About a dozen states, including Hawaii, have enacted laws to prohibit employers from having “captive audience” meetings of a political nature. In other words, they can’t require employees to attend such meetings or events. These laws also prohibit employers from retaliating against employees who decline to participate in these meetings.
These might be employee-only meetings. However, another example would be if a candidate for political office visited a workplace and gave a speech. We’ve all seen candidates talking with a group of workers behind them. Under the law, they must be there of their own free will. They should not be pressured or bribed and certainly cannot be required to attend or penalized in any way if they choose not to.
What does Hawaii law say?
Specifically, the law states that an employer shall not “discharge, discipline, or otherwise penalize or threaten any adverse employment action” against an employee who does not:
- “Attend or participate in an employer-sponsored meeting, or any portion of a meeting, that communicates the opinion of the employer about political matters”
- “Receive or listen to a communication from the employer that communicates the opinion of the employer about political matters”
The law notes that employers can “conduct meetings or…engage in communications involving political matters as long as attendance by the employees is wholly voluntary.”
Smart employers generally discourage discussion of political matters, which can be deeply divide employees who otherwise work well together as a team. Some, unfortunately, have such strong opinions of their own that they seemingly believe it’s their obligation to try to bring others over to their side.
If you’ve been required to attend a “captive audience” political event by your employer or been bombarded with political literature, you have a right to speak up and remind them of the law. If that hasn’t worked or you’ve suffered retaliation for respectfully asserting your rights, it may be wise to get legal guidance to determine how best to move forward.