Bill Amendment: IL HB5561 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: WHISTLEBLOWER ACT

Status: 2024-08-09 - Public Act . . . . . . . . . 103-0867 [HB5561 Detail]

Download: Illinois-2023-HB5561-House_Amendment_001.html

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Rep. Marcus C. Evans, Jr.

Filed: 4/5/2024

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AMENDMENT TO HOUSE BILL 5561
AMENDMENT NO. ______. Amend House Bill 5561 by replacing
everything after the enacting clause with the following:
"Section 5. The Whistleblower Act is amended by changing
Sections 5, 15, 20, 20.1, 20.2, 25, and 30 and by adding
Section 31 and 32 as follows:
(740 ILCS 174/5)
Sec. 5. Definitions. As used in this Act:
"Adverse employment action" means an action that a
reasonable employee would find materially adverse. An action
is materially adverse when it could dissuade a reasonable
worker from disclosing or threatening to disclose information
protected by Section 15 or from refusing under Section 20.
"Employer" means: an individual, sole proprietorship,
partnership, firm, corporation, association, and any other
entity that has one or more employees in this State, including

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a political subdivision of the State; a unit of local
government; a school district, combination of school
districts, or governing body of a joint agreement of any type
formed by two or more school districts; a community college
district, State college or university, or any State agency
whose major function is providing educational services; any
authority including a department, division, bureau, board,
commission, or other agency of these entities; and any person
acting within the scope of his or her authority, express or
implied, on behalf of those entities in dealing with its
employees. within the scope of his or her authority express or
implied on behalf of those entities in dealing with its
employees.
"Employee" means any individual permitted to work who is
employed on a full-time, part-time, or contractual basis by an
employer unless:
(1) the individual has been and will continue to be
free from control and direction over the performance of
his or her work, both under his or her contract of service
with his or her employer and in fact;
(2) the individual performs work which is either
outside the usual course of business or is performed
outside all of the places of business of the employer
unless the employer is in the business of contracting with
parties for the placement of employees; and
(3) the individual is in an independently established

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trade, occupation, profession, or business.
"Employee" also includes, but is not limited to, a
licensed physician who practices his or her profession, in
whole or in part, at a hospital, nursing home, clinic, or any
medical facility that is a health care facility funded whole
or in part, by the State.
"Public body" means any of the following: the State; any
officer, board, political subdivision, or commission of the
State; any institution supported in whole or in part by public
funds; units of local government; and school districts.
"Retaliatory action" means an adverse employment action or
the threat of an adverse employment action by an employer or
his or her agent to penalize or any non-employment action that
would dissuade a reasonable worker from disclosing information
under this Act. "Retaliatory action" includes, but is not
limited to:
(1) taking, or threatening to take, any action that
would intentionally interfere with an employee's ability
to obtain future employment or post-termination
retaliation to intentionally interfere with a former
employee's employment;
(2) taking, or threatening to take, any action
prohibited by subsection (G) of Section 2-102 of the
Illinois Human Rights Act; or
(3) contacting, or threatening to contact, United
States immigration authorities, or otherwise reporting, or

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threatening to report, an employee's suspected or actual
citizenship or immigration status or the suspected or
actual citizenship or immigration status of an employee's
family or household member to a federal, State, or local
agency.
"Retaliatory action" does not include:
(1) conduct undertaken at the express and specific
direction or request of the federal government;
(2) truthful, performance-related information about an
employee or former employee provided in good faith to a
prospective employer at the request of the prospective
employer; or .
(3) conduct undertaken if specifically required by
State or federal law. "Employee" also includes, but is not
limited to, a licensed physician who practices his or her
profession, in whole or in part, at a hospital, nursing
home, clinic, or any medical facility that is a health
care facility funded, in whole or in part, by the State.
"Supervisor" means any individual who has the authority to
direct and control the work performance of the affected
employee; or any individual who has managerial authority to
take corrective action regarding a violation of the law, rule,
or regulation disclosed by an employee in accordance with
Section 15.
(Source: P.A. 95-128, eff. 1-1-08; 96-1253, eff. 1-1-11.)

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(740 ILCS 174/15)
Sec. 15. Retaliation for certain disclosures prohibited.
(a) An employer may not take retaliatory action retaliate
against an employee who discloses or threatens to disclose to
a public body conducting investigation, or in a court, an
administrative hearing, or any other proceeding initiated by a
public body, information related to an activity, policy, or
practice of the employer where the employee has a good faith
belief that the activity, policy, or practice (i) violates in
a court, an administrative hearing, or before a legislative
commission or committee, or in any other proceeding, where the
employee has reasonable cause to believe that the information
discloses a violation of a State or federal law, rule, or
regulation or (ii) poses a substantial and specific danger to
employees, public health, or safety.
(b) An employer may not take retaliatory action retaliate
against an employee for disclosing or threatening to disclose
information to a government or law enforcement agency
information related to an activity, policy, or practice of the
employer, where the employee has a good faith belief that the
activity, policy, or practice of the employer (i) violates
reasonable cause to believe that the information discloses a
violation of a State or federal law, rule, or regulation or
(ii) poses a substantial and specific danger to employees,
public health, or safety.
(c) An employer may not take retaliatory action against an

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employee for disclosing or threatening to disclose to any
supervisor, principal officer, board member, or supervisor in
an organization that has a contractual relationship with the
employer who makes the employer aware of the disclosure,
information related to an activity, policy, or practice of the
employer if the employee has a good faith belief that the
activity, policy, or practice(i) violates a State or federal
law, rule, or regulation or (ii) poses a substantial and
specific danger to employees, or public health, or safety.
(Source: P.A. 95-128, eff. 1-1-08.)
(740 ILCS 174/20)
Sec. 20. Retaliation for certain refusals prohibited. An
employer may not take retaliatory action retaliate against an
employee for refusing to participate in an activity that the
employee has a good faith belief that such participation would
result in a violation of a State or federal law, rule, or
regulation, including, but not limited to, violations of the
Freedom of Information Act.
(Source: P.A. 96-555, eff. 8-18-09.)
(740 ILCS 174/20.1)
Sec. 20.1. Other retaliation. Any other act or omission
not otherwise specifically set forth in this Act, whether
within or without the workplace, also constitutes retaliatory
action retaliation by an employer under this Act if the act or

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omission would be materially adverse to a reasonable employee
and is because of the employee disclosing or attempting to
disclose public corruption or wrongdoing.
(Source: P.A. 96-555, eff. 8-18-09.)
(740 ILCS 174/20.2)
Sec. 20.2. Threatening retaliation. An employer may not
threaten any employee with any act or omission if that act or
omission would constitute retaliatory action retaliation
against the employee under this Act.
(Source: P.A. 96-555, eff. 8-18-09.)
(740 ILCS 174/25)
Sec. 25. Criminal Civil penalty. Violation of this Act is
a Class A misdemeanor.
(Source: P.A. 93-544, eff. 1-1-04.)
(740 ILCS 174/30)
Sec. 30. Damages and penalties for the employee. If an
employer takes any retaliatory action against an employee in
violation of Section 15 or 20, the employee may bring a civil
action against the employer for all relief necessary to make
the employee whole, including but not limited to the
following, as appropriate:
(1) permanent or preliminary injunctive relief;
(2) reinstatement with the same seniority status that

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the employee would have had, but for the violation;
(3) (2) back pay, with interest of 9% per annum up to 90
calendar days from the date the complaint is filed and
front pay; and
(4) liquidated damages of up to $10,000;
(5) (3) compensation for any costs incurred damages
sustained as a result of the violation, including
litigation costs, expert witness fees, and reasonable
attorney's fees; and.
(6) additionally, the court shall award a civil
penalty of $10,000 payable to the employee.
(Source: P.A. 93-544, eff. 1-1-04.)
(740 ILCS 174/31 new)
Sec. 31. Attorney General enforcement.
(a) Whenever the Attorney General has reasonable cause to
believe that any person or entity has engaged in a practice
prohibited by this Act, the Attorney General may, pursuant to
the authority conferred by Section 6.3 of the Attorney General
Act, initiate or intervene in a civil action in the name of the
People of the State in any appropriate court to obtain
appropriate relief.
(b) Before initiating an action, the Attorney General may
conduct an investigation and may:
(1) require an individual or entity to file a
statement or report in writing, under oath or otherwise,

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as to all information the Attorney General may consider
necessary;
(2) examine under oath any person alleged to have
participated in, or with knowledge of, the alleged
violation; or
(3) issue subpoenas or conduct hearings in aid of any
investigation.
(c) Service by the Attorney General of any notice
requiring a person or entity to file a statement or report, or
of a subpoena upon any person or entity, shall be made:
(1) personally by delivery of a duly executed copy
thereof to the person to be served or, if a person is not a
natural person, in the manner provided in the Code of
Civil Procedure when a complaint is filed; or
(2) by mailing by certified mail a duly executed copy
thereof to the person to be served at his or her last known
abode or principal place of business within this State or,
if the person is not a natural person, in the manner
provided in the Code of Civil Procedure when a complaint
is filed.
The Attorney General may compel compliance with
investigative demands under this Section through an order by
any court of competent jurisdiction.
(d)(1) In an action brought under this Act, the Attorney
General may obtain, as a remedy, monetary damages to the
State, restitution, and equitable relief, including any

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permanent or preliminary injunction, temporary restraining
order, or other order, including an order enjoining the
defendant from engaging in a violation, or order any action as
may be appropriate.
The Attorney General may request, and the court may grant,
any remedy available under Section 30 of this Act to the
employee or employees affected by the violation. Additionally,
the Attorney General may request and the court may impose a
civil penalty not to exceed $10,000 for each repeat violation
within a 5-year period. For purposes of this Section, each
violation of this Act for each employee that the employer took
or threatened to take retaliatory action against shall
constitute a separate and distinct violation.
(2) A civil penalty imposed under this subsection shall be
deposited into the Attorney General Court Ordered and
Voluntary Compliance Payment Projects Fund.
(740 ILCS 174/32 new)
Sec. 32. Defenses to actions. It shall be a defense to any
action brought under this Act that the retaliatory action was
predicated solely upon grounds other than the employee's
exercise of any rights protected by this Act.
Section 90. Applicability. The changes made by this
amendatory Act of the 103rd General Assembly apply to claims
arising or complaints filed on or after January 1, 2025.

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