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<section article="gle" article_name="Labor and Employment" number="3-718" title_number="3" title_name="Employment Standards and Conditions" subtitle_number="7" subtitle_name="Miscellaneous">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Political matters” means matters relating to:</text>
      <level label="i">
        <text>elections for political office;</text>
      </level>
      <level label="ii">
        <text>political parties;</text>
      </level>
      <level label="iii">
        <text>proposals to change:</text>
        <level label="1">
          <text>legislation;</text>
        </level>
        <level label="2">
          <text>regulations; or</text>
        </level>
        <level label="3">
          <text>public policy; or</text>
        </level>
      </level>
      <level label="iv">
        <text>the decision to join or support a political party or potential civic, community, fraternal, or labor organization.</text>
      </level>
    </level>
    <level label="3">
      <text>“Religious matters” means matters relating to religious belief, affiliation, and practice or the decision to join and support a religious organization or association.</text>
    </level>
  </level>
  <level label="b">
    <text>This section does not apply to an employer that:</text>
    <level label="1">
      <text>is a religious corporation, organization, or association or an educational institution or society that is exempt from the requirements of Title VII of the Civil Rights Act of 1964 under 42 U.S.C. § 2000e–1(a) or is exempt for employment discrimination protections under State law;</text>
    </level>
    <level label="2">
      <text>is a political organization that requires its employees to attend an employer–sponsored meeting or to participate in communications with the employer or the employer’s agents or other representatives for the purpose of communicating the employer’s political tenets or purposes;</text>
    </level>
    <level label="3">
      <text>is an educational institution that requires a student or an instructor to attend lectures on political or religious matters as part of the regular coursework at the institution;</text>
    </level>
    <level label="4">
      <text>is a nonprofit, tax–exempt training program that requires a student or an 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;</text>
    </level>
    <level label="5">
      <text>requires employees to undergo training to comply with federal or State law, including training related to the employer’s obligations under civil rights laws and occupational safety and health laws; or</text>
    </level>
    <level label="6">
      <text>is a governmental unit holding a new employee orientation.</text>
    </level>
  </level>
  <level label="c">
    <text>An employer, or the employer’s agent, representative, or designee, may not:</text>
    <level label="1">
      <text>discharge, discipline, or otherwise penalize or threaten to discharge, discipline, or otherwise penalize an employee because the employee declines to attend, participate in, or listen to communications from the employer, or the employer’s agent, representative, or designee, in an employer–sponsored meeting during which the employer communicates the opinion of the employer regarding religious matters or political matters; or</text>
    </level>
    <level label="2">
      <text>fail or refuse to hire an applicant for employment as a result of the applicant’s refusal to attend or participate in an employer–sponsored meeting during which the employer communicates the opinion of the employer regarding religious matters or political matters.</text>
    </level>
  </level>
  <level label="d">
    <text>This section does not prohibit an employer:</text>
    <level label="1">
      <text>from communicating information that the employer is required by law to communicate;</text>
    </level>
    <level label="2">
      <text>from conducting a meeting that involves religious matters or political matters if attendance and participation are voluntary;</text>
    </level>
    <level label="3">
      <text>from communicating to its employees information that is necessary for its employees to perform their job duties;</text>
    </level>
    <level label="4">
      <text>that is an institution of higher education, or an agent or other representative or designee of the institution, from meeting with or participating in communications with its employees that are part of coursework, a symposium, or an academic program at the institution; or</text>
    </level>
    <level label="5">
      <text>that is a governmental unit from communicating to its employees information related to a policy of the employer or a law that the employer is responsible for administering.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>If an employee believes that an employer has violated this section, within 180 days after the alleged violation, the employee may file a written complaint with the Commissioner.</text>
    </level>
    <level label="2">
      <text>After receiving a written complaint filed under paragraph (1) of this subsection, the Commissioner shall conduct an investigation and attempt to resolve the issue informally through mediation.</text>
    </level>
    <level label="3">
      <text>If the Commissioner is unable to resolve an issue through mediation and, after an investigation, the Commissioner determines that the employer has violated this section, the Commissioner may assess a civil penalty of:</text>
      <level label="i">
        <text>for an initial violation, up to $10,000; or</text>
      </level>
      <level label="ii">
        <text>for a subsequent violation, up to $25,000.</text>
      </level>
    </level>
    <level label="4">
      <text>In addition to civil penalties assessed under paragraph (3) of this subsection, the Commissioner may:</text>
      <level label="i">
        <text>issue an order to cease and desist from the violation and any further similar violations; or</text>
      </level>
      <level label="ii">
        <text>award any other relief that the Commissioner determines is appropriate, including:</text>
        <level label="1">
          <text>injunctive relief;</text>
        </level>
        <level label="2">
          <text>compensatory damages;</text>
        </level>
        <level label="3">
          <text>affirmative relief, including:</text>
        </level>
        <level label="A">
          <text>the reinstatement of the employee to the employee’s former position or an equivalent position;</text>
        </level>
        <level label="B">
          <text>back pay and interest amounts owed; or</text>
        </level>
        <level label="C">
          <text>restoration of employee benefits, pension or retirement accrual, and other terms and conditions of employment for which the employee would have been eligible; or</text>
        </level>
        <level label="4">
          <text>reasonable attorney’s fees and other costs.</text>
        </level>
      </level>
    </level>
    <level label="5">
      <text>The Commissioner may file a petition in any circuit court for any county seeking enforcement of an order under this section.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>Each employer shall notify the employer’s employees of the requirements and protections provided under this section by:</text>
      <level label="i">
        <text>posting the poster or notice developed under paragraph (2) of this subsection in a place where employee notices are customarily posted or in another conspicuous place accessible by all employees of the employer; and</text>
      </level>
      <level label="ii">
        <text>providing the notice developed under paragraph (2) of this paragraph to each new employee on hiring.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>The Commissioner shall develop and make available to employers a poster and model notice that summarizes the rights established under this section, including how to file a complaint with the Commissioner.</text>
      </level>
      <level label="ii">
        <text>The poster and model notice developed under subparagraph (i) of this paragraph shall be made available in English and any other languages commonly used by employees in the State.</text>
      </level>
    </level>
    <level label="3">
      <text>The Commissioner shall consider failure to comply with the notice requirement established under paragraph (1) of this subsection an aggravating factor when awarding relief under subsection (e) of this section.</text>
    </level>
  </level>
</section>
