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| Public Act 103-0727
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| HB3763 Enrolled | LRB103 30532 DTM 56965 b |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Personnel Record Review Act is amended by |
changing Sections 2, 9, 10 and 12 as follows:
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(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 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 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 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; |
(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; and |
(5) 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. |
(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 |
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as required by subsection (b) of any other category requested |
as to which the employer does maintain records. If the 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. 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 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 |
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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.)
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(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 |
cause the employer financial liability. A record which is kept |
by the employer as permitted under this Section shall be part |
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of the personnel record. |
(Source: P.A. 101-531, eff. 8-23-19.)
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(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 |
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 |
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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 |
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.)
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