A bill that would protect workers from being fired or denied pay raises because of their political or religious beliefs is working its way through the legislative process and is really designed, opponents say, to stop employers from talking politics in the shop.
“I think this has the opportunity to end up in court if it does go through,” said Ed McLaughlin, president of the Maine Economic Research Institute, because it would deny the boss’s right to freedom of speech.
McLaughlin’s group produces what are known in Augusta as the MERI ratings for all legislators – giving each a score based on how they voted on business-related bills. Their information and others is increasingly being used in the workplace to let workers know how actions in Augusta are affecting the economy and the state’s business climate.
While the bill, sponsored by Senate President Beth Edmonds, wouldn’t prevent an employer from talking about those ratings or other political or even religious issues, McLaughlin said doing so could give employees reason to sue if they were fired, demoted or not given a pay raise.
“I think it’s against free speech and will lead to a lot of lawsuits,” he said, predicting employees will argue, “I didn’t agree with them and that’s the reason I was fired.”
Proponents say employers are requiring their workers to listen to the company line in excess of what’s necessary to do their jobs.
The legislation would give employees the right to sue if they are suspended, laid off, discharged or demoted in rank or pay because they “support or refuse to support any view or position on a religious or political matter; attend or refuse to attend an employer-sponsored meeting the primary purpose of which is to communicate the employer’s opinion about a religious or political matter; or, participate or refuse to participate in any communication, the primary purpose of which is to communicate the employer’s opinion about a religious or political matter.”
Ed Gorham of the Maine AFL-CIO said the bill simply is “protecting citizens from being forced to listen to political, religious or other forms of indoctrination,” unrelated to job performance.
“Under current law, a supervisor or owner can order an employee into an office or meeting room and force him or her to listen to almost anything, as long as it occurs on work time,” Gorham testified at a hearing on the bill last week.
Gorham gave as examples employers talking about presidential politics in an election year, sharing their religious affiliation or requiring attendance at prayer breakfasts or faith-based training sessions. Forcing workers to attend anti-union presentations “when they are trying to form a union is common employer practice,” he added.
Fliers – promoted as payroll stuffers – were handed out at the hearing from the Alliance for Maine’s Future, which is a pro-business group that says its mission is to educate people about how legislation affects the state’s business climate. One flier encourages workers to vote, asking “Wondering about a Christmas bonus?”
It then goes on to say: “You’ve probably earned it, but many outside factors contribute to this company’s economic conditions. Important issues that impact our industry – such as high insurance rates, workers’ compensation costs and high taxes – stem from legislation in Augusta. You can make a difference in the problems that face this company by being aware of the issues and voting.”
Another titled “business climate” reads: “The Legislature makes it increasingly difficult to continue doing business in Maine. We are asking employees to rally for good jobs, a better economy and a state Legislature made up of elected officials who will ensure a promising job-friendly environment for Maine. Vote!”
McLaughlin said MERI ratings also are used in some employee information sessions.
“There’s been a movement across the county, and certainly in Maine, for employers to communicate more with their employees on the economy and how the economy works. Some of the work that we do is being provided to employees, and some people don’t like that,” he said.
Based on a survey of employers, MERI tracks legislation deemed important to Maine businesses and then gives each legislator a rating based on how they voted. In the most recent report for 2005, 19 bills were tracked. While the ratings are based solely on a legislator’s voting record, invariably the highest scores go to Republicans and the lowest to Democrats.
McLaughlin said the ratings are important for workers to know. “If you look at how policies affect the economy that directly affect the business that people work for, I think those are important things to know,” he said.
“There are certainly places people shouldn’t go,” he added. “Nobody should ever tell somebody how to vote.”
“This is a solution in search of a problem,” said Peter Gore of the Maine State Chamber of Commerce, who opposes the bill. He said there was no testimony given that proved people in Maine have actually been discriminated against because of their political or religious views.
Gore did agree that employers are talking more at work about how legislation affects business.
“Employers are starting to find a public policy voice,” he said, but it’s not about “elect or un-elect candidate A or B.”
He also believes there are many unintended consequences to the legislation as written.
“If somebody wanted to put a picture of Hitler up in the their cubicle,” an employer couldn’t prevent it, he said.
The bill is currently in the Labor Committee, where it is expected to be amended but recommended for a full vote of the Legislature.
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