Bill Text: IL HB3763 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the bill as amended by House Amendment No. 1 with the following changes. Provides that a written request for records shall, if the records being requested include medical information and medical records, include a signed waiver to release medical information and medical records to that employee's specific representative. Provides that, if records are maintained in a manner and fashion that is already accessible by the employee, the employer may instead provide the employee with instructions on how to access that information. Deletes a provision that repeals the right of an employee to designate a representative of the employee's union or collective bargaining unit or other representative to inspect the employee's personnel record in specified circumstances. Makes other changes.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2024-08-02 - Public Act . . . . . . . . . 103-0727 [HB3763 Detail]

Download: Illinois-2023-HB3763-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3763 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
820 ILCS 40/2 from Ch. 48, par. 2002
820 ILCS 40/3 from Ch. 48, par. 2003
820 ILCS 40/9 from Ch. 48, par. 2009
820 ILCS 40/12 from Ch. 48, par. 2012
820 ILCS 40/5 rep.
Amends the Personnel Record Review Act. Provides for specific documents that every employee has a legal right to inspect and copy. Provides that an employer shall not include the imputed costs of time spent duplicating the information, purchasing or renting a copying machine, purchasing or renting computer equipment, or purchasing, renting, or licensing software in a fee for providing a copy of the documents. Provides that an employee may bring an action in circuit court regardless of whether that employee has filed a complaint concerning the same violation with the Department of Labor. Authorizes an employee to file a complaint with the Department regardless of whether the employee pursued or is pursuing an action for the same violation in circuit court. Repeals provisions concerning personnel record inspections by representatives of the employee.
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A BILL FOR
HB3763 LRB103 30532 DTM 56965 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Personnel Record Review Act is amended by
changing Sections 2, 3, 9, and 12 as follows:
(820 ILCS 40/2) (from Ch. 48, par. 2002)
Sec. 2. Open Records.
(a) Every employee has a legal right under this Act to
inspect, copy, and receive copies of the following documents:
employer shall, upon an employee's request which the employer
may require be in writing on a form supplied by the employer,
permit the employee to inspect
(1) any personnel documents which are, have been or
are intended to be used in determining that employee's
qualifications for employment, promotion, transfer,
additional compensation, benefits, perquisites,
discharge, or other disciplinary action, except as
provided in Section 10;
(2) any contracts or agreements that the employee
signed or that the employer maintains the manifested
intent of the employee to be bound or that the employer
maintains are legally binding on the employee;
(3) job descriptions for any position held by the

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employee or any position for which the employee applied;
(4) any employee handbooks that the employer made
available to the employee or that the employee
acknowledged recovery;
(5) any employer policies or procedures that the
employer contends the employee was subject to and that
concern qualifications for employment, promotion,
transfer, compensation, benefits, perquisites, discharge,
or other disciplinary action;
(6) press releases, announcements, internet postings,
or social-media posts about or concerning the employee;
and
(7) reports by or concerning the employee alleging
harassment or discrimination related to a protected class
as defined by the Illinois Human Rights Act; retaliation
under State, federal, or local law; failure to pay wages
or other compensation under the Illinois Wage Payment and
Collection Act; ethical violations; any code of conduct
violation; any violation of the rules or standards of any
professional organization, self-regulatory organization,
accrediting organization, or certifying organization; and
any violation of any federal, State, local, or foreign
law, ordinance, rule, or regulation.
The inspection right encompasses personnel documents in
the possession of a person, corporation, partnership, or other
association having a contractual agreement with the employer

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to keep or supply a personnel record. An employee does not have
a legal right under this Act to the documents categorized may
request all or any part of his or her records, except as
provided in Section 10.
(b) The employer shall, upon an employee's request, grant
at least 2 inspection requests by an employee in a calendar
year to inspect, copy, and receive copies of records to which
that employee has a legal right under this Act. Requests must
be when requests are made at reasonable intervals, unless
otherwise provided in a collective bargaining agreement. The
employer may require the request to be in writing. Electronic
communications such as email and text messages suffice as
written requests under this subsection. The written request
need only apprise a reasonable employer that the employee is
requesting some or all of the employee's records. The employee
may specify in the employee's request if the employee is
requesting to inspect, to copy, or to receive copies of the
records. The employee may request that copies be provided in
hardcopy or in a reasonable and commercially available
electronic format. The employee may request that the
inspection, copying, or receipt of copies be performed by that
employee's representative, including, but not limited to,
family members, clergy, accountants, lawyers, union stewards,
other union officials, translators, representatives of
workers' centers, or members of the press. The employer shall
comply with the employee's request provide the employee with

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the inspection opportunity within 7 working days after the
employee makes the request or if the employer can reasonably
show that such deadline cannot be met, the employer shall have
an additional 7 days to comply. Any in-person The inspection
shall take place at a location reasonably near the employee's
place of employment and during normal working hours. The
employer may allow the inspection to take place at a time other
than working hours or at a place other than where the records
are maintained if that time or place would be more convenient
for the employee. Nothing in this Act shall be construed as a
requirement that an employee be permitted to remove any part
of such personnel records or any part of such records from the
place on the employer's premises where it is made available
for inspection. Each employer shall retain the right to
protect his records from loss, damage, or alteration to insure
the integrity of the records. If an employee demonstrates that
he or she is unable to review his or her personnel record at
the employing unit, the employer shall, upon the employee's
written request, mail a copy of the requested record to the
employee.
(Source: P.A. 83-1362.)
(820 ILCS 40/3) (from Ch. 48, par. 2003)
Sec. 3. Copies. After the review time provided in Section
2, an employee may obtain a copy of the information or part of
the information contained in the employee's personnel record.

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An employer may charge a fee for providing a copy of the such
information requested by the employee. The fee shall be
limited to the actual cost of duplicating the information and
shall not include the imputed costs of time spent duplicating
the information, purchasing or renting a copying machine,
purchasing or renting computer equipment, or purchasing,
renting, or licensing software.
(Source: P.A. 83-1104.)
(820 ILCS 40/9) (from Ch. 48, par. 2009)
Sec. 9. An employer shall not gather or keep a record of an
employee's associations, political activities, publications,
communications or nonemployment activities, unless the
employee submits the information in writing or gives
authorizes the employer express, written consent when the
employer keeps or gathers in writing to keep or gather the
information. This prohibition shall not apply to (i)
activities or associations with individuals or groups involved
in the physical, sexual, or other exploitation of a minor or
(ii) the activities that occur on the employer's premises or
during the employee's working hours with that employer which
interfere with the performance of the employee's duties or the
duties of other employees or activities, regardless of when
and where occurring, which constitute criminal conduct or may
reasonably be expected to harm the employer's property,
operations or business, or could by the employee's action

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cause the employer financial liability. A record which is kept
by the employer as permitted under this Section shall be part
of the personnel record.
(Source: P.A. 101-531, eff. 8-23-19.)
(820 ILCS 40/12) (from Ch. 48, par. 2012)
Sec. 12. Administration and enforcement of Act.
(a) The Director of Labor or his authorized representative
shall administer and enforce the provisions of this Act. The
Director of Labor may issue rules and regulations necessary to
administer and enforce the provisions of this Act.
(b) If an employee alleges that he or she has been denied
his or her rights under this Act, he or she may file a
complaint with the Department of Labor. The Department shall
investigate the complaint and shall have authority to request
the issuance of a search warrant or subpoena to inspect the
files of the employer, if necessary. The Department shall
attempt to resolve the complaint by conference, conciliation,
or persuasion. If the complaint is not so resolved and the
Department finds the employer has violated the Act, the
Department may commence an action in the circuit court to
enforce the provisions of this Act including an action to
compel compliance. The circuit court for the county in which
the complainant resides, in which the complainant is employed,
or in which the personnel record is maintained shall have
jurisdiction in such actions.

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(c) If an employer violates this Act, an employee may
commence an action in the circuit court to enforce the
provisions of this Act, including actions to compel
compliance, where efforts to resolve the employee's complaint
concerning such violation by conference, conciliation or
persuasion pursuant to subsection (b) have failed and the
Department has not commenced an action in circuit court to
redress such violation. The circuit court for the county in
which the complainant resides, in which the complainant is
employed, or in which the personnel record is maintained shall
have jurisdiction in such actions. An employee may bring an
action in circuit court regardless of whether that employee
has filed a complaint concerning the same violation with the
Department and an employee may file a complaint with the
Department regardless of whether the employee pursued or is
pursuing an action for the same violation in circuit court.
(d) Failure to comply with an order of the court may be
punished as contempt. In addition, the court shall award an
employee prevailing in an action pursuant to this Act the
following damages:
(1) Actual damages plus costs.
(2) For a willful and knowing violation of this Act,
$200 plus costs, reasonable attorney's fees, and actual
damages.
(e) Any employer or his agent who violates the provisions
of this Act is guilty of a petty offense.

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(3) Reasonable attorney's fees and costs.
(f) Any employer or his agent, or the officer or agent of
any private employer, who discharges or in any other manner
discriminates against any employee because that employee has
made a complaint to his employer, or to the Director or his
authorized representative, or because that employee has caused
to be instituted or is about to cause to be instituted any
proceeding under or related to this Act, or because that
employee has testified or is about to testify in an
investigation or proceeding under this Act, is guilty of a
petty offense.
(Source: P.A. 84-525.)
(820 ILCS 40/5 rep.)
Section 10. The Personnel Record Review Act is amended by
repealing Section 5.