On May 26, ILL LEG passed bill protecting employee free speech.
ILL LEG passed SB 3649 creating the Worker freedom of speech act to protect employees from certain activities imposing mandatory participation or retaliation.
Bill Provisions
Protects employees from mandatory participation in employer-sponsored meetings if designed to communicate an employer's position on religious or political matters.
Employees should not be subject to intimidation tactics, acts of retaliation, discipline, or discharge for choosing not to participate in employer-sponsored meetings.
Provides definitions relevant to the operation of this statute, including department, director, employee, employer, political matters, religious matters, and voluntary.
May not take adverse action because employee declines to attend, as a means to induce attendance, or because employee reported mandatory attendance.
Within 30 days after effective date of this Act, employer must post a notice of employee rights under this Act where employee notices are customarily placed.
Employer may communicate information required by law, limits right to conduct religious or political meetings, prohibits required training, limits religious employers.
Employee Cause of Action
Aggrieved employee or employees may bring a civil action to enforce this act no later than one year after the date of the alleged violation against employee by the employer.
Court may grant injunctive release, reinstatement, back pay, benefit reestablishment, including seniority, and any other appropriate relief to make employee whole.
State Action
If State has reasonable belief that covered employer is in violation, interested party may complain to the State, and it will send notice of complaint to named employer.
Name party may contest or cure within 30 days after receipt of notice or, if no timely response, State will issue right to sue notice to the interested party unless cured.
If within 180 days of notice issue has not been resolved, party may initiate suit.
Legislative History
On Feb. 9, 2024, bill introduced in Senate; on May 2, 2024, bill passed Senate.
On May 3, 2024, bill introduced in House; on May 22, 2024, bill passed House.
On May 26, 2024, Senate concurred with amendments; bill passed both chambers.
Effectiveness
If enacted, bill will be effective on Jan. 1, 2025.
Jul. 2024 ILL LEG Governor Approved Bill
On Jul. 31, 2024, ILL LEG reported governor signed bill SB3649, enacted PA 103-0722.
