Bill Text: IL SB3649 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the engrossed bill with the following changes. Provides that nothing in the Act prohibits an employer or its agent, representative, or designee from requiring its employees to attend any training intended to foster a civil and collaborative workplace or reduce or prevent workplace harassment or discrimination (rather than reduce and prevent workplace harassment or discrimination). Makes changes in provisions concerning the powers of the Department of Labor and civil penalties.

Spectrum: Partisan Bill (Democrat 42-0)

Status: (Passed) 2024-07-31 - Public Act . . . . . . . . . 103-0722 [SB3649 Detail]

Download: Illinois-2023-SB3649-Introduced.html

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

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Illinois Wage Payment and Collection Act. "Employer" also
means the State or any political subdivision of the State,
unit of local government, or State or local government agency.
"Political matters" means matters relating to elections
for political office, political parties, proposals to change
legislation, proposals to change regulations, proposals to
change public policy, and the decision to join or support any
political party or political, civic, community, fraternal, or
labor organization.
"Religious matters" means matters relating to religious
belief, affiliation, and practice and the decision to join or
support any religious organization or association.
Section 15. Employee protections. 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

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participate in meetings or receive or listen to
communications described in paragraph (1); 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 this
Act.
Section 20. Right of action. An aggrieved employee may
bring a civil action to enforce any provision of this Act no
later than 90 days after the date of the alleged violation in
the circuit court where the violation is alleged to have
occurred or where the principal office of the employer is
located. A civil action may be brought by one or more employees
for and on behalf of themselves and other employees similarly
situated. The court may award a prevailing employee all
appropriate relief, including injunctive relief, reinstatement
to the employee's former position or an equivalent position,
back pay, reestablishment of any employee benefits, including
seniority, to which the employee would otherwise have been
eligible if the violation had not occurred, and any other
appropriate relief as deemed necessary by the court to make
the employee whole. The court shall award a prevailing
employee reasonable attorney fees and costs.
Section 25. Powers of the Department.
(a) It shall be the duty of the Department to inquire

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

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

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

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date of this Act, an employer shall post and keep posted a
notice of employee rights under this Act where employee
notices are customarily placed.