(Cook County Record)—Saying the state has trampled the free speech rights of business owners, one of Illinois’ leading free market public policy advocacy organizations has petitioned a federal judge to strike down a new Illinois state law threatening employers with fines or other government action if they discuss politics or offer their perspective on union organizing efforts in their workplaces.
The Chicago-based Illinois Policy Institute filed suit against the state on Aug. 8 in Chicago federal court. The IPI is represented in the action by attorneys with the Liberty Justice Center, a non-profit legal advocacy group, also based in Chicago.
The lawsuit targets the new law, known as Senate Bill 3649. The law was passed by the state’s Democratic legislative supermajority and signed into law by Gov. JB Pritzker, also a Democrat, on July 31.
The law would take effect on Jan. 1, 2025.
Labeled by Pritzker and its Democratic supporters as the “Worker Freedom of Speech Act,” the law would make it illegal for employers to hold workplace meetings at which business owners, managers or their representatives share the employers’ views related to politics, public policy or union organizing efforts.
Employers accused of violating the law could face lawsuits from employees or enforcement actions from the Illinois Department of Labor, which could force the business to pay fines of $1,000 for every employee allegedly compelled to attend such meetings.
Supporters of the legislation say it is needed to end so-called “captive meetings” and allow employees the freedom to avoid hearing their employers’ views.
The legislation was strongly backed by labor unions, which are some of the largest campaign donors to the Illinois Democratic Party and Democratic elected officials in the state.
Union officials joined Pritzker and Democratic state lawmakers in a press release praising the governor for signing the legislation.
“Captive audience meetings are a direct violation of workers’ rights. These meetings impact our most vulnerable employees and often force them to choose between their livelihood and their personal values,” said Tim Drea, president of the Illinois AFL-CIO labor union in that release. “We are thankful to Governor Pritzker for standing with workers and demonstrating his commitment to a fair workplace.”
Employers and business advocacy organizations have said the legislation was drafted and enacted to help unions organize workplaces in the state by further muffling employers’ abilities to respond to union organizing activities in their workplaces.
The legislation would also prevent employers from asking their workers to help advocate for business-friendly policies that employers believe could help the company remain economically viable.
Similar laws have been enacted in the states of Minnesota and Connecticut, in early 2024 and 2022, respectively. Both have been challenged by employers in federal court. Those lawsuits remain pending.
In the Illinois lawsuit, the IPI said SB3649 doesn’t represent any expansion of anyone’s free speech rights. Rather, they said, the law marks an expansion of state efforts to clamp down on employers’ free speech rights.
“Government unions can still hold mandatory meetings with captive audiences under SB3649,” said Mailee Smith, Senior Director of Labor Policy at the Illinois Policy Institute, in a release announcing the lawsuit.
“This means government unions and politicians are once again playing games with Illinoisans’ rights so that they can silence competition and advance their own political agendas. SB 3649 stacks the deck against ordinary organizations while allowing more power to special interest groups.”
In the lawsuit, the IPI said the law would prohibit the organization from continuing to hold weekly meetings and twice-yearly all-staff retreats with its employees, where the orgnization’s leadership routinely discuss matters of public policy and politics. The lawsuit indicates the IPI considers those meetings and retreats mandatory for all staff, regardless of their position within the organization.
“The First Amendment protects the free-speech rights of both employees and employers – including the employer’s right to speak to employees about matters of importance to the employer,” the IPI wrote in its lawsuit.
“Nonetheless, the State of Illinois has enacted a law, misleadingly titled the ‘Worker Freedom of Speech Act,’ that forbids employers from speaking to their employees about ‘religious or political matters’ if listening, or attending a meeting at which such matters are communicated, is a condition of employment – even if such matters are relevant to the employer’s business.
“And the Act defines ‘political matters’ broadly – to encompass not only speech about campaigns and elections, but also speech ‘relating to . . . 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, civil, community, fraternal, or labor organization.'”
Lawyers for the state have not yet filed a response to the lawsuit in court.