Thomas C. Garretson, Robbins Schwartz, Chicago
312-332-7760 | E-mail Thomas C. Garretson
Illinois Bans Employers from Holding “Captive Audience” Meetings
On July 31, 2024, Illinois Governor J.B. Pritzker signed into law P.A. 103-0722, referred to as the Worker Freedom of Speech Act. Effective January 1, 2025, the Act prohibits Illinois employers from mandating their employees to attend what are commonly referred to as “captive audience meetings.” Such meetings are generally held by an employer for the purpose of discouraging employees from organizing or joining a labor union. While “captive audience meetings” remain permissible under federal law, Illinois has now joined six other states that have banned these meetings.
Under the Act, an employer (or the employer’s agent, representative, or designee) may not discharge, discipline, penalize, or take any adverse employment action (or threaten the same) against an employee if the employee declined to attend or participate in an employer-sponsored meeting, or declined to receive or listen to communications from the employer, if the meeting or communication is to communicate the opinion of the employer about religious or political matters. Employers are similarly prohibited from threatening an adverse employment action against an employee as a means of inducing attendance or participation in such a meeting or communication. “Religious matters” are defined as those “relating to religious belief, affiliation, and practice and the decision to join or support any religious organization or association.” P.A. 103-0722, §10. “Political matters” are defined as those “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.” Id.
Although the Act generally outlawed employer-mandated meetings pertaining to religious or political matters, the Act expressly stated that it does not:
- prohibit communications of information that the employer is required by law to communicate, but only to the extent of the lawful requirement;
- limit the rights of an employer to conduct meetings involving religious or political matters, so long as attendance is voluntary, or to engage in communications so long as receipt or listening is voluntary;
- limit the rights of an employer from communicating to its employees any information necessary for performance of their required job duties;
- prohibit an employer from requiring its employees to attend any training intended to foster a civil and collaborative workplace or reduce or prevent workplace harassment/discrimination;
- prohibit an institution of higher education from conducting meetings or participating in any communications with its employees concerning any coursework, symposia, research, publication, or an academic program at the institution;
- prohibit a political organization, political party organization, caucus organization, a candidate’s political organization, or a not-for-profit organization from requiring its employees to attend an employer-sponsored meeting or participate in any communication with the employer for the purpose of communicating the employer’s political tenets or purposes;
- prohibit the General Assembly or a State or local legislative or regulatory body from requiring their employees to attend an employer-sponsored meeting or participate in any communication with the employer for the purpose of communicating the employer’s proposals to change legislation, proposals to change regulations, or proposals to change public policy; or
- prohibit a religious organization from requiring its employees to attend an employer-sponsored meeting or participate in any communication with the employer for the purpose of communicating the employer’s religious beliefs, practices, or tenets. Id.
The Act defines “voluntary” as an action that is not (1) incentivized by a positive change in any employment condition (e.g., compensation or other employment benefit); and (2) taken under threat of negative change in any employment condition for non-attendance (e.g., negative performance evaluations). Id.
Under the Act, an aggrieved employee may bring a civil action within one year from the date of the alleged violation. A court may award a prevailing employee “all appropriate relief,” which includes injunctive relief, reinstatement to the employee’s former position (or an equivalent position), backpay, re-establishment of any employee benefits that the employee would have been eligible for had the employer’s violation not occurred (e.g., seniority), and any other relief deemed necessary to make the employee “whole.” A court shall also award a prevailing employee reasonable attorneys’ fees and costs. P.A. 103-0722, §20.
In addition to providing aggrieved employees with a right of action, the Illinois Department of Labor is required to inquire into any alleged violations of the Act brought to its attention by an interested party. The Act defines an “interested party” as an organization that monitors or is attentive to compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements. P.A. 103-0722, §10. If a complaint is submitted to the Department by an interested party, the named party alleged to have violated the Act will be notified and provided an opportunity to either contest or cure the alleged violation. The Department may issue a notice of right to sue to the interested party if (1) the named party has cured the alleged violation to the satisfaction of the Department’s Director of Labor; (2) the Director has determined the allegation is unjustified or the Department does not have jurisdiction; or (3) 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. P.A. 103-0722, §25. Any claim filed with the Department must be made within three years after the alleged conduct resulting in the complaint (plus any period for which the limitations period was tolled). In addition to the relief available to a prevailing employee in a civil action, an employer deemed to have violated the Act will be assessed a civil penalty of $1,000 for each violation, payable to the Department, and each employee who is subject to a violation shall constitute a separate violation. An interested party that prevails in a civil action against an employer shall also receive 10 percent of any statutory penalties assessed, as well as any attorneys’ fees and expenses. Id.
Within 30 days of the Act’s effective date, employers will be required to post and keep posted a notice of employee rights under the Act where employee notices are customarily placed. P.A. 103-0722, §30.
For more information about employment and labor law, see CAUSES OF ACTION: EMPLOYMENT ACTIONS (IICLE®, 2024). Online Library subscribers can view it for free by clicking here. If you don’t currently subscribe to the Online Library, visit www.iicle.com/subscriptions.