On March 5, Associate Policy Director testified before the Government, Labor, and Elections Committee in opposition to HB 1356 – Labor and Employment – Civic and Related Activities – Protection (Maryland Employee Civic Activity and Lawful Expression Protection Act).
This bill imposes unreasonable restrictions on counties as employers by prohibiting adverse action against any employee who engages in broadly defined “political activity,” “civic activity,” or “lawful expression.”
While counties support employees’ constitutional rights to free speech and civic participation, this measure goes significantly beyond existing constitutional standards governing public employers. The bill would create new presumptions, legal standards, and potential damages tied to employment actions, which counties believe could introduce legal uncertainty and limit the ability of public employers to manage their workforce and maintain public trust in government operations.
Public employers are not similarly situated to private-sector employers.
Counties provide essential public services and must maintain operational continuity, workplace safety, and public confidence and trust in the integrity and neutrality of government operations. HB 1356 represents an overbroad and litigation-prone mandate that would materially affect local government operations and expose counties to significant fiscal and legal risk.
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