Bill
H 1653
Protects employees' political and religious speech; bars discipline for First Amendment activity unless it materially harms job performance; allows damages, fees, and exceptions.
Status and context
- Bill number: H.1653
- Title: An Act protecting employee free speech
- Introduced: February 27, 2025
- Current status: Accompanied by a new draft (H.4674)
- Legislative actions: Referred to the Judiciary Committee on the date of introduction; subsequent hearings noted (including a scheduled hearing in 2025). Related bill HD 2275 is listed as replacing this measure.
Overview
H.1653 would add strong protections for employees’ rights to engage in speech and conduct related to political or religious matters, so long as such activities do not materially interfere with job performance. The bill limits an employer’s ability to discipline or terminate an employee for First Amendment–protected activity and for certain religious or political communications, while preserving essential employer interests and lawful communications.
Key provisions
1) Definitions (new definitions added to Chapter 149, Section 1)
- Political matters: includes elections for political office, political parties, proposals to change legislation or regulation, and decisions to join or support political parties or political, civic, community, fraternal, or labor organizations.
- Religious matters: includes religious affiliation and practice and the decision to join or support any religious organization or association.
2) New protections for employee speech and association (Section 20F)
- General rule: An employer (including the state and its subdivisions) may not discipline or discharge an employee for:
(1) exercising rights guaranteed by the First Amendment, provided the employee’s activity does not substantially or materially interfere with bona fide job performance or the working relationship; or
(2) the employee’s refusal to:
a) attend an employer-sponsored meeting primarily intended to convey the employer’s opinions on religious or political matters, or
b) listen to or view communications whose primary purpose is to convey the employer’s opinions on religious or political matters.
- Remedies: An employee subject to prohibited discipline or discharge may recover damages (including punitive damages), reasonable attorney’s fees, and full lost wages (gross wage loss), plus costs as allowed by the court.
3) Exceptions and limitations (Section 20F(c))
- Employers may still communicate:
1) Information required by law (to the extent of the legal requirement);
2) Information necessary for employees to perform their job duties;
3) Educational institutions’ communications within coursework or academic programs;
4) Casual conversations not required of the employee;
5) Requirements limited to managerial and supervisory employees.
4) Religious exemptions (Section 20F(d))
- The protections do not apply to religious corporations/entities that are exempt from certain civil rights provisions (Title VII exemptions and related state equivalents) with respect to speech on religious matters by employees performing work connected to activities of the religious organization.
Potential impact and considerations
Notes for readers
- The bill sets a substantive free-speech standard tied to the First Amendment, with explicit procedural remedies for violations.
- It draws a careful line between protected employee speech and legitimate employer communications or duties, and it includes religious exemptions aligned with certain federal/state protections.
Compiled from official sources — confirm details with the bill’s official record.
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