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

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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-Chaptered.html

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Public Act 103-0722
SB3649 Enrolled LRB103 36890 SPS 67002 b
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 given in Section 2 of the
Illinois Wage Payment and Collection Act.
"Employer" has the meaning given in Section 2 of the

Illinois Wage Payment and Collection Act. "Employer" includes
the State or any political subdivision of the State, unit of
local government, or State or local government agency.
"Interested party" means an organization that monitors or
is attentive to compliance with public or worker safety laws,
wage and hour requirements, or other statutory requirements.
"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.
"Voluntary" means, with respect to an action, that the
action is not:
(1) incentivized by a positive change in any
employment condition, including, but not limited to, any
form of compensation or any other benefit of employment;
and
(2) taken under threat of a negative change in any
employment condition for non-attendance, including, but
not limited to, the provisions set forth in Section 15,
any negative performance evaluation, or any other adverse
change in any form of compensation or any other benefit of

employment.
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 matters or
political matters;
(2) as a means of inducing an employee to attend or
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 one year after the date of the alleged violation. 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's fees and costs.
Section 25. Powers of the Department and civil penalties.
(a) The Department shall inquire into any alleged
violations of this Act, brought to its attention by an
interested party, to institute the actions for the penalties
provided in this Section and to enforce the provisions of this
Act. In addition to the relief set forth in Section 20, an
employer shall be assessed a civil penalty of $1,000 for each
violation of Section 15, payable to the Department. Each
employee who is subject to a violation of Section 15 shall
constitute a separate violation.
(b) Upon a reasonable belief that an employer covered by
this Act is in violation of any part of this Act, an interested
party may assert that a violation of this Act has occurred and
bring an action for penalties in the county where the
violation is alleged to have occurred or where the principal

office of the employer is located, pursuant to the following
sequence of events:
(1) The interested party submits to the Department a
complaint describing the violation and naming the employer
alleged to have violated this Act.
(2) The Department sends notice of complaint to the
named party alleged to have violated this Act and the
interested party. The named party may either contest the
alleged violation or cure the alleged violation.
(3) The named party contests or cures the alleged
violation within 30 days after the receipt of the notice
of complaint or, if the named party does not respond
within 30 days, the Department issues a notice of right to
sue to the interested party as described in paragraph (4).
(4) The Department issues a notice of right to sue to
the interested party, if one or more of the following has
occurred:
(A) the named party has cured the alleged
violation to the satisfaction of the Director;
(B) the Director has determined that the
allegation is unjustified or that the Department does
not have jurisdiction over the matter or the parties;
or
(C) the Director has determined that the
allegation is justified or has not made a
determination, and either has decided not to exercise

jurisdiction over the matter or has concluded
administrative enforcement of the matter.
(c) If, within 180 days after service of the notice of
complaint to the parties, the Department has not (i) resolved
the contest and cure period, (ii) with the mutual agreement of
the parties, extended the time for the named party to cure the
violation and resolve the complaint, or (iii) issued a right
to sue letter, the interested party may initiate a civil
action for penalties. The parties may extend the 180-day
period by mutual agreement. The limitations period for the
interested party to bring an action for the alleged violation
of this Act shall be tolled for the 180-day period and for the
period of any mutually agreed extensions. At the end of the
180-day period, or any mutually agreed extensions, the
Department shall issue a right to sue letter to the interested
party.
(d) Any claim or action filed under this Section must be
made within 3 years after the alleged conduct resulting in the
complaint plus any period for which the limitations period has
been tolled.
(e) In an action brought under this Section, an interested
party may recover against the employer any statutory penalties
set forth in subsection (a) and injunctive relief. An
interested party who prevails in a civil action shall receive
10% of any statutory penalties assessed, plus any attorney's
fees and expenses in bringing the action.

(f) Nothing in this Section shall be construed to prevent
an employee from bringing a civil action for the employee's
own claim for a violation of this Act as described in Section
20.
Section 30. Notice. Within 30 days after the effective
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.