Full Text of SB3649 103rd General Assembly
SB3649enr 103RD GENERAL ASSEMBLY | | | SB3649 Enrolled | | LRB103 36890 SPS 67002 b |
|
| 1 | | AN ACT concerning employment. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 1. Short title. This Act may be cited as the Worker | 5 | | Freedom of Speech Act. | 6 | | Section 5. Findings; legislative intent. | 7 | | (a) The General Assembly finds that it is in the public | 8 | | policy interests of the State for all working Illinoisans to | 9 | | have protections from mandatory participation in | 10 | | employer-sponsored meetings if the meeting is designed to | 11 | | communicate an employer's position on religious or political | 12 | | matters. | 13 | | (b) Employees should not be subject to intimidation | 14 | | tactics, acts of retaliation, discipline, or discharge from | 15 | | their employer for choosing not to participate in | 16 | | employer-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 given in Section 2 of the | 21 | | Illinois Wage Payment and Collection Act. | 22 | | "Employer" has the meaning given in Section 2 of the |
| | | SB3649 Enrolled | - 2 - | LRB103 36890 SPS 67002 b |
|
| 1 | | Illinois Wage Payment and Collection Act. "Employer" includes | 2 | | the State or any political subdivision of the State, unit of | 3 | | local government, or State or local government agency. | 4 | | "Interested party" means an organization that monitors or | 5 | | is attentive to compliance with public or worker safety laws, | 6 | | wage and hour requirements, or other statutory requirements. | 7 | | "Political matters" means matters relating to elections | 8 | | for political office, political parties, proposals to change | 9 | | legislation, proposals to change regulations, proposals to | 10 | | change public policy, and the decision to join or support any | 11 | | political party or political, civic, community, fraternal, or | 12 | | labor organization. | 13 | | "Religious matters" means matters relating to religious | 14 | | belief, affiliation, and practice and the decision to join or | 15 | | support any religious organization or association. | 16 | | "Voluntary" means, with respect to an action, that the | 17 | | action is not: | 18 | | (1) incentivized by a positive change in any | 19 | | employment condition, including, but not limited to, any | 20 | | form of compensation or any other benefit of employment; | 21 | | and | 22 | | (2) taken under threat of a negative change in any | 23 | | employment condition for non-attendance, including, but | 24 | | not limited to, the provisions set forth in Section 15, | 25 | | any negative performance evaluation, or any other adverse | 26 | | change in any form of compensation or any other benefit of |
| | | SB3649 Enrolled | - 3 - | LRB103 36890 SPS 67002 b |
|
| 1 | | employment. | 2 | | Section 15. Employee protections. An employer or the | 3 | | employer's agent, representative, or designee may not | 4 | | discharge, discipline, or otherwise penalize, threaten to | 5 | | discharge, discipline, or otherwise penalize, or take any | 6 | | adverse employment action against an employee: | 7 | | (1) because the employee declines to attend or | 8 | | participate in an employer-sponsored meeting or declines | 9 | | to receive or listen to communications from the employer | 10 | | or the agent, representative, or designee of the employer | 11 | | if the meeting or communication is to communicate the | 12 | | opinion of the employer about religious matters or | 13 | | political matters; | 14 | | (2) as a means of inducing an employee to attend or | 15 | | participate in meetings or receive or listen to | 16 | | communications described in paragraph (1); or | 17 | | (3) because the employee, or a person acting on behalf | 18 | | of the employee, makes a good faith report, orally or in | 19 | | writing, of a violation or a suspected violation of this | 20 | | Act. | 21 | | Section 20. Right of action. An aggrieved employee may | 22 | | bring a civil action to enforce any provision of this Act no | 23 | | later than one year after the date of the alleged violation. A | 24 | | civil action may be brought by one or more employees for and on |
| | | SB3649 Enrolled | - 4 - | LRB103 36890 SPS 67002 b |
|
| 1 | | behalf of themselves and other employees similarly situated. | 2 | | The court may award a prevailing employee all appropriate | 3 | | relief, including injunctive relief, reinstatement to the | 4 | | employee's former position or an equivalent position, back | 5 | | pay, reestablishment of any employee benefits, including | 6 | | seniority, to which the employee would otherwise have been | 7 | | eligible if the violation had not occurred, and any other | 8 | | appropriate relief as deemed necessary by the court to make | 9 | | the employee whole. The court shall award a prevailing | 10 | | employee reasonable attorney's fees and costs. | 11 | | Section 25. Powers of the Department and civil penalties. | 12 | | (a) The Department shall inquire into any alleged | 13 | | violations of this Act, brought to its attention by an | 14 | | interested party, to institute the actions for the penalties | 15 | | provided in this Section and to enforce the provisions of this | 16 | | Act. In addition to the relief set forth in Section 20, an | 17 | | employer shall be assessed a civil penalty of $1,000 for each | 18 | | violation of Section 15, payable to the Department. Each | 19 | | employee who is subject to a violation of Section 15 shall | 20 | | constitute a separate violation. | 21 | | (b) Upon a reasonable belief that an employer covered by | 22 | | this Act is in violation of any part of this Act, an interested | 23 | | party may assert that a violation of this Act has occurred and | 24 | | bring an action for penalties in the county where the | 25 | | violation is alleged to have occurred or where the principal |
| | | SB3649 Enrolled | - 5 - | LRB103 36890 SPS 67002 b |
|
| 1 | | office of the employer is located, pursuant to the following | 2 | | sequence of events: | 3 | | (1) The interested party submits to the Department a | 4 | | complaint describing the violation and naming the employer | 5 | | alleged to have violated this Act. | 6 | | (2) The Department sends notice of complaint to the | 7 | | named party alleged to have violated this Act and the | 8 | | interested party. The named party may either contest the | 9 | | alleged violation or cure the alleged violation. | 10 | | (3) The named party contests or cures the alleged | 11 | | violation within 30 days after the receipt of the notice | 12 | | of complaint or, if the named party does not respond | 13 | | within 30 days, the Department issues a notice of right to | 14 | | sue to the interested party as described in paragraph (4). | 15 | | (4) The Department issues a notice of right to sue to | 16 | | the interested party, if one or more of the following has | 17 | | occurred: | 18 | | (A) the named party has cured the alleged | 19 | | violation to the satisfaction of the Director; | 20 | | (B) the Director has determined that the | 21 | | allegation is unjustified or that the Department does | 22 | | not have jurisdiction over the matter or the parties; | 23 | | or | 24 | | (C) the Director has determined that the | 25 | | allegation is justified or has not made a | 26 | | determination, and either has decided not to exercise |
| | | SB3649 Enrolled | - 6 - | LRB103 36890 SPS 67002 b |
|
| 1 | | jurisdiction over the matter or has concluded | 2 | | administrative enforcement of the matter. | 3 | | (c) If, within 180 days after service of the notice of | 4 | | complaint to the parties, the Department has not (i) resolved | 5 | | the contest and cure period, (ii) with the mutual agreement of | 6 | | the parties, extended the time for the named party to cure the | 7 | | violation and resolve the complaint, or (iii) issued a right | 8 | | to sue letter, the interested party may initiate a civil | 9 | | action for penalties. The parties may extend the 180-day | 10 | | period by mutual agreement. The limitations period for the | 11 | | interested party to bring an action for the alleged violation | 12 | | of this Act shall be tolled for the 180-day period and for the | 13 | | period of any mutually agreed extensions. At the end of the | 14 | | 180-day period, or any mutually agreed extensions, the | 15 | | Department shall issue a right to sue letter to the interested | 16 | | party. | 17 | | (d) Any claim or action filed under this Section must be | 18 | | made within 3 years after the alleged conduct resulting in the | 19 | | complaint plus any period for which the limitations period has | 20 | | been tolled. | 21 | | (e) In an action brought under this Section, an interested | 22 | | party may recover against the employer any statutory penalties | 23 | | set forth in subsection (a) and injunctive relief. An | 24 | | interested party who prevails in a civil action shall receive | 25 | | 10% of any statutory penalties assessed, plus any attorney's | 26 | | fees and expenses in bringing the action. |
| | | SB3649 Enrolled | - 7 - | LRB103 36890 SPS 67002 b |
|
| 1 | | (f) Nothing in this Section shall be construed to prevent | 2 | | an employee from bringing a civil action for the employee's | 3 | | own claim for a violation of this Act as described in Section | 4 | | 20. | 5 | | Section 30. Notice. Within 30 days after the effective | 6 | | date of this Act, an employer shall post and keep posted a | 7 | | notice of employee rights under this Act where employee | 8 | | notices are customarily placed. | 9 | | Section 35. Exceptions. Nothing in this Act: | 10 | | (1) prohibits communications of information that the | 11 | | employer is required by law to communicate, but only to | 12 | | the extent of the lawful requirement; | 13 | | (2) limits the rights of an employer or its agent, | 14 | | representative, or designee to conduct meetings involving | 15 | | religious matters or political matters, so long as | 16 | | attendance is voluntary, or to engage in communications, | 17 | | so long as receipt or listening is voluntary; | 18 | | (3) limits the rights of an employer or its agent, | 19 | | representative, or designee from communicating to its | 20 | | employees any information that is necessary for the | 21 | | employees to perform their required job duties; | 22 | | (4) prohibit an employer or its agent, representative, | 23 | | or designee from requiring its employees to attend any | 24 | | training intended to foster a civil and collaborative |
| | | SB3649 Enrolled | - 8 - | LRB103 36890 SPS 67002 b |
|
| 1 | | workplace or reduce or prevent workplace harassment or | 2 | | discrimination; | 3 | | (5) prohibits an institution of higher education, or | 4 | | any agent, representative, or designee of the institution, | 5 | | from conducting meetings or participating in any | 6 | | communications with its employees concerning any | 7 | | coursework, symposia, research, publication, or an | 8 | | academic program at the institution; | 9 | | (6) prohibits a political organization, a political | 10 | | party organization, a caucus organization, a candidate's | 11 | | political organization, or a not-for-profit organization | 12 | | that is exempt from taxation under Section 501(c)(4), | 13 | | 501(c)(5), or 501(c)(6) of the Internal Revenue Code from | 14 | | requiring its staff or employees to attend an | 15 | | employer-sponsored meeting or participate in any | 16 | | communication with the employer or the employer's agent, | 17 | | representative or designee for the purpose of | 18 | | communicating the employer's political tenets or purposes; | 19 | | (7) prohibits the General Assembly or a State or local | 20 | | legislative or regulatory body from requiring their | 21 | | employees to attend an employer-sponsored meeting or | 22 | | participate in any communication with the employer or the | 23 | | employer's agent, representative, or designee for the | 24 | | purpose of communicating the employer's proposals to | 25 | | change legislation, proposals to change regulations, or | 26 | | proposals to change public policy; or |
| | | SB3649 Enrolled | - 9 - | LRB103 36890 SPS 67002 b |
|
| 1 | | (8) prohibits a religious organization from requiring | 2 | | its employees to attend an employer-sponsored meeting or | 3 | | participate in any communication with the employer or the | 4 | | employer's agent, representative or designee for the | 5 | | purpose of communicating the employer's religious beliefs, | 6 | | practices, or tenets. |
|