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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0857*
SENATE BILL 857
K3 6lr1767
CF 6lr1733
By: Senator Waldstreicher
Introduced and read first time: February 6, 2026
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Labor and Employment – Civic and Related Activities – Protection 2
(Maryland Employee Civic Activity and Lawful Expression Protection Act) 3
FOR the purpose of authorizing an employer to require an applicant to disclose the 4
applicant’s engagement in certain actions only if the disclosure is related to specific 5
job requirements; prohibiting an employer from taking certain adverse action 6
against an employee if the employee engages in certain activity; and generally 7
relating to protection for employees for civic activity. 8
BY adding to 9
Article – Labor and Employment 10
Section 3–1901 through 3–1908 to be under the new subtitle “Subtitle 19. Maryland 11
Employee Civic Activity and Lawful Expression Protection Act” 12
Annotated Code of Maryland 13
(2025 Replacement Volume) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Labor and Employment 17
SUBTITLE 19. MARYLAND EMPLOYEE CIVIC ACTIVITY AND LAWFUL EXPRESSION 18
PROTECTION ACT. 19
3–1901. 20
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
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(B) “ADVERSE ACTION ” INCLUDES DISCHARGE , DEMOTION, DISCIPLINE, 1
FAILURE TO PROMOTE , REDUCTION OF COMPENS ATION, REASSIGNMENT WITH 2
MATERIALLY ADVERSE T ERMS, OR ANY OTHER ACTION THAT WOULD DISSUADE A 3
REASONABLE INDIVIDUAL FROM ENGAGING IN A CTIVITY PROTECTED UN DER THIS 4
SUBTITLE. 5
(C) “CIVIC ACTIVITY ” MEANS A LAWFUL EFFOR T TO INFLUENCE PUBLI C 6
POLICY, SOCIAL CONDITIONS , GOVERNMENT ACTION , ELECTIONS, CORPORATE 7
ACCOUNTABILITY, OR COMMUNITY WELFARE, INCLUDING CHARITABLE ACTIVITY 8
RELATED TO THOSE PURPOSES. 9
(D) “EMPLOYEE” INCLUDES: 10
(1) AN APPRENTICE; 11
(2) AN INTERN; 12
(3) A PART–TIME EMPLOYEE; AND 13
(4) A TEMPORARY EMPLOYEE. 14
(E) “EMPLOYER” INCLUDES: 15
(1) A UNIT OF STATE OR LOCAL GOVERNMENT; AND 16
(2) A PERSON THAT ACTS DIRECTLY OR INDIRECTLY IN THE INTEREST 17
OF ANOTHER EMPLOYER WITH AN EMPLOYEE. 18
(F) “LAWFUL EXPRESSION” INCLUDES: 19
(1) ASSEMBLY; 20
(2) ASSOCIATION; 21
(3) CONTRIBUTIONS OR THE REFUSAL TO CONTRIBUTE; 22
(4) SPEECH; 23
(5) SYMBOLIC CONDUCT; AND 24
(6) CONDUCT LISTED UNDER ITEM (1), (2), (3), (4), OR (5) OF THIS 25
SUBSECTION THAT IS ENGAGED IN DIGITALLY OR ONLINE. 26
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(G) “OFF–DUTY CIVIC ACTIVITY ” MEANS A CIVIC ACTIVI TY IN WHICH THE 1
EMPLOYEE ENGAGES OUTSIDE WORK HOURS, OFF THE EMPLOYER’S PREMISES, AND 2
WITHOUT USE OF THE EMPLOYER’S EQUIPMENT OR OTHER PROPERTY UNLESS THE 3
USE IS EXPRESSLY AUTHORIZED BY THE EMPLOYER. 4
(H) “POLITICAL ACTIVITY” INCLUDES: 5
(1) BALLOT INITIATIVE OR REFERENDUM ADVOCACY; 6
(2) CAMPAIGNING; 7
(3) CANVASSING; 8
(4) FUNDRAISING; 9
(5) ONLINE POLITICAL COMMUNICATIONS; 10
(6) PETITIONING; 11
(7) PROVIDING OR PREPARI NG LEGISLATIVE OR AD MINISTRATIVE 12
TESTIMONY; 13
(8) RUNNING FOR PUBLIC OFFICE; 14
(9) SYMBOLIC POLITICAL EXPRESSION; AND 15
(10) VOLUNTEERING. 16
3–1902. 17
(A) THIS SUBTITLE DOES NOT APPLY WITH RESPECT TO CONDUCT THAT: 18
(1) MATERIALLY AND DEMON STRABLY PREVENTS THE EMPLOYEE 19
FROM PERFORMING BONA FIDE JOB DUTIES; 20
(2) REVEALS TRADE SECRETS OR PROPRIETARY INFORMATION; 21
(3) CONSTITUTES UNLAWFUL HARASSMENT, THREATS, OR VIOLENCE; 22
OR 23
(4) VIOLATES STATUTORY C ONFIDENTIALITY OR PR OFESSIONAL 24
RESPONSIBILITY OBLIGATIONS. 25
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(B) THE EMPLOYER HAS THE BURDEN TO PROVE THAT CONDUCT BY AN 1
EMPLOYEE IS EXEMPT F ROM THE APPLICATION OF THIS S UBTITLE UNDER 2
SUBSECTION (A) OF THIS SECTION BY A PREPONDERANCE OF EVIDENCE. 3
3–1903. 4
(A) AN EMPLOYER MAY REQUI RE AN APPLICANT TO D ISCLOSE THE 5
APPLICANT’S ENGAGEMENT IN POLI TICAL ACTIVITY, CIVIC ACTIVITY, OR LAWFUL 6
EXPRESSION ONLY IF T HE DISCLOSURE IS RE LATED TO SPECIFIC JO B 7
REQUIREMENTS. 8
(B) FOR POSITIONS SUBJECT TO STATUTORY OR REGU LATORY SPEECH 9
RESTRICTIONS, AN EMPLOYER MAY IMPO SE JOB–RELATED RESTRICTIONS ONLY IF 10
THE RESTRICTIONS ARE NARROWLY TAILORED TO ACHIEVE A LEGITIMATE 11
GOVERNMENT INTEREST. 12
3–1904. 13
(A) AN EMPLOYER MAY NOT: 14
(1) TAKE AN ADVERSE ACTION AGAINST AN EMPLOYEE BECAUSE THE 15
EMPLOYEE ENGAGES IN POLITICAL ACTIVITY , CIVIC ACTIVITY , OR LAWFUL 16
EXPRESSION; 17
(2) RETALIATE AGAINST AN EMPLOYEE FOR REFUSIN G TO 18
PARTICIPATE IN EMPLO YER–FAVORED POLITICAL ACTIVITY , ENDORSEMENTS, 19
DONATIONS, OR CAPTIVE–AUDIENCE MEETINGS; 20
(3) MAINTAIN OR ENFORCE A POLICY THAT RESTRI CTS LAWFUL 21
OFF–DUTY CIVIC ACTIVITY PROTECTED UNDER THIS TITLE; OR 22
(4) MAINTAIN, SHARE, OR USE A LIST OR DAT ABASE TO 23
DISADVANTAGE AN EMPLOYEE OR APPLI CANT BECAUSE OF ACTI VITY PROTECTED 24
UNDER THIS SUBTITLE IN WHICH THE EMPLOYEE OR APPLICANT HAS ENGAGED. 25
(B) AN EMPLOYER MAY NOT COERCE AN EMPLOYEE TO: 26
(1) MAKE POLITICAL CONTRIBUTIONS; 27
(2) ATTEND POLITICAL OR PUBLIC–RELATIONS EVENTS; 28
(3) ENDORSE OR OPPOSE A CANDIDATE, PARTY, CAUSE, OR PUBLIC 29
POLICY; OR 30
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(4) SIGN, PUBLISH, OR DISSEMINATE POLIT ICAL STATEMENTS AS A 1
CONDITION OF EMPLOYMENT. 2
3–1905. 3
(A) (1) AN INDIVIDUAL AGGRIEV ED BY AN EMPLOYER ’S VIOLATION OF 4
THIS SUBTITLE MAY BRING A CIVIL ACTION IN A CIRCUIT COURT FOR APPROPRIATE 5
INJUNCTIVE RELIEF AND DAMAGES. 6
(2) AN INDIVIDUAL MAY NOT BE REQUIRED TO EXHAU ST ALL 7
ADMINISTRATIVE REMEDIES TO FILE AN ACTIO N UNDER PARAGRAPH (1) OF THIS 8
SUBSECTION. 9
(3) (I) AN ACTION UNDER PARAG RAPH (1) OF THIS SUBSECTION 10
MAY BE BROUGHT INDIV IDUALLY, JOINTLY, OR AS A CLASS IN ACC ORDANCE WITH 11
MARYLAND RULE 2–231. 12
(II) IN A CLASS ACTION CHALLENGING EMPLOYER POLICIES OR 13
PATTERNS AND PRACTICE S, THE COURT SHALL LIBE RALLY CONSTRUE 14
CERTIFICATION. 15
(B) (1) IF AN EMPLOYER IS FOUND TO HAVE DISCHARGED AN EMPLOYEE 16
IN VIOLATION OF THIS SUBTITLE, THE COURT SHALL AWAR D THE EMPLOYEE A 17
MINIMUM OF THREE TIMES LOST WAGES PLUS 1 YEAR OF WAGES. 18
(2) A COURT MAY NOT USE EVIDENCE OF MITIGATION TO REDUCE THE 19
MINIMUM AWARD REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION. 20
(C) IN ADDITION TO ANY OTHER RELIEF, THE COURT MAY AWARD: 21
(1) REINSTATEMENT TO THE SAME POSITION OR AN EQUIVALENT 22
POSITION; 23
(2) BACK PAY, INCLUDING LOST WAGES AND BENEFITS; 24
(3) FRONT PAY WHEN REINSTATEMENT IS IMPRACTICABLE; 25
(4) COMPENSATORY DAMAGES FOR EMOTIONAL DISTRE SS, 26
REPUTATIONAL HARM, AND OTHER CONSEQUENTIAL DAMAGES; 27
(5) TREBLE DAMAGES ATTRI BUTABLE TO WAGES LOS T DUE TO THE 28
UNLAWFUL ADVERSE ACTION; 29
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(6) PUNITIVE DAMAGES FOR WILLFUL OR MALICIOUS VIOLATIONS; 1
(7) REASONABLE ATTORNEY’S FEES AND LITIGATION COSTS; AND 2
(8) EXPUNGEMENT OF DISCIPLINARY RECORDS. 3
(D) ADVERSE ACTION TAKEN AGA INST AN EMPLOYEE WIT HIN 120 DAYS 4
AFTER THE EMPLOYEE E NGAGES IN ACTIVITY P ROTECTED UNDER THIS SUBTITLE 5
CREATES A REBUTTABLE PRESUMPTION OF RETALIATION. 6
(E) AN ACTION UNDER THIS TITLE SHALL BE FILED WITHIN 2 YEARS AFTER 7
THE ALLEGED VIOLATION. 8
3–1906. 9
(A) IF AN INDIVIDUAL BELI EVES THAT AN EMPLOYE R HAS VIOLATED THIS 10
SUBTITLE, THE INDIVIDUAL MAY F ILE A COMPLAINT WITH THE ATTORNEY 11
GENERAL. 12
(B) IF THE ATTORNEY GENERAL RECEIVES A CO MPLAINT UNDER THIS 13
SUBTITLE, THE ATTORNEY GENERAL MAY INV ESTIGATE AND USE ALL LEGAL 14
REMEDIES AVAILABLE. 15
3–1907. 16
(A) A WAIVER OR LIMITATION OF RIGHTS PROTECTED UNDER THIS TITLE IS 17
NULL AND VOID AS BEING AGAINST THE PUBLIC POLICY OF THE STATE. 18
(B) AN AGREEMENT TO ARBITRATE MAY NOT WAIVE O R DIMINISH A RIGHT 19
OR REMEDY PROVIDED UNDER THIS SUBTITLE. 20
3–1908. 21
EACH EMPLOYER WITH 50 OR MORE EMPLOYEES SHALL: 22
(1) POST IN A PLACE ACCE SSIBLE BY ALL EMPLOY EES AND IN A 23
LANGUAGE THE MAJORIT Y OF EMPLOYEES UNDER STAND A NOTICE OF TH E 24
PROTECTIONS ESTABLIS HED UNDER THIS S UBTITLE DEVELOPED BY THE 25
DEPARTMENT; AND 26
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(2) ON OR BEFORE JANUARY 1 EACH YEAR , ELECTRONICALLY 1
PROVIDE THE NOTICE D ESCRIBED UNDER ITEM (1) OF THIS SECTION TO E ACH 2
EMPLOYEE. 3
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 4
the application of any provision of this Act to any person or circumstance is held invalid for 5
any reason in a court of competent jurisdiction, the invalidity does not affect other 6
provisions or any other application of this Act that can be given effect witho ut the invalid 7
provision or application, and for this purpose the provisions of this Act are declared 8
severable. 9
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2026. 11