Maryland has recently joined 13 other states in passing what is often referred to as a "captive meetings" law, making it unlawful for most employers in the state to take adverse action against applicants or employees who decline to attend mandatory meetings or listen to other employer communications containing political or religious content.
Signed into law by Gov. Wes Moore on April 28, 2026, the Maryland Worker Freedom Act (SB 417) (the "Act") becomes effective on October 1, 2026. Employers need to understand these new obligations and limitations and act now to avoid costly problems for non-compliance.
What Does the Act Prohibit?
The Act prohibits employers (or their agent, representative, or assignee) from “discharging, disciplining, or otherwise penalizing an employee because the employee declines to participate in or listen to communications from the employer in an employer-sponsored meeting during which the employer communicates the opinion of the employer regarding religious matters or political matters."
In addition, the Act prohibits employers (or their agent, representative, or assignee) from refusing to hire an applicant because the applicant has refused to attend or participate in an employer-sponsored meeting in which the employer expresses its opinion on political and religious matters.
What Are Political and Religious Matters?
As defined in the Act, "Political Matters" means matters relating to:
- 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 a potential civic, community, fraternal, or labor organization.
"Religious Matters" are defined in the Act as "matters relating to religious belief, affiliation, and practice or the decision to join and support a religious organization or association."
Exceptions
The Act contains several exceptions, both as to employers covered and the substance of the communications/meetings.
The following employers are not subject to the Act's prohibitions:
- Religious organizations or educational institutions exempt from Title VII of the Civil Rights Act of 1964 or employment discrimination provisions of the Maryland Human Relations law.
- Political organizations requiring their employees to attend an employer-sponsored meeting or communicate with the employer about its political tenets or purposes.
- An educational institution requiring students or lecturers to attend lectures on political or religious matters as part of regular coursework.
- Non-profit, tax-exempt training programs that required students or instructors to attend classroom instruction, complete fieldwork, or perform community service on political or religious matters pertaining to the mission of the organization.
- Employers who require employees to undergo training to comply with federal or state law, including training related to the employer’s obligations under civil rights laws and occupational safety and health laws.
The Act does not prohibit employers from:
- Communicating information to employees that the employer is required by law to communicate.
- Conducting meetings involving political or religious matters, if applicant/employee attendance and participation are both voluntary.
- Communicating information necessary for the employee to perform their job duties.
- If the employer is an institution of higher education, meeting with or communicating with employees as part of coursework, symposia, or an academic program.
- If the employer is a governmental unit, conducting new-employee orientation or communicating information related to a law or policy that the unit is responsible for administering.
Notice Requirements
Employers covered by the Act must notify employees of the Act's requirements, protections, and remedies by posting a poster or notice developed by the Commissioner of Labor and Industry in a conspicuous place accessible to all employees. Notice must also be provided to new employees at the time of hire.
The Act requires the Commissioner of Labor and Industry to develop and make available a model poster and notice for employers to use in satisfying these posting and notice requirements, on or before November 1, 2026.
An employer's failure to comply with the Act's notice requirement will be considered an aggravating factor in determining remedies and relief for violations, as discussed below.
Remedies and Penalties for Non-Compliance
Violations of the Act can be costly. Aggrieved employees may file a complaint with the Commissioner of Labor within 180 days of the alleged violation. The Commissioner will investigate and attempt to resolve the issue through mediation.
If a violation is confirmed and mediation between the employer and employee fails to resolve the issue, the employer may be subject to civil penalties of up to $10,000 for an initial violation, or up to $25,000 for a subsequent violation. Additionally, injunctive relief, compensatory damages, reinstatement and back pay, restoration of benefits, and reasonable attorney's fees and costs may be awarded.
What Employers Should Do Now
Given the Act's rapidly approaching effective date, Maryland employers should take action now to ensure compliance and avoid violations. This includes working with experienced employment counsel to review and, as necessary, modify communications and mandatory meeting policies, the substantive content of meetings or presentations, and training for key employees on the Act's requirements and limitations.
If you have questions about the Act or would like assistance reviewing your company's current policies and practices, please contact the Employment and Labor Law attorneys at Tydings.