New Wisconsin Law Prohibits Discrimination Against Employees For Failure to Attend Religious or Political Meetings

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June 11, 2009

As of May 26, 2010, Wisconsin law prohibits employers from discriminating against employees who do not wish to attend religious or political meetings, or take part in any communication regarding religious or political matters. If an employee refuses to attend a religious or political meeting or participate in communications on such matters at the request of the employer, the employer may not terminate or otherwise take adverse action against the employee for such refusal. Any adverse action taken against an employee for refusing to attend such meetings or participate in communications on such matters is now illegal discrimination under Wisconsin’s Fair Employment Act.
In only very limited circumstances can an employer force an employee to attend a  religious or political meeting without engaging in employment discrimination. An employer may require attendance when:
1) the employer is a non-profit religious association, or an organization controlled by such religious association, and the primary purpose of the meeting is to communicate the employer’s religious beliefs, tenets, or practices;
2) the employer is a political organization, and the primary purpose of the meeting is to communicate information about the employer’s political tenets or purposes; or
3) the primary purpose of the meeting or communication is to communicate information about religious matters or political matters that the employer is required by law to communicate and no information is communicated about those matters beyond what is legally required.
This new law does not, however, prohibit an employer from offering meetings or communications about religious or political matters as long as attendance and participation in the communication is strictly voluntary. Therefore, if an employer wishes to hold a political or religious meeting, all employees should be informed that attendance is strictly voluntary and that an employee that chooses not to attend will not be subjected to adverse action for failing to attend or participate.
The above change effects only Wisconsin, not federal law. Because of the newness of the law, we do not believe the Department of Workforce Development, Equal Rights Division, has had time to update its Fair Employment Rights poster. Once done, you can obtain the updated poster from the agency’s website at no charge. In the meantime, you should update any internal equal employment policies that you may have.
If you have questions regarding the above, please contact any of the attorneys in the Employment, Benefits & Labor Relations Practice Group of Ruder Ware.

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