CBA Record March-April 2026

THE YOUNG LAWYERS SECTION

employees who refuse such requests. The IRPWA draws a clear distinction between personal accounts and employer-owned or employer-provided systems. Employers remain free to monitor and control email, messaging platforms, and social media accounts that they own or provide for business use. The IRPWA also does not prohibit employ ers from viewing publicly available online information or from investigating misconduct using lawful means. IRPWA Limits The IRPWA does not create a general right to privacy or free speech in the workplace. It does not prevent employers from dis ciplining employees for violating workplace policies, disclosing confidential information, engaging in harassment, or disrupting operations. Nor does it override federal labor law or other Illinois statutes. Rather, the IRPWA functions as a narrow constraint on specific forms of employer intrusion and coercion. National Labor Relations Act While the IRPWA addresses discrete privacy-related concerns, the NLRA provides the most expansive protections for employee speech and activity in the private sector. Section 7 of the NLRA, codified at 29 U.S.C. § 157, grants employees the right to self organize; to form, join, or assist labor organizations; and to engage in concerted activities for the purpose of collective bar gaining or other mutual aid or protection. These rights apply to most private-sector employees in Illinois, regardless of whether they are unionized. The NLRA does not apply to public-sector employees, independent contractors, or certain supervisory personnel, but its reach is otherwise broad. Protected and Concerted Activity Under Section 7 The concept of “concerted activity” is central to understanding employee rights under the NLRA. Activity is concerted when it involves two or more employees acting together, or when a single employee acts on behalf of others or seeks to initiate group action. The activity must relate to terms and conditions of employment, such as wages, hours, benefits, scheduling, safety, or workplace policies. Section 7 protects a wide range of conduct, including employee discussions about pay, group complaints to manage ment, collective protests, and coordinated social media activity related to workplace conditions. Importantly, the statute protects not only successful collective action but also efforts to initiate or prepare for group action. Employers who interfere with, restrain, or coerce employees in exercising these rights may violate Section 8(a)(1) of the NLRA, codified at 29 U.S.C. § 158(a)(1). Disciplining or discharging employees for engaging in a protected concerted activity can result in liability, including reinstatement and back pay. Employee speech is often at the center of NLRA disputes. Complaints about management, criticism of workplace poli cies, or expressions of dissatisfaction may be protected if they are

connected to group concerns about working conditions. Even speech that is harsh, sarcastic, or critical may remain protected, so long as it does not cross certain boundaries. The National Labor Relations Board has repeatedly empha sized that employees are entitled to engage in robust debate about workplace issues. The mere fact that speech is disloyal or unflattering does not automatically remove Section 7 protection. Context matters, including whether the speech was made in fur therance of collective concerns and whether it was directed at improving working conditions. Limits on NLRA Protection Section 7 protection is not unlimited. Employees may lose protec tion if their conduct is egregious or abusive. Threats of violence, discriminatory or harassing speech, disclosure of trade secrets, or knowingly false statements may fall outside the statute’s protec tion. Employers also retain the right to enforce neutral workplace rules, provided those rules are not applied in a manner that tar gets or chills protected activity. The line between protected and unprotected conduct is often fact-specific, which is why employers must exercise caution before disciplining employees for speech or activity related to workplace issues. Practical Implications for Illinois Workplaces The IRPWA and the NLRA frequently coincide in cases involv ing social media and off-duty conduct. For example, an employer may violate the IRPWA by demanding access to a private social media account, while simultaneously violating the NLRA if it disciplines an employee for concerted activity expressed through social media. Conversely, an employer may lawfully discipline an employee for unprotected conduct even if it occurs on an employee’s personal account, so long as the discipline does not interfere with Section 7 rights. These overlapping legal frameworks require careful, context driven consideration and analysis. Employers must consider not only whether conduct violates company policy, but also whether it implicates statutory protections. For employees, understanding these laws clarifies what rights they do and do not possess. Political beliefs and private online accounts are protected from employer coercion under the IRPWA, but not all speech is shielded from workplace con sequences. Collective discussion and action regarding working conditions are protected under the NLRA, but individual griev ances unrelated to group concerns may not be. For employers, compliance requires more than well-drafted policies. Managers and human resources personnel must be trained to recognize protected activity and to avoid reflexive discipline that could trigger liability. Policies addressing social media, confidentiality, and workplace conduct must be narrowly tailored and applied consistently. Employee rights in Illinois workplaces are defined not by

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