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| 1 | AN ACT concerning employment.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Personnel Record Review Act is amended by | ||||||
| 5 | changing Section 7 as follows:
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| 6 | (820 ILCS 40/7) (from Ch. 48, par. 2007)
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| 7 | Sec. 7. Disclosure of disciplinary actions. | ||||||
| 8 | (1) An employer or former employer shall not divulge a | ||||||
| 9 | disciplinary
report, letter of reprimand, or other | ||||||
| 10 | disciplinary action to a third party,
to a party who is not a | ||||||
| 11 | part of the employer's organization, or to a party
who is not a | ||||||
| 12 | part of a labor organization representing the employee, | ||||||
| 13 | without
written notice as provided in this Section.
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| 14 | (2) The written notice to the employee shall be by | ||||||
| 15 | first-class mail to
the employee's last known address and | ||||||
| 16 | shall be mailed on or before the
day the information is | ||||||
| 17 | divulged.
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| 18 | (3) This Section shall not apply if:
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| 19 | (a) the employee has specifically waived written | ||||||
| 20 | notice as part of a written,
signed employment application | ||||||
| 21 | with another employer;
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| 22 | (b) the disclosure is ordered to a party in a legal | ||||||
| 23 | action or arbitration; or
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| 1 | (c) information is requested by a government agency as | ||||||
| 2 | a result of a claim
or complaint by an employee, or as a | ||||||
| 3 | result of a criminal investigation by such agency.
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| 4 | (4) An employer who receives a request for records of a | ||||||
| 5 | disciplinary
report, letter of reprimand, or other | ||||||
| 6 | disciplinary action in relation to an employee under the | ||||||
| 7 | Freedom of Information Act may provide notification to the | ||||||
| 8 | employee in written form as described in subsection (2) or | ||||||
| 9 | through electronic mail, if available. | ||||||
| 10 | (5) An individual may file a complaint or commence an | ||||||
| 11 | action alleging a violation of this Section, as provided in | ||||||
| 12 | Section 12, within 3 years after the date of the disclosure of
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| 13 | the report, letter, or other disciplinary action. Nothing in
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| 14 | this subsection shall be construed to invalidate, diminish, or
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| 15 | otherwise interfere with any collective bargaining agreement
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| 16 | nor to invalidate, diminish, or otherwise interfere with any
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| 17 | party's power to collectively bargain such an agreement. | ||||||
| 18 | (Source: P.A. 96-1212, eff. 7-22-10.)
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