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

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-Engrossed.html

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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, 9, 10 and 12 as follows:
(820 ILCS 40/2) (from Ch. 48, par. 2002)
Sec. 2. Open records.
(a) Upon request in writing to their employer, every
employee has a legal right under this Act to inspect, copy, and
receive copies of the following documents: Every 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, discharge, or other
disciplinary action, except as provided in Section 10;
(2) any employment-related contracts or agreements
that the employer maintains are legally binding on the
employee;
(3) any employee handbooks that the employer made
available to the employee or that the employee

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acknowledged receiving; and
(4) any written employer policies or procedures that
the employer contends the employee was subject to and that
concern qualifications for employment, promotion,
transfer, compensation, benefits, discharge, or other
disciplinary action.
The inspection right encompasses personnel documents in
the possession of a person, corporation, partnership, or other
association having a contractual agreement with the employer
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, upon an employee's written request,
shall 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 shall be: when requests are
(1) made at reasonable intervals, unless otherwise
provided in a collective bargaining agreement; and .
(2) made to a person responsible for maintaining the
employer's personnel records, including the employer's
human resources department, payroll department, the
employee's supervisor or department manager, or to an
individual as provided in the employer's written policy.
(c) A written request shall:

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(1) identify what personnel records the employee is
requesting or if the employee is requesting all of the
records allowed to be requested under this Section;
(2) specify if the employee is requesting to inspect,
copy, or receive copies of the records;
(3) specify whether records be provided in hardcopy or
in a reasonable and commercially available electronic
format; and
(4) specify whether inspection, copying, or receipt of
copies will be performed by that employee's
representative, including family members, lawyers, union
stewards, other union officials, or translators.
(d) The employer shall comply with the employee's request
provide the employee with the inspection opportunity within 7
working days after the receipt of employee makes the request,
or, if the employer can reasonably show that such deadline
cannot be met, the employer shall have an additional 7
calendar days to comply. If an employer does not maintain
records in one or more of the categories requested, the
employer may respond in writing notifying the employee that
the employer does not maintain records in the category, but
must still permit inspection, copying, and receipt of copies
as required by subsection (b) of any other category requested
as to which the employer does maintain records. Any in-person
The inspection shall take place at a location reasonably near
the employee's place of employment and during normal working

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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 ensure insure the integrity of the records. The employer
shall, upon the employee's written request, email or mail a
copy of the requested record to the employee by the email
address or mailing address identified by the employee for the
purpose of receiving the copy of requested record. An employer
may charge a fee for providing a copy of the requested record.
The fee shall be limited to the actual cost of duplicating the
requested record and may not include the imputed costs of time
spent duplicating the information, the purchase or rental of
copying machines, the purchase or rental of computer
equipment, the purchase, rental, or licensing of software, or
any other similar expenses.
(e) As used in this Section, "written request" includes
any electronic communications, such as email or text messages.
(Source: P.A. 103-201, eff. 1-1-24.)
(820 ILCS 40/9) (from Ch. 48, par. 2009)

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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
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 40/10) (from Ch. 48, par. 2010)
Sec. 10. Exceptions. The right of the employee or the
employee's designated representative to inspect his or her
personnel records does not apply to:
(a) Letters of reference for that employee or external

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peer review documents for academic employees of institutions
of higher education.
(b) Any portion of a test document, except that the
employee may see a cumulative total test score for either a
section of or the entire test document.
(c) Materials relating to the employer's staff planning,
such as matters relating to the business' development,
expansion, closing or operational goals, where the materials
relate to or affect more than one employee, provided, however,
that this exception does not apply if such materials are, have
been or are intended to be used by the employer in determining
an individual employee's qualifications for employment,
promotion, transfer, or additional compensation, or benefits,
or in determining an individual employee's discharge or
discipline.
(d) Information of a personal nature about a person other
than the employee if disclosure of the information would
constitute a clearly unwarranted invasion of the other
person's privacy.
(e) An employer who does not maintain any personnel
records.
(f) Records relevant to any other pending claim between
the employer and employee which may be discovered in a
judicial proceeding.
(g) Investigatory or security records maintained by an
employer to investigate criminal conduct by an employee or

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other activity by the employee which could reasonably be
expected to harm the employer's property, operations, or
business or could by the employee's activity cause the
employer financial liability, unless and until the employer
takes adverse personnel action based on information in such
records.
(h) An employer's trade secrets, client lists, sales
projections, and financial data.
(Source: P.A. 85-1440.)
(820 ILCS 40/12) (from Ch. 48, par. 2012)
Sec. 12. Administration and enforcement of the 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

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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.
(c) If an employer is alleged to have violated violates
this Act and the Department has failed to resolve the
complaint within 180 days after the complaint is filed with
the Department, or the Department certifies in writing that it
is unlikely to be able to resolve the complaint within that 180
days, 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.
(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,

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$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.
(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.)