Employment Law Update
Unwilling Listeners: Employees’ Right to Disengage from “Captive Audience” Meetings Under the Maryland Worker Freedom Act
On April 28, 2026, Governor Wes Moore signed House Bill 45 (the “Maryland Worker Freedom Act” or “the Act”) into law, which gives applicants and employees the right to refuse to attend, participate in, or listen to communications regarding religious or political matters at work or other mandatory employer-sponsored meetings (i.e., “captive audience” meetings).
Background
The Maryland Worker Freedom Act was first introduced during the 2025 legislative session, but failed to pass the state Senate, primarily due to the absence of exceptions, which would allow employers to communicate religious or political information under limited circumstances. As discussed below, the newly passed law incorporates those limited exceptions.
Purpose
This bill provides applicants and employees with statutory protection from employer-mandated political or religious meetings in the work environment. It disrupts imbalances of power between employers and employees (and applicants) by making attendance at these meetings optional, “walk outs” permissible, and any type of penalization (including refusal to hire) for failure to attend (or stay) illegal. Employers are still free to host meetings on political and religious matters, they just can’t require anyone to attend.
What counts as a political matter?
- “Political Matters” include the following topics:
- Elections for political office;
- Political parties;
- Proposals to change legislation, regulations, or public policy; or
- The decision to join or support a political party or potential civic, community, fraternal or labor organization.
What counts as a religious matter?
“Religious Matters” are matters relating to:
- Religious belief;
- Religious affiliation;
- Religious practice; or
- The decision to join and support a religious organization or association.
Does the Act apply to all employers?
No, the Act does not apply to:
- (1) religious corporations, organizations, or associations, or; (2) educational institutions or societies that are exempt from the requirements of Title VII or are exempt from complying with Maryland employment discrimination laws;
- political organizations that require its employees to (1) attend employer-sponsored meetings or; (2) participate in communications with the employer, the employer’s agent(s), or other representatives for the purpose of communicating the employer’s political tenets or purposes;
- educational institutions that require students and/or instructors to attend lectures on political or religious matters as part of the regular coursework at the institution;
- nonprofit, tax-exempt training programs that require students and/or instructors to attend classroom instruction, complete fieldwork, or perform community service hours on political or religious matters relating to the mission of the training program;
- employers requiring employees to undergo training to comply with federal or state law, including mandated training under (1) Civil Rights and; (2) Occupational Safety and Health laws; or
- governmental units holding new employee orientation.
Can employers ever discuss political and religious matters with their employees?
The Act is not intended to prohibit an employer from:
- Communicating information as the employer is required by law to communicate;
- Conducting meetings on political or religious matters if attendance and participation are voluntary;
- Communicating information that is necessary for employees to perform their job duties;
- Requiring meetings or participation in communications that are part of coursework or other academic programs or activities if the employer is an Institution of Higher Education or designee; or
- Communicating information to applicants or employees related to policy or law that the employer is responsible for administering if the employer is a governmental unit.
What’s at stake?
If an employer is found to have violated the Act, the Commissioner of Labor and Industry may assess a civil penalty up to $10,000 for an initial violation and up to $25,000 for every subsequent violation. Additional actions include orders to cease and desist, injunctive relief, compensatory damages, orders to reinstate the employee to the same or similar position, back pay and interest, restoration of employee benefits, reasonable attorneys fees and other costs.
Notice requirements
By November 1, 2026, the Commissioner will provide a model notice and poster that outlines the requirements and protections provided under the Act. Employers must provide a copy of the notice to each new employee upon hire and display the poster where notices are customarily posted or in another visible location that is accessible by all employees in the workplace.
What should employers do to prepare?
This Act goes into effect on October 1, 2026, but it is not too early for employers to:
- Review and, if necessary, modify any existing policies relating to meeting attendance;
- Set expectations with managers regarding captive audience meetings;
- Cease attendance mandates at employer-sponsored meetings on political and religious matters; and
- Facilitate training and otherwise communicate with employees about their rights under the Act.
If you have questions about the Maryland Worker Freedom Act, permissible topics at employer-mandated meetings, or other employment law issues, contact Morgan Thomas Harried or Chuck R. Bacharach at the email and phone numbers listed below.
Morgan Thomas Harried
410-576-4192 • mharried@gfrlaw.com
Chuck R. Bacharach
410-576-4169 • cbacharach@gfrlaw.com