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Public Act 103-0727 | ||||
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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 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 |
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: |
(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 |
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 |
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) | ||
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 | ||
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 | ||
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 | ||
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 calendar 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 calendar 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, | ||
$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.) |