HB2925 104TH GENERAL ASSEMBLY

LRB104 10445 JRC 20520 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2925

Introduced 2/6/2025, by Rep. Bob Morgan

SYNOPSIS AS INTRODUCED:

740 ILCS 174/15
740 ILCS 174/20
740 ILCS 174/30

Amends the Whistleblower Act. Prohibits retaliation by an employer or third party related to a past, current, or future activity that the employee has a good-faith belief violates a municipal, county, State, or federal law, rule, or regulation or poses a substantial and specific danger to employees, public health, or safety. Changes the damages an employee may receive for violations of the Act to include compensatory damages.

A BILL FOR

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 15, 20, and 30 as follows:

(740 ILCS 174/15)

Sec. 15. Retaliation for certain disclosures prohibited.

(a) An employer may not take retaliatory action 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 a past, current, or future an activity, policy, or practice of the employer or a third party, where the employee has a good faith belief that the activity, policy, or practice (i) violates a municipal, county, 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 against an employee for disclosing or threatening to disclose information to a government or law enforcement agency, whether that agency is the employer or a third party, 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 or third party (i) violates a municipal, county, 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 municipal, county, State, or federal law, rule, or regulation or (ii) poses a substantial and specific danger to employees, public health, or safety.

(Source: P.A. 103-867, eff. 1-1-25; revised 10-21-24.)

(740 ILCS 174/20)

Sec. 20. Retaliation for certain refusals prohibited. An employer may not take retaliatory action against an employee for refusing to participate in a past, current, or future an activity when that the employee has a good faith belief that such participation would result in a violation of a municipal, county, State, or federal law, rule, or regulation, including, but not limited to, violations of the Freedom of Information Act.

(Source: P.A. 103-867, eff. 1-1-25.)

(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, or 20.1, 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) back pay, with interest of 9% per annum up to 90 calendar days from the date the complaint is filed and front pay;

(4) liquidated damages of up to $10,000;

(5) compensatory damages;

(6) compensation for any costs incurred as a result of the violation, including litigation costs, expert witness fees, and reasonable attorney's fees; and

(7) (6) additionally, the court shall award a civil penalty of $10,000 payable to the employee.

(Source: P.A. 103-867, eff. 1-1-25.)