General Assembly Takes Aim At Captive Audience Meetings in the Workplace Via HB 24-1260

Rob Thomas, Of Counsel

Colorado may join a small number of other states (Connecticut, Maine, New York, Minnesota, and Oregon) which have passed legislation banning mandatory “captive audience” meetings in the workplace.  House Bill 24-1260, introduced on February 12, 2024, and set to be heard by the Business Affairs & Labor Committee on March 20, 2024, would prohibit employers from requiring employees to attend meetings, listen to speech, or view communications concerning “religious or political matters”—including speech related to labor organizations and unionization—and would create a private right of action for violations of the same.

HB 24-1260 - Overview

Colloquially referred to as the “Worker Freedom Act,” HB 24-1260 would prohibit employers from requiring employees to attend mandatory meetings (or “captive audience meetings”), listen to speech, or otherwise view communications that “include religious or political matters.”[1]  The bill would likewise prohibit employers from disciplining or discharging (or merely threatening discipline or discharge) employees who refuse to listen to speech or view religious or political communications from the employer.

Neither religion nor “religious matters” are defined by the bill, but “political matters” would include matters relating to elections for political office, political parties, legislation, regulations, and the decision to join or support any political party or political, civic, community, fraternal, or labor organization.  The inclusion of speech relating to labor organizations within the scope of “political matters” is particularly significant, as employers commonly use group meetings with employees to advocate against unionization (within legally permissible bounds) or provide information as to why unionizing may not be in employees’ best interests when faced with a union election campaign. 

Proposed Exceptions to the Prohibition Against Political/Religious Captive Audience Meetings

If passed, the Worker Freedom Act would provide certain limited exceptions to the prohibition against captive audience meetings with religious or political content.  For example, to the extent an employer is required by law to communicate certain speech or information, such communications are permissible but only to the extent required by law.  Likewise, if the communications are necessary for employees to perform their job duties, then they are permissible.  The bill also does not extend to “casual conversations” between employees, or between employers and employees, so long as participation in such conversation is not mandatory.  Further, the bill as written clarifies that nothing within it is intended to circumvent any employer obligations under the Colorado Anti-Discrimination Act, Title VII, or any other antidiscrimination laws. 

Consequences of Violating HB 24-1260, and Employer Considerations

If passed, the Worker Freedom Act would give employees a private right of action to enforce the Act and seek damages for employer violations.  Possible remedies include reinstatement, other equitable relief, and/or the greater of either ten thousand dollars or actual damages sustained by the employee as a result of the violation—including front pay in lieu of reinstatement, back pay plus benefits, and other actual damages resulting from the violation.  The bill would also permit recovery of costs and attorneys’ fees incurred by aggrieved employees who bring actions for violations of the Act.  Repeat offenders of the Act may also be subjected to an additional ten thousand dollar penalty on top of the damages and remedies described above. 

Given the available remedies, damages, and penalties contemplated by HB 24-1260, employers should pay close attention to this bill’s progress within the General Assembly within the coming weeks.  As noted, it is currently scheduled to go to the Business Affairs & Labor Committee for review on March 20, 2024.  If passed as written, HB 24-1260 will undoubtedly hamstring the ability of employers to advocate against unionization with their own employees, which is particularly germane in today’s pro-labor political environment.  Campbell Litigation will continue to monitor HB 24-1260’s progress within the General Assembly and will update the Rocky Mountain Employer with any new developments.       

[1] See https://leg.colorado.gov/sites/default/files/documents/2024A/bills/2024a_1260_01.pdf for a full copy of the bill’s proposed text.