An Illinois trade organization has joined a legal challenge against a new law that restricts employers’ rights to free speech in the workplace.

The Schaumburg Technology and Manufacturing Association represents more than 800 Illinois small businesses. The group joined a lawsuit against Illinois Department of Labor Director Jane Flanagan, whose agency is charged with enforcing the Workers’ Freedom of Speech Act. the process, DEPOSIT on Aug. 8 by the Liberty Justice Center, claims the law abrogates free speech across the state.

Governor JB Pritzker signed Senate Bill 3649, the Workers’ Freedom of Speech Act, became law on July 31. The law is scheduled to enter into force on January 1, 2025.

The law prohibits companies from holding mandatory meetings where religious or political matters are discussed. It provides that employees can bring civil actions where there are alleged violations by employers.

Within 30 days of the law taking effect, employers will be required to post and maintain a notice of employee rights under the new law where employee notices are routinely posted.

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

The law exempts the Illinois General Assembly, 501 c(4) organizations, PACs, and 501 c(5) organizations that are unions.

On October 30, 2024, the Liberty Justice Center filed a request for a preliminary injunction in the legal challenge to the measure. The motion urges the United States District Court for the Northern District of Illinois to grant an injunction barring the state from enacting and enforcing Senate Bill 3649 while litigation continues.

Also on Oct. 30, the Liberty Justice Center filed an amended complaint announcing the addition of the Technology and Manufacturing Association to the lawsuit.

Jeffrey Schwab, senior counsel at the Liberty Justice Center, said the group represents more than 800 small businesses in Illinois.

“Their inclusion is important because it shows that there are many small businesses where the impact of this law, which prevents them from talking about politics and religion in mandatory meetings, is hurting them and hurting their businesses,” Schwab told The Center Square.

Schwab said the law is content-based.

“If you say something about politics or religion, you can’t say that. But if you say something about sports, then you can. The Supreme Court has held that content-based restrictions on speech are per se unconstitutional. In other words, if the government can’t come up with a very, very good reason why they need it, then it’s unconstitutional,” Schwab explained.

Schwab said the law even restricts certain viewpoints.

“Where the government discriminates between viewpoints is even worse than discrimination based on content. In that case, by exempting unions and exempting the government, you may have a situation where certain types of political speech are protected,” Schwab added.

The original lawsuit filed Aug. 8 named the Illinois Policy Institute as plaintiffs and the Illinois Department of Labor as defendants. The lawsuit was filed in the United States District Court for the Northern District of Illinois, Eastern Division.

Catrina Barker contributed to this story.