HB5155 96TH GENERAL ASSEMBLY

LRB096 18855 RLC 35314 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5155

Introduced 1/29/2010, by Rep. Jack McGuire

SYNOPSIS AS INTRODUCED:

New Act

Creates the Employer Religious or Mandatory Workplace Meeting Act. Prohibits an employer from requiring an employee to attend an employer-sponsored meeting or participate in communication for the purpose of communicating the employer's opinion about religious or political matters. Prohibits an employer from taking or threatening any adverse employment action against an employee as a means of requiring an employee to attend such a meeting or participate in such communication or because the employee makes a good faith report of a violation or a suspected violation. Authorizes civil actions by aggrieved employees and provides for relief. Requires an employer to post notices of employee rights under the Act. Sets forth certain exceptions.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Employer Religious or Mandatory Workplace Meeting Act.

Section 5. Definitions. As used in this Act:

"Constituent group" includes, but is not limited to, civic associations, community groups, social clubs, and mutual benefit alliances, including labor organizations.

"Employee" means an individual engaged in service to an employer in a business of the employer.

"Employer" includes:

(1) a person engaged in business that has employees; and

(2) a public body, as defined in Section 2 of the Freedom of Information Act.

"Labor organization" means an organization that exists for the purpose, in whole or in part, of collective bargaining, of dealing with employers concerning grievances, terms or conditions of employment or of other mutual aid or protection in connection with employment.

"Political matters" includes political party affiliation, campaigns for legislation or candidates for political office, and the decision to join, not join, support, or not support any lawful political or constituent group or activity.

"Religious matters" includes religious affiliation or the decision to join, not join, support, or not support a bona fide religious organization.

Section 10. Prohibitions; relief; notice; exceptions.

(a) An employer or the employer's agent, representative, or designee may not require an employee to attend any employer-sponsored meeting or participate in any communication with the employer or the employer's agent, representative, or designee if the purpose of the meeting or communication is to communicate the employer's opinion about religious or political matters.

(b) An employer or the employer's agent, representative, or designee may not discharge, discipline, or otherwise penalize or threaten to discharge, discipline, or otherwise penalize or take any adverse employment action against an employee:

(1) as a means of requiring an employee to attend a meeting or participate in communications described in subsection (a) of this Section; or

(2) because the employee, or a person acting on behalf of the employee, makes a good faith report, orally or in writing, of a violation or a suspected violation of this Act. This paragraph does not apply if the employee knows that the report is false.

(c) An aggrieved employee may bring a civil action to enforce this Act no later than 90 days after the date of the alleged violation in the circuit court in the county where the violation is alleged to have occurred or where the employer has its principal office. The court may award a prevailing employee all appropriate relief, including injunctive relief, rehiring, or reinstatement of the employee to the employee's former position or an equivalent position, back pay and reestablishment of any employee benefits, including seniority, to which the employee would otherwise have been eligible if the violation had not occurred and any other appropriate relief as deemed necessary by the court to make the employee whole. The court shall award a prevailing employee treble damages, together with reasonable attorney's fees and costs.

(d) An employer subject to this Act shall post a notice of employee rights under this Act in a place normally reserved for employment-related notices and in a place commonly frequented by employees.

(e) This Act does not:

(1) limit an employee's right to bring a common law action against an employer for wrongful termination;

(2) diminish or impair the rights of a person under a collective bargaining agreement;

(3) prohibit a religious organization from requiring its employees to attend an employer-sponsored meeting or participate in any communication with the employer or its agent, representative, or designee for the primary purpose of communicating the employer's religious beliefs, practices or tenets;

(4) prohibit a political organization, including political parties and other organizations that engage, in substantial part, in political activities, from requiring its employees to attend an employer-sponsored meeting or participate in any communication with the employer or its agent, representative, or designee for the primary purpose of communicating the employer's political tenets or purposes;

(5) prohibit communications of information about religious or political matters that the employer is required by law to communicate, but only to the extent of the legal requirement; or

(6) prohibit meetings of an employer's executive or administrative personnel to discuss issues related to the employer's business.