| |||||||
| |||||||
1 | AN ACT concerning civil law. | ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly: | ||||||
4 | Section 5. The Whistleblower Act is amended by changing | ||||||
5 | Sections 5, 15, 20, 20.1, 20.2, 25, and 30 and by adding | ||||||
6 | Section 31 and 32 as follows: | ||||||
7 | (740 ILCS 174/5) | ||||||
8 | Sec. 5. Definitions. As used in this Act: | ||||||
9 | "Adverse employment action" means an action that a | ||||||
10 | reasonable employee would find materially adverse. An action | ||||||
11 | is materially adverse when it could dissuade a reasonable | ||||||
12 | worker from disclosing or threatening to disclose information | ||||||
13 | protected by Section 15 or from refusing under Section 20. | ||||||
14 | "Employer" means: an individual, sole proprietorship, | ||||||
15 | partnership, firm, corporation, association, and any other | ||||||
16 | entity that has one or more employees in this State, including | ||||||
17 | a political subdivision of the State; a unit of local | ||||||
18 | government; a school district, combination of school | ||||||
19 | districts, or governing body of a joint agreement of any type | ||||||
20 | formed by two or more school districts; a community college | ||||||
21 | district, State college or university, or any State agency | ||||||
22 | whose major function is providing educational services; any | ||||||
23 | authority including a department, division, bureau, board, |
| |||||||
| |||||||
1 | commission, or other agency of these entities; and any person | ||||||
2 | acting within the scope of his or her authority, express or | ||||||
3 | implied, on behalf of those entities in dealing with its | ||||||
4 | employees within the scope of his or her authority express or | ||||||
5 | implied on behalf of those entities in dealing with its | ||||||
6 | employees . | ||||||
7 | "Employee" means any individual permitted to work who is | ||||||
8 | employed on a full-time, part-time, or contractual basis by an | ||||||
9 | employer unless: | ||||||
10 | (1) the individual has been and will continue to be | ||||||
11 | free from control and direction over the performance of | ||||||
12 | his or her work, both under his or her contract of service | ||||||
13 | with his or her employer and in fact; | ||||||
14 | (2) the individual performs work which is either | ||||||
15 | outside the usual course of business or is performed | ||||||
16 | outside all of the places of business of the employer | ||||||
17 | unless the employer is in the business of contracting with | ||||||
18 | parties for the placement of employees; and | ||||||
19 | (3) the individual is in an independently established | ||||||
20 | trade, occupation, profession, or business. | ||||||
21 | "Employee" also includes, but is not limited to, a | ||||||
22 | licensed physician who practices his or her profession, in | ||||||
23 | whole or in part, at a hospital, nursing home, clinic, or any | ||||||
24 | medical facility that is a health care facility funded, in | ||||||
25 | whole or in part, by the State. | ||||||
26 | "Public body" means any of the following: the State; any |
| |||||||
| |||||||
1 | officer, board, political subdivision, or commission of the | ||||||
2 | State; any institution supported in whole or in part by public | ||||||
3 | funds; units of local government; and school districts. | ||||||
4 | "Retaliatory action" means an adverse employment action or | ||||||
5 | the threat of an adverse employment action by an employer or | ||||||
6 | his or her agent to penalize or any non-employment action that | ||||||
7 | would dissuade a reasonable worker from disclosing information | ||||||
8 | under this Act. "Retaliatory action" includes, but is not | ||||||
9 | limited to: | ||||||
10 | (1) taking, or threatening to take, any action that | ||||||
11 | would intentionally interfere with an employee's ability | ||||||
12 | to obtain future employment or post-termination | ||||||
13 | retaliation to intentionally interfere with a former | ||||||
14 | employee's employment; | ||||||
15 | (2) taking, or threatening to take, any action | ||||||
16 | prohibited by subsection (G) of Section 2-102 of the | ||||||
17 | Illinois Human Rights Act; or | ||||||
18 | (3) contacting, or threatening to contact, United | ||||||
19 | States immigration authorities, or otherwise reporting, or | ||||||
20 | threatening to report, an employee's suspected or actual | ||||||
21 | citizenship or immigration status or the suspected or | ||||||
22 | actual citizenship or immigration status of an employee's | ||||||
23 | family or household member to a federal, State, or local | ||||||
24 | agency. | ||||||
25 | "Retaliatory action" does not include: | ||||||
26 | (1) conduct undertaken at the express and specific |
| |||||||
| |||||||
1 | direction or request of the federal government; | ||||||
2 | (2) truthful, performance-related information about an | ||||||
3 | employee or former employee provided in good faith to a | ||||||
4 | prospective employer at the request of the prospective | ||||||
5 | employer; or . | ||||||
6 | (3) conduct undertaken if specifically required by | ||||||
7 | State or federal law. "Employee" also includes, but is not | ||||||
8 | limited to, a licensed physician who practices his or her | ||||||
9 | profession, in whole or in part, at a hospital, nursing | ||||||
10 | home, clinic, or any medical facility that is a health | ||||||
11 | care facility funded, in whole or in part, by the State. | ||||||
12 | "Supervisor" means any individual who has the authority to | ||||||
13 | direct and control the work performance of the affected | ||||||
14 | employee; or any individual who has managerial authority to | ||||||
15 | take corrective action regarding a violation of the law, rule, | ||||||
16 | or regulation disclosed by an employee in accordance with | ||||||
17 | Section 15. | ||||||
18 | (Source: P.A. 95-128, eff. 1-1-08; 96-1253, eff. 1-1-11.) | ||||||
19 | (740 ILCS 174/15) | ||||||
20 | Sec. 15. Retaliation for certain disclosures prohibited. | ||||||
21 | (a) An employer may not take retaliatory action retaliate | ||||||
22 | against an employee who discloses or threatens to disclose to | ||||||
23 | a public body conducting an investigation, or in a court, an | ||||||
24 | administrative hearing, or any other proceeding initiated by a | ||||||
25 | public body, information related to an activity, policy, or |
| |||||||
| |||||||
1 | practice of the employer where the employee has a good faith | ||||||
2 | belief that the activity, policy, or practice (i) violates in | ||||||
3 | a court, an administrative hearing, or before a legislative | ||||||
4 | commission or committee, or in any other proceeding, where the | ||||||
5 | employee has reasonable cause to believe that the information | ||||||
6 | discloses a violation of a State or federal law, rule, or | ||||||
7 | regulation or (ii) poses a substantial and specific danger to | ||||||
8 | employees, public health, or safety . | ||||||
9 | (b) An employer may not take retaliatory action retaliate | ||||||
10 | against an employee for disclosing or threatening to disclose | ||||||
11 | information to a government or law enforcement agency | ||||||
12 | information related to an activity, policy, or practice of the | ||||||
13 | employer , where the employee has a good faith belief that the | ||||||
14 | activity, policy, or practice of the employer (i) violates | ||||||
15 | reasonable cause to believe that the information discloses a | ||||||
16 | violation of a State or federal law, rule, or regulation or | ||||||
17 | (ii) poses a substantial and specific danger to employees, | ||||||
18 | public health, or safety . | ||||||
19 | (c) An employer may not take retaliatory action against an | ||||||
20 | employee for disclosing or threatening to disclose to any | ||||||
21 | supervisor, principal officer, board member, or supervisor in | ||||||
22 | an organization that has a contractual relationship with the | ||||||
23 | employer who makes the employer aware of the disclosure, | ||||||
24 | information related to an activity, policy, or practice of the | ||||||
25 | employer if the employee has a good faith belief that the | ||||||
26 | activity, policy, or practice (i) violates a State or federal |
| |||||||
| |||||||
1 | law, rule, or regulation or (ii) poses a substantial and | ||||||
2 | specific danger to employees, public health, or safety. | ||||||
3 | (Source: P.A. 95-128, eff. 1-1-08.) | ||||||
4 | (740 ILCS 174/20) | ||||||
5 | Sec. 20. Retaliation for certain refusals prohibited. An | ||||||
6 | employer may not take retaliatory action retaliate against an | ||||||
7 | employee for refusing to participate in an activity that the | ||||||
8 | employee has a good faith belief that such participation would | ||||||
9 | result in a violation of a State or federal law, rule, or | ||||||
10 | regulation, including, but not limited to, violations of the | ||||||
11 | Freedom of Information Act. | ||||||
12 | (Source: P.A. 96-555, eff. 8-18-09.) | ||||||
13 | (740 ILCS 174/20.1) | ||||||
14 | Sec. 20.1. Other retaliation. Any other act or omission | ||||||
15 | not otherwise specifically set forth in this Act, whether | ||||||
16 | within or without the workplace, also constitutes retaliatory | ||||||
17 | action retaliation by an employer under this Act if the act or | ||||||
18 | omission would be materially adverse to a reasonable employee | ||||||
19 | and is because of the employee disclosing or attempting to | ||||||
20 | disclose public corruption or wrongdoing. | ||||||
21 | (Source: P.A. 96-555, eff. 8-18-09.) | ||||||
22 | (740 ILCS 174/20.2) | ||||||
23 | Sec. 20.2. Threatening retaliation. An employer may not |
| |||||||
| |||||||
1 | threaten any employee with any act or omission if that act or | ||||||
2 | omission would constitute retaliatory action retaliation | ||||||
3 | against the employee under this Act. | ||||||
4 | (Source: P.A. 96-555, eff. 8-18-09.) | ||||||
5 | (740 ILCS 174/25) | ||||||
6 | Sec. 25. Criminal Civil penalty. Violation of this Act is | ||||||
7 | a Class A misdemeanor. | ||||||
8 | (Source: P.A. 93-544, eff. 1-1-04.) | ||||||
9 | (740 ILCS 174/30) | ||||||
10 | Sec. 30. Damages and penalties for the employee . If an | ||||||
11 | employer takes any retaliatory action against an employee in | ||||||
12 | violation of Section 15 or 20, the employee may bring a civil | ||||||
13 | action against the employer for all relief necessary to make | ||||||
14 | the employee whole, including but not limited to the | ||||||
15 | following, as appropriate: | ||||||
16 | (1) permanent or preliminary injunctive relief; | ||||||
17 | (2) reinstatement with the same seniority status that | ||||||
18 | the employee would have had, but for the violation; | ||||||
19 | (3) (2) back pay, with interest of 9% per annum up to 90 | ||||||
20 | calendar days from the date the complaint is filed and | ||||||
21 | front pay ; and | ||||||
22 | (4) liquidated damages of up to $10,000; | ||||||
23 | (5) (3) compensation for any costs incurred damages | ||||||
24 | sustained as a result of the violation, including |
| |||||||
| |||||||
1 | litigation costs, expert witness fees, and reasonable | ||||||
2 | attorney's fees ; and . | ||||||
3 | (6) additionally, the court shall award a civil | ||||||
4 | penalty of $10,000 payable to the employee. | ||||||
5 | (Source: P.A. 93-544, eff. 1-1-04.) | ||||||
6 | (740 ILCS 174/31 new) | ||||||
7 | Sec. 31. Attorney General enforcement. | ||||||
8 | (a) Whenever the Attorney General has reasonable cause to | ||||||
9 | believe that any person or entity has engaged in a practice | ||||||
10 | prohibited by this Act, the Attorney General may, pursuant to | ||||||
11 | the authority conferred by Section 6.3 of the Attorney General | ||||||
12 | Act, initiate or intervene in a civil action in the name of the | ||||||
13 | People of the State in any appropriate court to obtain | ||||||
14 | appropriate relief. | ||||||
15 | (b) Before initiating an action, the Attorney General may | ||||||
16 | conduct an investigation and may: | ||||||
17 | (1) require an individual or entity to file a | ||||||
18 | statement or report in writing, under oath or otherwise, | ||||||
19 | as to all information the Attorney General may consider | ||||||
20 | necessary; | ||||||
21 | (2) examine under oath any person alleged to have | ||||||
22 | participated in, or with knowledge of, the alleged | ||||||
23 | violation; or | ||||||
24 | (3) issue subpoenas or conduct hearings in aid of any | ||||||
25 | investigation. |
| |||||||
| |||||||
1 | (c) Service by the Attorney General of any notice | ||||||
2 | requiring a person or entity to file a statement or report, or | ||||||
3 | of a subpoena upon any person or entity, shall be made: | ||||||
4 | (1) personally by delivery of a duly executed copy | ||||||
5 | thereof to the person to be served or, if a person is not a | ||||||
6 | natural person, in the manner provided in the Code of | ||||||
7 | Civil Procedure when a complaint is filed; or | ||||||
8 | (2) by mailing by certified mail a duly executed copy | ||||||
9 | thereof to the person to be served at his or her last known | ||||||
10 | abode or principal place of business within this State or, | ||||||
11 | if the person is not a natural person, in the manner | ||||||
12 | provided in the Code of Civil Procedure when a complaint | ||||||
13 | is filed. | ||||||
14 | The Attorney General may compel compliance with | ||||||
15 | investigative demands under this Section through an order by | ||||||
16 | any court of competent jurisdiction. | ||||||
17 | (d)(1) In an action brought under this Act, the Attorney | ||||||
18 | General may obtain, as a remedy, monetary damages to the | ||||||
19 | State, restitution, and equitable relief, including any | ||||||
20 | permanent or preliminary injunction, temporary restraining | ||||||
21 | order, or other order, including an order enjoining the | ||||||
22 | defendant from engaging in a violation, or order any action as | ||||||
23 | may be appropriate. | ||||||
24 | The Attorney General may request, and the court may grant, | ||||||
25 | any remedy available under Section 30 of this Act to the | ||||||
26 | employee or employees affected by the violation. Additionally, |
| |||||||
| |||||||
1 | the Attorney General may request and the court may impose a | ||||||
2 | civil penalty not to exceed $10,000 for each repeat violation | ||||||
3 | within a 5-year period. For purposes of this Section, each | ||||||
4 | violation of this Act for each employee that the employer took | ||||||
5 | or threatened to take retaliatory action against shall | ||||||
6 | constitute a separate and distinct violation. | ||||||
7 | (2) A civil penalty imposed under this subsection shall be | ||||||
8 | deposited into the Attorney General Court Ordered and | ||||||
9 | Voluntary Compliance Payment Projects Fund. | ||||||
10 | (740 ILCS 174/32 new) | ||||||
11 | Sec. 32. Defenses to actions. It shall be a defense to any | ||||||
12 | action brought under this Act that the retaliatory action was | ||||||
13 | predicated solely upon grounds other than the employee's | ||||||
14 | exercise of any rights protected by this Act. | ||||||
15 | Section 90. Applicability. The changes made by this | ||||||
16 | amendatory Act of the 103rd General Assembly apply to claims | ||||||
17 | arising or complaints filed on or after January 1, 2025. | ||||||
18 | Section 99. Effective date. This Act takes effect on | ||||||
19 | January 1, 2025. |