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| Public Act 103-0867
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| HB5561 Enrolled | LRB103 39293 JRC 69447 b |
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AN ACT concerning civil law.
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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 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:
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(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 |
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, |
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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 |
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, in |
whole or in part, by the State. |
"Public body" means any of the following: the State; any |
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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 |
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 |
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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 an investigation, or in a court, an |
administrative hearing, or any other proceeding initiated by a |
public body, information related to an activity, policy, or |
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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 |
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 |
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law, rule, or regulation or (ii) poses a substantial and |
specific danger to employees, public health, or safety. |
(Source: P.A. 95-128, eff. 1-1-08.)
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(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.)
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(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 |
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.)
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(740 ILCS 174/20.2) |
Sec. 20.2. Threatening retaliation. An employer may not |
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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.)
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(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.)
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(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 |
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 |
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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.)
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(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, |
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. |
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(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 |
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, |
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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.
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(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.
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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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