103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3468
 
Introduced 2/8/2024, by Sen. Ram Villivalam
 
SYNOPSIS AS INTRODUCED:

740 ILCS 174/5
740 ILCS 174/10
740 ILCS 174/15
740 ILCS 174/20
740 ILCS 174/30
 Amends the Whistleblower Act. Defines "adverse action" to have the same meaning as "adverse employment action" in the Civil Rights Act of 1964. Defines "retaliation" to mean the protected activity proximately caused any adverse action by any employer. Prohibits an employer from making, adopting, or enforcing any rule, regulation, or policy that prevents the disclosure or for retaliating against an employee for disclosing information to a government or law enforcement agency if the employee has a good faith belief that the disclosed information is a violation of law (now, a "reasonable cause to believe"). Prohibits an employer from retaliating against an employee for refusing to participate in any past, current, or future activity that could result in a violation of a municipal, county, State, or federal law or rule. Allows an employee to request front pay in a civil action for a violation of this Act. 


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A BILL FOR
 
SB3468LRB103 39357 JRC 69520 b


1 AN ACT concerning employment.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Whistleblower Act is amended by changing 
5Sections 5, 10, 15, 20, and 30 as follows:

6 (740 ILCS 174/5)
7 Sec. 5. Definitions. As used in this Act:
8 "Adverse action" has the same meaning as "adverse 
9employment action" as that term is used in the Civil Rights Act 
10of 1964. "Adverse action" includes retaliatory acts taken 
11after the employment relationship between the employer and 
12employee has ended. 
13 "Employer" means: an individual, sole proprietorship, 
14partnership, firm, corporation, association, and any other 
15entity that has one or more employees in this State, including 
16a political subdivision of the State; a unit of local 
17government; a school district, combination of school 
18districts, or governing body of a joint agreement of any type 
19formed by two or more school districts; a community college 
20district, State college or university, or any State agency 
21whose major function is providing educational services; any 
22authority including a department, division, bureau, board, 
23commission, or other agency of these entities; and any person 
 
 
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1acting within the scope of his or her authority express or 
2implied on behalf of those entities in dealing with its 
3employees.
4 "Employee" means any individual who is employed on a 
5full-time, part-time, or contractual basis by an employer. 
6"Employee" also includes, but is not limited to, a licensed 
7physician who practices his or her profession, in whole or in 
8part, at a hospital, nursing home, clinic, or any medical 
9facility that is a health care facility funded, in whole or in 
10part, by the State. 
11 "Retaliation" means the protected activity proximately 
12caused any adverse action taken by an employer. 
13(Source: P.A. 95-128, eff. 1-1-08; 96-1253, eff. 1-1-11.)

14 (740 ILCS 174/10)
15 Sec. 10. Certain policies prohibited. An employer may not 
16make, adopt, or enforce any rule, regulation, or policy 
17preventing an employee from disclosing information to a 
18government or law enforcement agency if the employee has a 
19reasonable or good faith belief reasonable cause to believe 
20that the information discloses a violation of a State or 
21federal law, rule, or regulation.
22(Source: P.A. 93-544, eff. 1-1-04.)

23 (740 ILCS 174/15)
24 Sec. 15. Retaliation for certain disclosures prohibited.  
 
 
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1 (a) An employer may not retaliate against an employee who 
2discloses information in a court, an administrative hearing, 
3or before a legislative commission or committee, or in any 
4other proceeding, where the employee has a reasonable or good 
5faith belief reasonable cause to believe that the information 
6discloses a violation of a municipal, county, State or federal 
7law, rule, or regulation.
8 (b) An employer may not retaliate against an employee for 
9disclosing information to a government or law enforcement 
10agency, whether that agency is the employer or a third party, 
11where the employee has a reasonable or good faith belief 
12reasonable cause to believe that the information discloses a 
13past, current, or future violation of a municipal, county, 
14State, or federal law, rule, or regulation by the employer or a 
15third party, including any individual. If the employee can 
16articulate a coherent basis, even if mistaken, for contending 
17the specific conduct identified is illegal, the disclosure is 
18protected.
19(Source: P.A. 95-128, eff. 1-1-08.)

20 (740 ILCS 174/20)
21 Sec. 20. Retaliation for certain refusals prohibited. An 
22employer may not retaliate against an employee for refusing to 
23participate in any past, current, or future an activity that 
24would result in a violation of a municipal, county, State or 
25federal law, rule, or regulation, including, but not limited 
 
 
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1to, violations of the Freedom of Information Act, by the 
2employer or a third party, including any individual. 
3Invitations to participate in illegal activity do not need to 
4be explicit.
5(Source: P.A. 96-555, eff. 8-18-09.)