On Aug. 1, 2024, the Illinois Worker Freedom of Speech Act was signed into law. Despite the new law's name, the act, which goes into effect Jan. 1, 2025, has little to do with worker freedom of speech and is more focused on restricting employers' speech. Pursuant to this new law, Illinois employers are prohibited from terminating or disciplining employees (or threatening to do so) because they decline to attend or participate in an employer-sponsored meeting about political or religious matters or decline to receive communications about such a meeting.
"Political matters" is defined broadly to cover elections, political parties, proposals to change legislation, regulations, or public policy, and the decision to join or support any political, civic, community, fraternal, or labor organization. Nothing in the act prohibits employers from conducting such meetings on a strictly voluntary basis.
Employees who believe they have been disciplined or terminated in violation of the act will have a private right of action on behalf of themselves and other similarly situated employees. A prevailing employee will be able to recover lost pay and benefits, reinstatement, attorney's fees and costs, injunctive relief, and "any other appropriate relief as deemed necessary by the court to make the employee whole," the new law says.
The act could be significant for Illinois employers that distribute union avoidance literature and train managers to practice union avoidance techniques. Requiring management-level employees to attend union avoidance training meetings could be risky, as the act defines "employee" broadly enough to cover managers. Such employees could be in a position to claim they were required to attend such meetings or read such literature under threat of discipline or termination. Employers who hold such training sessions should make clear in writing that attendance is strictly voluntary and that failure to attend will not result in adverse action.
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