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Employment Law Alert: The Maryland Worker Freedom Act is Now in Effect

From the Firm

Maryland has joined several other states in enacting its own “captive audience” law—the Maryland Worker Freedom Act.  Employers that require employees to attend mandatory meetings where the opinion of the employer regarding religious or political matters is discussed should pay particular attention to this new law to avoid significant penalties.

As of October 1, 2026, employers in Maryland are prohibited from discharging, disciplining, or penalizing, or threatening to discharge, discipline, or penalize, an employee for declining to attend, participate in, or listen to communications from the employer in an employer-

sponsored meeting during which the employer (or the employer’s agent, representative, or designee) communicates the opinion of the employer regarding religious or political matters. Notably, the law applies whenever the employer communicates its opinion on these matters during the meeting, even if that is not the meeting’s purpose.

Unlike most other captive audience laws, employers are also prohibited from failing or refusing to hire an applicant for employment because of the applicant’s refusal to attend or participate in such an employer-sponsored meeting.

The term “political matters” is defined in the law as matters relating to elections for political office, political parties, proposals to change legislation, regulations, or public policy, and the decision to join or support a political party or a potential civic, community, fraternal, or labor organization. “Religious matters” means matters relating to religious belief, affiliation, and practice or the decision to join and support a religious organization or association.

Employers may conduct a meeting involving religious or political matters if attendance and participation are voluntary. Employers are also permitted to communicate information that they are required by law to communicate, or that is necessary for employees to perform their job duties. Employers that are institutions of higher education may meet with or participate in communications with their employees that are part of coursework, a symposium, or an academic program at the institution. Employers that are governmental units may communicate to their employees information related to a policy of the employer or a law that the employer is responsible for administering.

Exceptions
This law does not apply to the following employers:

  1. Religious corporations, organizations, associations and educational institutions or societies that are exempt from the requirements of Title VII or are exempt from employment discrimination protections under state law;
  2. Political organizations that require their employees to attend an employer-sponsored meeting or participate in communications with the employer for the purpose of communicating the employer’s political tenets or purposes;
  3. Educational institutions that require a student or instructor to attend lectures on political or religious matters as part of their regular coursework;
  4. Nonprofit, tax-exempt training programs that require a student or instructor to attend classroom instruction, complete fieldwork, or perform community service hours on political or religious matters as they relate to the mission of the training program;
  5. Governmental units holding a new employee orientation; or
  6. Employers requiring 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.

Notice
Employers must notify their employees of the requirements of this law by posting a notice to be published by the Commissioner of Labor and Industry. Employers must also provide the forthcoming notice to each new employee at the time of hire.

Penalties
Employees have 180 days after an employer’s violation to submit a written complaint to the Commissioner.  After receiving a written complaint, the Commissioner will investigate and attempt to resolve the issue informally through mediation.  If the Commissioner is unable to resolve the issue and determines that a violation has occurred, the Commissioner may assess a civil penalty of up to $10,000 for the initial violation or up to $25,000 for subsequent violations.  The Commissioner may also award any other further relief the Commissioner determines appropriate, including injunctive relief, compensatory damages, the reinstatement of the employee to the employee’s former position, backpay plus interest, restoration of benefits, and attorney’s fees and other costs.

Next Steps
Moving forward, employers should ensure that meetings where religious or political matters will be discussed are voluntary.  Managers and supervisors who hold meetings should be informed of the prohibitions under this law.  Employers should also prepare to post the Commissioner’s poster on this law and circulate the notice to new hires once published.