Public Act 103-0867

HB5561 Enrolled LRB103 39293 JRC 69447 b

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

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

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

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

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

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.)

(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

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

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.)

(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

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

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,

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

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.