Governor Signs Freedom of Speech Act

By Kelly A. Hayden, JD, Chief Legal Counsel
Published August 13, 2024

Governor Pritzker recently signed The Worker Freedom of Speech Act on July 31, which takes effect on January 1, 2025. This Act prohibits employers from requiring attendance at a meeting OR providing incentives to attend a meeting where the purpose is to communicate the employer’s position on religious or political matters. This law will effectively prohibit “captive audience” meetings, typically held by employers during union organizing drives, aimed at dissuading employees from joining a union. 

The law defines “political matters” as “matters 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.” [Emphasis supplied]. Thus, employers will not be permitted to hold captive audience meetings without violating this law. 

Captive audience meetings have long been permitted under the National Labor Relations Act (NLRA) if no other coercive behavior in violation of the NLRA takes place. Recently, however, the General Counsel for the National Labor Relations Board (NLRB), Jennifer Abruzzo, issued a memo claiming that such meetings violate the Act and encouraging regional offices of the NLRB to pursue unfair labor practices against employers who engage in such meetings. In addition, several other states, including Connecticut, Maine, New York, Oregon, and Washington all have laws prohibiting these types of meetings. 

In Illinois, the law contains an exception for voluntary attendance, but notes that such a meeting is not “voluntary” if the employer offers an incentive, negatively changes employment conditions, or takes other adverse action. The law will be enforced by the Department of Labor and include a posting requirement.

In addition to voluntary meetings, there are some additional types of meetings that are specifically exempt from the law. These include meetings that are for the purpose of communicating job-related information, communicating information required by law, or providing training related to fostering a civil and collaborative environment and/or preventing workplace harassment or discrimination. Further, certain not-for-profit political and religious organizations may also require such meetings aimed at communicating political tenets or purposes and/or religious beliefs, practices, or tenets.

Employers who are thinking of conducting voluntary religious or political meetings should make sure the meeting fits within one of the exceptions listed above or that the meeting is truly voluntary. HR Source members with questions can contact us through the HR Hotline Online or at 800-448-4584.