HB5170 103RD GENERAL ASSEMBLY

LRB103 39415 JRC 69598 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5170

Introduced 2/9/2024, by Rep. Abdelnasser Rashid

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.

A BILL FOR

AN ACT concerning employment.

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 5, 10, 15, 20, and 30 as follows:

(740 ILCS 174/5)

Sec. 5. Definitions. As used in this Act:

"Adverse action" has the same meaning as "adverse employment action" as that term is used in the Civil Rights Act of 1964. "Adverse action" includes retaliatory acts taken after the employment relationship between the employer and employee has ended.

"Employer" means: an individual, sole proprietorship, partnership, firm, corporation, association, and any other entity that has one or more employees in this State, including a political subdivision of the State; a unit of local government; a school district, combination of school districts, or governing body of a joint agreement of any type formed by two or more school districts; a community college district, State college or university, or any State agency whose major function is providing educational services; any authority including a department, division, bureau, board, commission, or other agency of these entities; and any person acting within the scope of his or her authority express or implied on behalf of those entities in dealing with its employees.

"Employee" means any individual who is employed on a full-time, part-time, or contractual basis by an employer. "Employee" also includes, but is not limited to, a licensed physician who practices his or her profession, in whole or in part, at a hospital, nursing home, clinic, or any medical facility that is a health care facility funded, in whole or in part, by the State.

"Retaliation" means the protected activity proximately caused any adverse action taken by an employer.

(Source: P.A. 95-128, eff. 1-1-08; 96-1253, eff. 1-1-11.)

(740 ILCS 174/10)

Sec. 10. Certain policies prohibited. An employer may not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency if the employee has a reasonable or good faith belief reasonable cause to believe that the information discloses a violation of a State or federal law, rule, or regulation.

(Source: P.A. 93-544, eff. 1-1-04.)

(740 ILCS 174/15)

Sec. 15. Retaliation for certain disclosures prohibited.

(a) An employer may not retaliate against an employee who discloses information in a court, an administrative hearing, or before a legislative commission or committee, or in any other proceeding, where the employee has a reasonable or good faith belief reasonable cause to believe that the information discloses a violation of a municipal, county, State or federal law, rule, or regulation.

(b) An employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, whether that agency is the employer or a third party, where the employee has a reasonable or good faith belief reasonable cause to believe that the information discloses a past, current, or future violation of a municipal, county, State, or federal law, rule, or regulation by the employer or a third party, including any individual. If the employee can articulate a coherent basis, even if mistaken, for contending the specific conduct identified is illegal, the disclosure is protected.

(Source: P.A. 95-128, eff. 1-1-08.)

(740 ILCS 174/20)

Sec. 20. Retaliation for certain refusals prohibited. An employer may not retaliate against an employee for refusing to participate in any past, current, or future an activity that 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, by the employer or a third party, including any individual. Invitations to participate in illegal activity do not need to be explicit.

(Source: P.A. 96-555, eff. 8-18-09.)

(740 ILCS 174/30)

Sec. 30. Damages. If an employer takes any action against an employee in violation of Section 15 or 20, 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) reinstatement with the same seniority status that the employee would have had, but for the violation;

(2) front pay in lieu of reinstatement;

(3) (2) back pay, with interest; and

(4) (3) compensation for any damages sustained as a result of the violation, including litigation costs, expert witness fees, and reasonable attorney's fees.

(Source: P.A. 93-544, eff. 1-1-04.)