Court Victory Protects Captive Audience Law

A major court victory for workers was won last week upholding Connecticut's “captive audience” law that protects workers against employer intimidation when organizing into unions. A federal district court judge dismissed the Connecticut Business and Industry Association (CBIA) and U.S. Chamber of Commerce’s challenge to the law.

“This federal court decision is a major victory for working people across Connecticut” said Connecticut AFL-CIO president Ed Hawthorne.

“This law ensures that workers can make their own decisions about forming a union without fear of employer intimidation and harassment. Far too often, when workers attempt to form a union, management used to be able to force workers to attend closed-door captive audience meetings where they would frequently threaten business closures, wage cuts, layoffs, and more,” he said, adding “No employer should be able to force a worker to attend a meeting to coerce their opinions on religion, politics, or union organizing. And no worker should fear retaliation simply for exercising their right to join a union.

Hawthorne appreciated the work of Attorney General William Tong “for standing up to powerful business interests and defending workers from being forced into captive audience meetings. As worker protections are eroded at the federal level, it's critical to have a champion for working people.”

After years of organizing by the labor movement, in 2022 the State Legislature enacted the bill giving workers the right to leave employer mandated meetings and return to work when the subject is about an employer’s politics, religion or union organizing.

CBIA and the U.S. Chamber of Commerce filed a federal lawsuit challenging the statute.

U.S. District Judge Kari A. Dooley dismissed the case last week, finding that CBIA's First Amendment rights to speak to its employees are not impacted by the law.

“Workers should not be forced to listen to their employer’s religious or political views—including anti-union rhetoric. Connecticut’s captive audience statute is both lawful and necessary, and the Office of the Attorney General will continue to defend the state’s ability to protect workers’ rights,” said Tong, greeting the decision.