SB3588 Engrossed

LRB096 15672 RLC 36327 b






1
    AN ACT concerning employment.

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


 
4
    Section 5. The Personnel Record Review Act is amended  by 
5
changing Section 7 as follows:
 



6
    (820 ILCS 40/7)  (from Ch. 48, par. 2007)



7
    Sec. 7. 
(1) An employer or former employer shall not 
8
divulge a disciplinary
report, letter of reprimand, or other 
9
disciplinary action to a third party,
to a party who is not a 
10
part of the employer's organization, or to a party
who is not a 
11
part of a labor organization representing the employee, without

12
written notice as provided in this Section.

13
    (2) The written notice to the employee shall be by 
14
first-class mail to
the employee's last known address and shall 
15
be mailed on or before  the
day the information is divulged.

16
    (3) This Section shall not apply if:

17
        (a) the employee has specifically waived written 
18
    notice as part of a written,
signed employment application 
19
    with another employer;

20
        (b) the disclosure is ordered to a party in a legal 
21
    action or arbitration; or

22
        (c) information is requested by a government agency as 
23
    a result of a claim
or complaint by an employee, or as a 
 


 






SB3588 Engrossed
- 2 -
LRB096 15672 RLC 36327 b




1
    result of a criminal investigation by such agency.

2
    (4)  An employer who receives a request for records of a 
3
disciplinary
report, letter of reprimand, or other 
4
disciplinary action in relation to an employee under the 
5
Freedom of Information Act may provide notification to the 
6
employee in written form as described in subsection (2) or 
7
through electronic mail, if available. 
8
(Source: P.A. 83-1104.)

 

9
    Section 99. Effective date. This Act takes effect upon 
10
becoming law.