New Jersey: Expanded protections for employee expression

At a glance

• The updated law reinforces protections against employer-mandated participation in political or religious discussions, promoting workplace neutrality.
• Employers are prohibited from requiring employees to engage in communications about the employer’s views on religious or political matters.
• Communications that are legally required, job-related, or part of anti-harassment / discrimination training are exempt.
• 'Political matters' now include electioneering, and decisions to join or support political, civic, community, fraternal, or labor organizations.

A recent New Jersey law amends the state’s captive audience law, which prohibits an employer from requiring employee participation in communications regarding the employer's opinion about religious or political matters. The legislation exempts communications that are legally required or necessary for performing required job duties and training to reduce or prevent unlawful harassment or discrimination. It also revises the definition of 'political matters' to mean matters related to an electioneering communication or an employee's decision to join or support any political party or political, civic, community, fraternal, or labor organization or association.