Bill Text: IL SB3649 | 2023-2024 | 103rd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Worker | ||||||
5 | Freedom of Speech Act.
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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.
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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 | ||||||
21 | Illinois Wage Payment and Collection Act. | ||||||
22 | "Employer" has the meaning set forth in Section 2 of the |
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1 | Illinois Wage Payment and Collection Act. "Employer" also | ||||||
2 | means the State or any political subdivision of the State, | ||||||
3 | unit of local government, or State or local government agency. | ||||||
4 | "Political matters" means matters relating to elections | ||||||
5 | for political office, political parties, proposals to change | ||||||
6 | legislation, proposals to change regulations, proposals to | ||||||
7 | change public policy, and the decision to join or support any | ||||||
8 | political party or political, civic, community, fraternal, or | ||||||
9 | labor organization. | ||||||
10 | "Religious matters" means matters relating to religious | ||||||
11 | belief, affiliation, and practice and the decision to join or | ||||||
12 | support any religious organization or association.
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13 | Section 15. Employee protections. An employer or the | ||||||
14 | employer's agent, representative, or designee may not | ||||||
15 | discharge, discipline, or otherwise penalize, threaten to | ||||||
16 | discharge, discipline, or otherwise penalize, or take any | ||||||
17 | adverse 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.
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7 | Section 20. Right of action. An aggrieved employee may | ||||||
8 | bring a civil action to enforce any provision of this Act no | ||||||
9 | later than 90 days after the date of the alleged violation in | ||||||
10 | the circuit court where the violation is alleged to have | ||||||
11 | occurred or where the principal office of the employer is | ||||||
12 | located. A civil action may be brought by one or more employees | ||||||
13 | for and on behalf of themselves and other employees similarly | ||||||
14 | situated. The court may award a prevailing employee all | ||||||
15 | appropriate relief, including injunctive relief, reinstatement | ||||||
16 | to the employee's former position or an equivalent position, | ||||||
17 | back pay, reestablishment of any employee benefits, including | ||||||
18 | seniority, to which the employee would otherwise have been | ||||||
19 | eligible if the violation had not occurred, and any other | ||||||
20 | appropriate relief as deemed necessary by the court to make | ||||||
21 | the employee whole. The court shall award a prevailing | ||||||
22 | employee reasonable attorney fees and costs.
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23 | Section 25. Powers of the Department. | ||||||
24 | (a) It shall be the duty of the Department to inquire |
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1 | diligently into any alleged violations of this Act, to | ||||||
2 | institute the actions for the penalties provided in this | ||||||
3 | Section, and to enforce the provisions of this Act. | ||||||
4 | (b) An employee may file a complaint with the Department | ||||||
5 | alleging violations of this Act by submitting a signed, | ||||||
6 | completed complaint on the form provided by the Department and | ||||||
7 | by submitting copies of all supporting documentation. A | ||||||
8 | complaint shall be filed within one year after the date of the | ||||||
9 | violation. The Department shall review a complaint to | ||||||
10 | determine whether there is cause and sufficient resources for | ||||||
11 | investigation. | ||||||
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 | ||||||
22 | Department may establish an administrative procedure to | ||||||
23 | adjudicate claims and to issue final and binding | ||||||
24 | administrative decisions on claims subject to the | ||||||
25 | Administrative Review Law. To establish the procedure, the | ||||||
26 | Director or the Director's authorized representative may adopt |
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1 | rules. The adoption, amendment, or rescission of rules for the | ||||||
2 | procedure shall be in conformity with the requirements of the | ||||||
3 | Illinois Administrative Procedure Act. If a final and binding | ||||||
4 | administrative decision issued by the Department requires an | ||||||
5 | employer or other party to pay wages, penalties, or other | ||||||
6 | amounts in connection with a claim, and the employer or other | ||||||
7 | party has neither: (i) made the required payment within 35 | ||||||
8 | days after the issuance of the final and binding | ||||||
9 | administrative decision; nor (ii) timely filed a complaint | ||||||
10 | seeking review of the final and binding administrative | ||||||
11 | decision pursuant to the Administrative Review Law in a court | ||||||
12 | of competent jurisdiction, the Department may file a verified | ||||||
13 | petition against the employer or other party to enforce the | ||||||
14 | final administrative decision and to collect any amounts due | ||||||
15 | in connection therewith in the circuit court of any county | ||||||
16 | where an official office of the Department is located. | ||||||
17 | (d) Nothing in this Section shall be construed to prevent | ||||||
18 | an employee from bringing a civil action for his or her own | ||||||
19 | claim for a violation of the Act as described in Sectio | ||||||
n 20. | |||||||
20 | (e) Nothing in this Section shall be construed to limit | ||||||
21 | the authority of the State's Attorney of any county to | ||||||
22 | prosecute an action for violation of this Act or to enforce the | ||||||
23 | provisions of this Act independently and without specific | ||||||
24 | direction of the Department.
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25 | Section 30. Notice. Within 30 days after the effective |
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1 | date of this Act, an employer shall post and keep posted a | ||||||
2 | notice of employee rights under this Act where employee | ||||||
3 | notices are customarily placed.
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