103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3649

 

Introduced 2/9/2024, by Sen. Robert Peters

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Worker Freedom of Speech Act. Provides that an employer or the employer's agent, representative, or designee may not discharge, discipline, or otherwise penalize, threaten to discharge, discipline, or otherwise penalize, or take any adverse employment action against an employee: (1) because the employee declines to attend or participate in an employer-sponsored meeting or declines to receive or listen to communications from the employer or the agent, representative, or designee of the employer if the meeting or communication is to communicate the opinion of the employer about religious or political matters; (2) as a means of inducing an employee to attend or participate in meetings or receive or listen to communications; or (3) because the employee, or a person acting on behalf of the employee, makes a good faith report, orally or in writing, of a violation or a suspected violation of the Act. Provides for a private right of action to enforce the provisions of the Act. Sets forth the duties and powers of the Department of Labor under the Act. Provides that, within 30 days after the effective date of the Act, an employer shall post and keep posted a notice of employee rights under the Act where employee notices are customarily placed. Provides for exceptions under the Act.


LRB103 36890 SPS 67002 b

 

 

A BILL FOR

 

SB3649LRB103 36890 SPS 67002 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Worker
5Freedom of Speech Act.
 
6    Section 5. Findings; legislative intent.
7    (a) The General Assembly finds that it is in the public
8policy interests of the State for all working Illinoisans to
9have protections from mandatory participation in
10employer-sponsored meetings if the meeting is designed to
11communicate an employer's position on religious or political
12matters.
13    (b) Employees should not be subject to intimidation
14tactics, acts of retaliation, discipline, or discharge from
15their employer for choosing not to participate in
16employer-sponsored meetings.
 
17    Section 10. Definitions. As used in this Act:
18    "Department" means the Department of Labor.
19    "Director" means the Director of Labor.
20    "Employee" has the meaning set forth in Section 2 of the
21Illinois Wage Payment and Collection Act.
22    "Employer" has the meaning set forth in Section 2 of the

 

 

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1Illinois Wage Payment and Collection Act. "Employer" also
2means the State or any political subdivision of the State,
3unit of local government, or State or local government agency.
4    "Political matters" means matters relating to elections
5for political office, political parties, proposals to change
6legislation, proposals to change regulations, proposals to
7change public policy, and the decision to join or support any
8political party or political, civic, community, fraternal, or
9labor organization.
10    "Religious matters" means matters relating to religious
11belief, affiliation, and practice and the decision to join or
12support any religious organization or association.
 
13    Section 15. Employee protections. An employer or the
14employer's agent, representative, or designee may not
15discharge, discipline, or otherwise penalize, threaten to
16discharge, discipline, or otherwise penalize, or take any
17adverse employment action against an employee:
18        (1) because the employee declines to attend or
19    participate in an employer-sponsored meeting or declines
20    to receive or listen to communications from the employer
21    or the agent, representative, or designee of the employer
22    if the meeting or communication is to communicate the
23    opinion of the employer about religious or political
24    matters;
25        (2) as a means of inducing an employee to attend or

 

 

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1    participate in meetings or receive or listen to
2    communications described in paragraph (1); or
3        (3) because the employee, or a person acting on behalf
4    of the employee, makes a good faith report, orally or in
5    writing, of a violation or a suspected violation of this
6    Act.
 
7    Section 20. Right of action. An aggrieved employee may
8bring a civil action to enforce any provision of this Act no
9later than 90 days after the date of the alleged violation in
10the circuit court where the violation is alleged to have
11occurred or where the principal office of the employer is
12located. A civil action may be brought by one or more employees
13for and on behalf of themselves and other employees similarly
14situated. The court may award a prevailing employee all
15appropriate relief, including injunctive relief, reinstatement
16to the employee's former position or an equivalent position,
17back pay, reestablishment of any employee benefits, including
18seniority, to which the employee would otherwise have been
19eligible if the violation had not occurred, and any other
20appropriate relief as deemed necessary by the court to make
21the employee whole. The court shall award a prevailing
22employee reasonable attorney fees and costs.
 
23    Section 25. Powers of the Department.
24    (a) It shall be the duty of the Department to inquire

 

 

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1diligently into any alleged violations of this Act, to
2institute the actions for the penalties provided in this
3Section, and to enforce the provisions of this Act.
4    (b) An employee may file a complaint with the Department
5alleging violations of this Act by submitting a signed,
6completed complaint on the form provided by the Department and
7by submitting copies of all supporting documentation. A
8complaint shall be filed within one year after the date of the
9violation. The Department shall review a complaint to
10determine whether there is cause and sufficient resources for
11investigation.
12    (c) The Department shall have the following powers:
13        (1) Investigate and attempt equitably to adjust
14    controversies between employees and employers regarding
15    claims arising under this Act, including administering
16    oaths, subpoenaing and examining witnesses, issuing
17    subpoenas duces tecum requiring the production of books,
18    papers, records, and documents as may be evidence of any
19    matter under inquiry, and examining and inspecting the
20    books, papers, records, and documents as may relate to the
21    question in dispute. Service of subpoenas shall be made by
22    any sheriff or any person. Any court in this State, upon
23    the application of the Department, may compel attendance
24    of witnesses, the production of books and papers, and the
25    giving of testimony before the Department by attachment
26    for contempt or in any other way as the production of

 

 

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1    evidence may be compelled before the court.
2        (2) Take complaints of claims arising under this Act
3    in the name of the Director and his or her successors in
4    office and prosecute actions for relief for persons
5    financially unable to prosecute the claims when in the
6    judgment of the Department the claims are valid and
7    enforceable in the courts. No court costs or any fees for
8    necessary process and proceedings shall be payable in
9    advance by the Department for prosecuting the actions. If
10    there is a judgment rendered against the defendant, the
11    court shall assess as part of the judgment the costs of the
12    proceeding. Upon collection of the judgment, the
13    Department shall pay from the proceeds of the judgment the
14    costs to the person who is by law entitled to
15    compensation. The Department may join in a single
16    proceeding any number of claims against the same employer,
17    but the court shall have discretionary power to order a
18    severance or separate trial for hearings.
19        (3) Make complaint in any court of competent
20    jurisdiction of violations of this Act.
21    In addition to these powers, subject to appropriation, the
22Department may establish an administrative procedure to
23adjudicate claims and to issue final and binding
24administrative decisions on claims subject to the
25Administrative Review Law. To establish the procedure, the
26Director or the Director's authorized representative may adopt

 

 

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1rules. The adoption, amendment, or rescission of rules for the
2procedure shall be in conformity with the requirements of the
3Illinois Administrative Procedure Act. If a final and binding
4administrative decision issued by the Department requires an
5employer or other party to pay wages, penalties, or other
6amounts in connection with a claim, and the employer or other
7party has neither: (i) made the required payment within 35
8days after the issuance of the final and binding
9administrative decision; nor (ii) timely filed a complaint
10seeking review of the final and binding administrative
11decision pursuant to the Administrative Review Law in a court
12of competent jurisdiction, the Department may file a verified
13petition against the employer or other party to enforce the
14final administrative decision and to collect any amounts due
15in connection therewith in the circuit court of any county
16where an official office of the Department is located.
17    (d) Nothing in this Section shall be construed to prevent
18an employee from bringing a civil action for his or her own
19claim for a violation of the Act as described in Sectio
n 20.
20    (e) Nothing in this Section shall be construed to limit
21the authority of the State's Attorney of any county to
22prosecute an action for violation of this Act or to enforce the
23provisions of this Act independently and without specific
24direction of the Department.
 
25    Section 30. Notice. Within 30 days after the effective

 

 

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1date of this Act, an employer shall post and keep posted a
2notice of employee rights under this Act where employee
3notices are customarily placed.
 
4    Section 35. Exceptions. This Act does not:
5        (1) prohibit communications of information that the
6    employer is required by law to communicate, but only to
7    the extent of the lawful requirement;
8        (2) limit the rights of an employer or its agent,
9    representative, or designee to conduct meetings involving
10    religious or political matters so long as attendance is
11    wholly voluntary or to engage in communications so long as
12    receipt or listening is wholly voluntary; or
13        (3) limit the rights of an employer or its agent,
14    representative, or designee from communicating to its
15    employees any information that is necessary for the
16    employees to perform his or her lawfully required job
17    duties.