Lawsuit: Illinois ‘Worker Freedom of Speech Act’ violates employers’ free speech rights

[August 10, 2024]  By Catrina Petersen | The Center Square contributor

(The Center Square) – The Liberty Justice Center filed a First Amendment lawsuit to challenge a recently enacted Illinois law that would prohibit companies from holding mandatory meetings where “religious or political matters” are discussed.

Liberty Justice Center Senior Counsel Jeffrey Schwab explained that political matters as defined in the law extends to discussions surrounding policy changes or regulations.

"You can imagine a company wanting to talk about changes to policy, laws or regulations particularly those that would affect the company’s operations,” said Schwab.

Illinois enacted Senate Bill 3649, which was dubbed the “Worker Freedom of Speech Act.” Schwab said the law infringes on employers’ free speech rights.

"I am sure Tik Tok, while Congress was considering a bill that would effectively ban Tik Tok from the United States, had a meeting about that bill … I’m sure they had mandatory meetings because that bill would have affected the company. Saying they can’t do that at all, if they were in Illinois, seems crazy to me,” said Schwab.

The lawsuit naming the Illinois Policy Institute as plaintiffs and the Illinois Department of Labor as defendants was filed in the United States District Court for the Northern District of Illinois, Eastern Division, on Thursday.

Proponents of the law say mandatory meetings give employers an opportunity to force employees to listen to anti-union rhetoric. The Illinois American Federation of Labor and Congress of Industrial Organizations were proponents of the legislation sponsored by state Sen. Robert Peters, D-Chicago.

“There should be a fair and neutral connection between employers and employees,” said Peters in a statement. “Forcing employees to attend meetings about the employer's political or religious views crosses a line.”

Jeffrey Schwab, attorney with the Liberty Justice Center - Greg Bishop / The Center Square

Exempt from the law are the General Assembly, 501 c(4) organizations, PACs, and 501 c(5) organizations, which are unions. Schwab said it’s convenient the unions are exempt from following the law.
 
 "Unions were the ones promoting this law, so it’s convenient that they are exempt from the law … and 501 c(6) organizations are also exempt. But 501 c(3) organizations like the Illinois Policy Institute are not exempt from the law,” said Schwab.
 
 According to Schwab government unions can still hold mandatory meetings with captive audiences under SB 3649. Schwab also said the law allows both the employee and the Department of Labor to file separate lawsuits.
 
 "It allows an employee to file a lawsuit against an employer who violates the law, but it also allows the Department of Labor to bring their own action against an employer who allegedly violates the law and subjects the employer to fines of $1,000 per person that is subject [to a mandatory meeting]. So one incident could be multiple thousands of dollars of fines,” said Schwab.
 
 The law doesn’t clearly define “religious organizations,” Schwab said. Religious organizations are exempt under the law, but Schwab said there are lots of 501 c(3) groups with a “religious mission” but aren’t necessarily affiliated with a church or synagogue.
 
 An example of an organization with a “religious mission” would be a pregnancy resource center thathas no ties to a church or synagogue.