or any agent, representative, or designee of that institution, meeting with or participating in any communications with its employees that are part of coursework, any symposia, or an academic program at that institution; (4) An employer that is a public entity 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; and (5) A tax exempt organization, as defined under United States Internal Revenue Code § 501(c)(3) communicating with its employees about policy issues that are relevant to the organization, its mission, or the people the organization serves, provided such communication is done in a non-partisan manner. The provision is added to the existing chapter dealing with discrimination in employment, and the Department of Labor is empowered to investigate employer practices, make rules and regulations, and commence civil actions if necessary. The Department of Labor is instructed to update, within 90 days of the effective date of this Act, the notices it prepares for use by employers regarding unlawful discrimination in employment to include the provisions of this Act.