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In 2023, the Minnesota Legislature passed an anti-captive audience law, which prohibits employers from taking any adverse employment action against an employee for refusing or declining to attend meetings or receive communications where an employer shares its opinion "about religious or political matters" and aggrieved employees can file a private right of action against their employers. See Minn. Stat. § 181.531. Under this law, "religious matters" means matters relating to religious belief, affiliation, and practice, and the decision to join or support any religious organization or association. The Minnesota law DOES NOT provide any exception for churches, houses of worship, or other religious organizations, unlike California, Illinois, and Washington, all of which provide exemptions for religious organizations. Recently, the 8th U.S. Circuit Court of Appeals dismissed a challenge to Minnesota's captive audience law.
As this law remains active and unchanged, many questions continue to remain for religious employers regarding its constitutionality (applied to religious organizations). Minnesota religious organizations should discuss this law and its applicability (to both the religious employer and its employees) with legal counsel. This law is a good example of why religious employers must understand their unique legal rights and responsibilities under local, state, and federal laws, and work with professional advisors who understand these differences.
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