Full Text of HB0361 103rd General Assembly
HB0361ham001 103RD GENERAL ASSEMBLY | Rep. Lilian Jiménez Filed: 3/16/2023
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| 1 | | AMENDMENT TO HOUSE BILL 361
| 2 | | AMENDMENT NO. ______. Amend House Bill 361 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Illinois Work Without Fear Act. | 6 | | Section 5. Legislative findings. The General Assembly | 7 | | finds as follows: | 8 | | Wage theft and other employment violations are a serious | 9 | | and widespread problem that cause severe hardship to workers, | 10 | | their families, and their communities. | 11 | | When a worker is denied wages or forced to work "off the | 12 | | clock", there is an immediate and irreparable harm to the | 13 | | worker and their family. | 14 | | Low-wage, often immigrant, workers are among the most | 15 | | frequent victims of wage theft and other employment violations | 16 | | and are also exposed to the greatest hazards at work. |
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| 1 | | Immigrant workers are among those most frequently injured | 2 | | or killed on the job. | 3 | | These problems cannot be addressed unless workers are able | 4 | | to come forward and call attention to violations in their | 5 | | workplace. | 6 | | Workers who come forward to expose unfair, unsafe, or | 7 | | illegal conditions face retaliation with alarming frequency. | 8 | | Where those workers are immigrants, retaliation often involves | 9 | | threats or efforts to contact law enforcement agencies, | 10 | | including immigration enforcement agencies, if a worker | 11 | | engages in protected conduct. | 12 | | No worker should have to fear adverse action, whether it | 13 | | involves threats to cut hours, move a worker to an undesirable | 14 | | schedule, or contact law enforcement agencies, for engaging in | 15 | | employment rights guaranteed by the State. | 16 | | It is in the public policy interest of the State that | 17 | | workers be able to report concerns to their employers, their | 18 | | coworkers, their communities, and to Illinois labor | 19 | | enforcement agencies without fear of retaliation or | 20 | | discrimination. | 21 | | It is in the public policy interest of the State for | 22 | | workers to be willing to come forward to expose hazardous, | 23 | | unsafe, and unfair conditions at their worksites so that | 24 | | local, State, and federal agencies can effectively enforce the | 25 | | laws. | 26 | | It is essential to the enforcement of State labor laws |
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| 1 | | that broad, clear, and effective protections exist for workers | 2 | | engaging in conduct protected by law from all forms of | 3 | | employer retaliation, including prohibiting | 4 | | immigration-related threats. | 5 | | Section 10. Definitions. As used in this Act: | 6 | | "Chapter" means Chapter 820 of the Illinois Compiled | 7 | | Statutes under the Title of Employment. | 8 | | "Department" means the Department of Labor. | 9 | | "Director" means the Director of the Department. | 10 | | "Family or household member" means a spouse or party to a | 11 | | civil union, parent, grandparent, child, grandchild, sibling, | 12 | | or any other person related by blood or by present or prior | 13 | | marriage or civil union, any other person who shares a | 14 | | relationship through a child, or any other individual whose | 15 | | close association with the employee is the equivalent of a | 16 | | family relationship as determined by the employee, and persons | 17 | | jointly residing in the same household. | 18 | | "Local employment ordinance" means any local ordinance | 19 | | applicable to the performance of work by an individual for any | 20 | | person or entity. | 21 | | "License" means any agency permit, certificate, approval, | 22 | | registration, or charter that is required by law and that is | 23 | | issued by any agency for the purposes of operating a business | 24 | | in this State. "License" does not include a professional | 25 | | license. |
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| 1 | | "Person" means every natural person, firm, partnership, | 2 | | copartnership, limited liability company, corporation, | 3 | | association, business trust, or other legal entity, or its | 4 | | legal representatives, agents, or assigns. | 5 | | "Violation" means each incident involving retaliation, | 6 | | without reference to the number of employees involved in the | 7 | | incident. | 8 | | Section 15. Prohibited retaliation. | 9 | | (a) It shall be unlawful for any person to engage in, or to | 10 | | direct another person to engage in, retaliation against any | 11 | | person or their family member or household member for the | 12 | | purpose of, or with the intent of, retaliating against any | 13 | | person for exercising any right protected under this Chapter | 14 | | or by any local employment ordinance, or as defined in | 15 | | subsection (b). Exercising a right protected by this Chapter | 16 | | or local employment ordinance includes, but is not limited to, | 17 | | the following: | 18 | | (1) Filing a complaint or informing any person of any | 19 | | person's alleged violation of this Chapter or local | 20 | | employment ordinance, so long as the complaint or | 21 | | disclosure is made in good faith. | 22 | | (2) Seeking information regarding whether any person | 23 | | is in compliance with this Chapter or local employment | 24 | | ordinance. | 25 | | (3) Informing a person of his or her potential rights |
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| 1 | | and remedies under this Chapter or local employment | 2 | | ordinance, and assisting him or her in asserting those | 3 | | rights. | 4 | | (4) Filing a complaint, seeking information, or | 5 | | informing a person of his or her rights concerning conduct | 6 | | prohibited by Section 2-101 of the Illinois Human Rights | 7 | | Act. | 8 | | (b) As used in this Section, "retaliation" means any of | 9 | | the following practices, when undertaken for the retaliatory | 10 | | purposes prohibited by subsection (a): | 11 | | (1) engaging in or threatening to engage in an adverse | 12 | | employment action to discharge, suspend, penalize, demote, | 13 | | or discriminate against a person in the terms or | 14 | | conditions of employment; | 15 | | (2) engaging in or threatening adverse actions that | 16 | | would impact a person's current or future employment; | 17 | | (3) contacting or threatening to contact United States | 18 | | immigration authorities, or otherwise reporting or | 19 | | threatening to report, a person's suspected citizenship or | 20 | | immigration status or the suspected citizenship or | 21 | | immigration status of a family or household member of the | 22 | | person to a federal, State, or local agency; | 23 | | (4) filing or threatening to file a false police | 24 | | report; | 25 | | (5) using the federal E-Verify system to check the | 26 | | employment authorization status of a person at a time or |
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| 1 | | in a manner not required under 8 U.S.C. 1324a(b) or not | 2 | | authorized under any memorandum of understanding governing | 3 | | the use of the federal E-Verify system; and | 4 | | (6) engaging in unfair documentary practices by | 5 | | demanding more or different documents than necessary, | 6 | | requesting specific documents, or rejecting reasonably | 7 | | genuine-looking documents while verifying a person's | 8 | | citizenship, immigration status, or national origin, as | 9 | | defined by 8 U.S.C. 1324b(a)(6).
| 10 | | "Retaliation" does not include conduct undertaken at the | 11 | | express and specific direction or request of the federal | 12 | | government. | 13 | | (c) Engaging in retaliation against a person within 90 | 14 | | days of the person's exercise of rights protected under this | 15 | | Chapter or local employment ordinance shall raise a rebuttable | 16 | | presumption of having done so in retaliation for the exercise | 17 | | of those rights. | 18 | | Section 20. Enforcement by Department. | 19 | | (a) It shall be the duty of the Department to inquire | 20 | | diligently for any violations of this Act, institute the | 21 | | actions for penalties herein provided, and enforce generally | 22 | | the provisions of this Act. | 23 | | (1) A person may file a complaint with the Department | 24 | | alleging violations of this Act by submitting a signed, | 25 | | completed application on the form provided by the |
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| 1 | | Department, alleging retaliation, and by submitting copies | 2 | | of all supporting documentation. Complaints shall be filed | 3 | | within one year after the date of the retaliation. | 4 | | (2) Applications shall be reviewed by the Department | 5 | | to determine whether there is cause for investigation. | 6 | | (b) The Department shall have the following powers to | 7 | | enforce this Act: | 8 | | (1) to investigate and attempt equitably to adjust | 9 | | controversies between parties in respect of claims of | 10 | | retaliation under this Act and to that end the Department | 11 | | through the Director or any other person in the Department | 12 | | designated by the Director, shall have the power to | 13 | | administer oaths, subpoena and examine witnesses, issue | 14 | | subpoenas duces tecum requiring the production of such | 15 | | books, papers, records, and documents as may be evidence | 16 | | of any matter under inquiry, and examine and inspect the | 17 | | same as may relate to the question in dispute. Service of | 18 | | such subpoenas shall be made by any sheriff or any person. | 19 | | Any court in this State, upon the application of the | 20 | | Department may compel attendance of witnesses, the | 21 | | production of books and papers, and the giving of | 22 | | testimony before the Department by attachment for contempt | 23 | | or in any other way as the production of evidence may be | 24 | | compelled before such court; | 25 | | (2) to take assignments of retaliation in the name of | 26 | | the Director and his or her successors in office and |
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| 1 | | prosecute actions for the collection of unfair retaliation | 2 | | for persons financially unable to prosecute such claims | 3 | | when in the judgment of the Department such claims are | 4 | | valid and enforceable in the courts. No court costs or any | 5 | | fees for necessary process and proceedings shall be | 6 | | payable in advance by the Department for prosecuting such | 7 | | actions. If there is a judgment rendered against the | 8 | | defendant, the court shall assess as part of such judgment | 9 | | the costs of such proceeding. Upon collection of such | 10 | | judgments the Department shall pay from the proceeds of | 11 | | such judgment such costs to such person who is by law | 12 | | entitled to same. The Department may join in a single | 13 | | proceeding any number of unfair retaliation claims against | 14 | | the same employer but the court shall have discretionary | 15 | | power to order a severance or separate trial for hearings; | 16 | | (3) to make complaint in any court of competent | 17 | | jurisdiction of violations of this Act; and | 18 | | (4) to order the appropriate government agency to | 19 | | suspend licenses held by violating parties as described in | 20 | | in paragraphs (1) through (3) of subsection (b) of Section | 21 | | 15. | 22 | | In addition to the aforementioned powers, subject to | 23 | | appropriation, the Department may establish an administrative | 24 | | procedure to adjudicate claims and to issue final and binding | 25 | | administrative decisions on such claims subject to the | 26 | | Administrative Review Law. To establish such a procedure, the |
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| 1 | | Director or the Director's authorized representative may adopt | 2 | | rules. The adoption, amendment, or rescission of rules for | 3 | | such a procedure shall be in conformity with the requirements | 4 | | of the Illinois Administrative Procedure Act. If a final and | 5 | | binding administrative decision issued by the Department | 6 | | requires an employer or other party to pay wages, penalties, | 7 | | or other amounts in connection with a retaliation claim, and | 8 | | the employer or other party has neither (i) made the required | 9 | | payment within 35 days of the issuance of the final and binding | 10 | | administrative decision, nor (ii) timely filed a complaint | 11 | | seeking review of the final and binding administrative | 12 | | decision pursuant to the Administrative Review Law in a court | 13 | | of competent jurisdiction, the Department may file a verified | 14 | | petition against the employer or other party to enforce the | 15 | | final administrative decision and to collect any amounts due | 16 | | in connection therewith in the circuit court of any county | 17 | | where an official office of the Department is located. | 18 | | Section 25. Enforcement by Attorney General. | 19 | | (a) Whenever the Attorney General has reasonable cause to | 20 | | believe that any person has violated this Act, the Attorney | 21 | | General may, pursuant to the authority in Section 6.3 of the | 22 | | Attorney General Act, initiate or intervene in a civil action | 23 | | in the name of the People of the State in any circuit court to | 24 | | obtain appropriate relief. | 25 | | (b) Before initiating or intervening in an action, the |
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| 1 | | Attorney General may, pursuant to the authority in Section 6.3 | 2 | | of the Attorney General Act, conduct an investigation and may: | 3 | | (1) require any individual to file a statement or | 4 | | report in writing, under oath or otherwise, as to all | 5 | | information the Attorney General may consider necessary; | 6 | | (2) examine under oath any individual alleged to have | 7 | | participated in or with knowledge of the alleged | 8 | | violation; or | 9 | | (3) issue subpoenas or conduct hearings in aid of any | 10 | | investigation. | 11 | | (c) Whenever a party refuses to produce a document, answer | 12 | | an interrogatory, or provide testimony under oath in response | 13 | | to a subpoena from the Attorney General, the Attorney General, | 14 | | pursuant to the authority in Section 6.3 of the Attorney | 15 | | General Act, may petition the circuit court for an order | 16 | | compelling compliance. | 17 | | Section 30. Private right of action. Nothing in this Act | 18 | | shall be construed to prevent any person from making complaint | 19 | | or prosecuting his or her own claim for damages caused by | 20 | | retaliation. Any person aggrieved by an actual or suspected | 21 | | violation of this Act or any rule adopted under this Act may | 22 | | file suit in circuit court in the county where the alleged | 23 | | violation occurred or where any person who is party to the | 24 | | action resides, without regard to exhaustion of any | 25 | | alternative administrative remedies provided in this Act. |
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| 1 | | Actions may be brought by one or more persons for and on behalf | 2 | | of themselves and other persons similarly situated. | 3 | | Section 35. Remedies and penalties. | 4 | | (a) A person who is the subject of retaliation prohibited | 5 | | by this Act, or a representative of that person, may bring a | 6 | | civil action for any one or more of the following remedies: | 7 | | (1) back pay, with interest, and front pay, or, in | 8 | | lieu of actual damages, at the person subject to | 9 | | retaliation's election, liquidated damages of $30,000; | 10 | | (2) a civil penalty in an amount of $10,000, payable | 11 | | to the person subject to retaliation; | 12 | | (3) reasonable attorney's fees and court costs, | 13 | | including any expert witness costs; and | 14 | | (4) equitable relief as the court may deem appropriate | 15 | | and just. | 16 | | (b) A person that violates any provision of this Act shall | 17 | | be subject to an additional civil penalty in an amount of | 18 | | $25,000 for each violation of Section 15, or $50,000 for each | 19 | | repeat violation within a 5-year period. | 20 | | The penalty amount may be recovered in any administrative | 21 | | proceeding by the Department, or civil action filed in any | 22 | | circuit court by the Director or the Attorney General. All | 23 | | moneys received by the Department as fees and civil penalties | 24 | | under this Act shall be deposited into the Employee | 25 | | Classification Fund and shall be used, subject to |
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| 1 | | appropriation by the General Assembly, by the Department for | 2 | | administration, investigation, and other expenses incurred in | 3 | | carrying out its powers and duties under this Act. | 4 | | In any civil action brought by the Attorney General, the | 5 | | penalty amount shall be deposited into the Attorney General | 6 | | Court Ordered and Voluntary Compliance Payment Projects Fund. | 7 | | Moneys in the Fund shall be used, subject to appropriation by | 8 | | the General Assembly, for the performance of any function | 9 | | pertaining to the exercise of the duties of the Attorney | 10 | | General, including, but not limited to, enforcement of any law | 11 | | of this State and conducting public education programs; | 12 | | however, any moneys in the Fund that are required by the court | 13 | | or by an agreement to be used for a particular purpose shall be | 14 | | used for that purpose. Any uncollected penalty amount shall be | 15 | | subject to the provisions of the Illinois State Collection Act | 16 | | of 1986. | 17 | | (c) Upon a finding by a court of applicable jurisdiction | 18 | | of a violation of this Act: | 19 | | (1) For a first violation, the court, in its | 20 | | discretion, may order the appropriate government agencies | 21 | | to suspend all licenses subject to this Chapter that are | 22 | | held by the violating party for a period of up to 14 days. | 23 | | For the purposes of this paragraph, the licenses that are | 24 | | subject to suspension are all licenses held by the | 25 | | violating party specific to the business location or | 26 | | locations where the retaliation occurred. In determining |
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| 1 | | whether a suspension of all licenses is appropriate, the | 2 | | court shall consider whether the violating party knowingly | 3 | | committed retaliation, the good faith efforts of the | 4 | | violating party to resolve any alleged retaliation after | 5 | | receiving notice of the violations, as well as the harm | 6 | | other persons performing work for the violating party, or | 7 | | for other parties sharing job sites with the violating | 8 | | party, will suffer as a result of the suspension of all | 9 | | licenses. On receipt of the court's order and | 10 | | notwithstanding any other law, the appropriate agencies | 11 | | shall suspend the licenses according to the court's order. | 12 | | (2) For a second violation, the court, in its | 13 | | discretion, may order the appropriate government agencies | 14 | | to suspend all licenses that are held by the violating | 15 | | party specific to the business location or locations where | 16 | | the unfair retaliation occurred, for a period of up to 30 | 17 | | days. In determining whether a suspension of all licenses | 18 | | is appropriate, the court shall consider whether the | 19 | | violating party knowingly committed retaliation, the good | 20 | | faith efforts of the violating party to resolve any | 21 | | alleged retaliation after receiving notice of the | 22 | | violations, as well as the harm other persons performing | 23 | | work for the violating party, or for other parties sharing | 24 | | job sites with the violating party, will suffer as a | 25 | | result of the suspension of all licenses. On receipt of | 26 | | the court's order and notwithstanding any other law, the |
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| 1 | | appropriate agencies shall immediately suspend the | 2 | | licenses. | 3 | | (3) For a third violation, or any violation | 4 | | thereafter, the court, in its discretion, may order the | 5 | | appropriate government agencies to suspend for a period of | 6 | | up to 90 days all licenses that are held by the violating | 7 | | party specific to the business location or locations where | 8 | | the retaliation occurred. In determining whether a | 9 | | suspension of all licenses is appropriate, the court shall | 10 | | consider whether the violating party knowingly committed | 11 | | retaliation, the good faith efforts of the violating party | 12 | | to resolve any alleged retaliation after receiving notice | 13 | | of the violations, as well as the harm other persons | 14 | | performing work for the violating party, or for other | 15 | | parties sharing job sites with the violating party, will | 16 | | suffer as a result of the suspension of all licenses. On | 17 | | receipt of the court's order and notwithstanding any other | 18 | | law, the appropriate agencies shall immediately suspend | 19 | | the licenses. | 20 | | (d) An action under this Act shall not limit or otherwise | 21 | | affect the applicability of other rights and remedies under | 22 | | this Chapter or under the Whistleblower Act. | 23 | | Section 40. Administration. The Director or the Director's | 24 | | authorized representatives shall administer and enforce the | 25 | | provisions of this Act. In order to accomplish the objectives |
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| 1 | | of this Act and to carry out the duties prescribed by this Act, | 2 | | the Director or the Director's authorized representative | 3 | | shall, within 120 days of the effective date of this Act, adopt | 4 | | rules necessary to administer and enforce the provisions of | 5 | | this Act, including the procedures that shall be followed for | 6 | | investigations and hearings under Section 20. The adoption, | 7 | | amendment, or rescission of rules shall be in conformity with | 8 | | the requirements of the Illinois Administrative Procedure Act. | 9 | | Section 45. The Whistleblower Act is amended by changing | 10 | | Sections 5, 15, 20, 20.1, 20.2, 25, and 30 and by adding | 11 | | Section 31 as follows:
| 12 | | (740 ILCS 174/5)
| 13 | | Sec. 5. Definitions. As used in this Act:
| 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, | 24 | | commission, or other agency of these entities; and any person |
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| 1 | | acting directly or indirectly in the interest of an employer | 2 | | in relation to an employee within the scope of his or her | 3 | | authority express or
implied on behalf of those entities in | 4 | | dealing with its employees .
| 5 | | "Employee" means any individual permitted to work who is | 6 | | employed on a full-time,
part-time, or contractual basis by an | 7 | | employer in an occupation . "Employee" also includes, but is | 8 | | not limited to, a licensed physician who practices his or her | 9 | | profession, in whole or in part, at a hospital, nursing home, | 10 | | clinic, or any medical facility that is a health care facility | 11 | | funded, in whole or in part, by the State. "Employee" does not | 12 | | include any individual:
| 13 | | (1) who has been and will continue to be free from | 14 | | control and direction over the performance of his or her | 15 | | work, both under his or her contract of service with his or | 16 | | her employer and in fact; | 17 | | (2) who performs work which is either outside the | 18 | | usual course of business or is performed outside all of | 19 | | the places of business of the employer unless the employer | 20 | | is in the business of contracting with third parties for | 21 | | the placement of employees; and | 22 | | (3) who is in an independently established trade, | 23 | | occupation, profession, or business. | 24 | | "Public body" means the State or any officer, board, or | 25 | | commission of the State, or any political subdivision or | 26 | | department thereof, or any institution supported in whole or |
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| 1 | | in part by public funds, and includes every county, city, | 2 | | town, village, township, school district, irrigation, utility, | 3 | | reclamation improvement or other district and every other | 4 | | political subdivision, district, or municipality of the State | 5 | | whether such political subdivision, municipality, or district | 6 | | operates under a special charter or not, and any enforcement | 7 | | agency related to any such public body. | 8 | | "Retaliatory action" means an adverse action taken by an | 9 | | employer or his or her agent to discharge, threaten, penalize, | 10 | | or in any other manner discriminate against any employee or | 11 | | former employee. "Retaliatory action" includes, but is not | 12 | | limited to: | 13 | | (1) taking, or threatening to take, an adverse | 14 | | employment action, such as discharge, suspension, or | 15 | | demotion, against an employee in the terms or conditions | 16 | | of employment; | 17 | | (2) taking, or threatening to take, any action that | 18 | | would adversely impact a former employee's current or | 19 | | future employment; | 20 | | (3) contacting, or threatening to contact, United | 21 | | States immigration authorities, or otherwise reporting, or | 22 | | threatening to report, an employee's suspected citizenship | 23 | | or immigration status or the suspected citizenship or | 24 | | immigration status of an employee's family or household | 25 | | member to a federal, State, or local agency; | 26 | | (4) using the federal E-Verify system to check the |
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| 1 | | employment authorization status of a person at a time or | 2 | | in a manner not required under 1324a(b) or not authorized | 3 | | under any memorandum of understanding governing the use of | 4 | | the federal E-Verify system; or | 5 | | (5) engaging in unfair documentary practices by | 6 | | demanding more or different documents than necessary, | 7 | | requesting specific documents, or rejecting reasonably | 8 | | genuine-looking documents while verifying a worker's | 9 | | citizenship, immigration status, or national origin, as | 10 | | defined by 8 U.S.C. 1324b(a)(6) | 11 | | "Supervisor" means any individual (i) within an employer's | 12 | | organization, or an organization the employer has a | 13 | | contractual relationship with, (ii) who has the authority to | 14 | | direct and control the work performance of the affected | 15 | | employee, or (iii) who has managerial authority to take | 16 | | corrective action regarding a violation of the law, rule, or | 17 | | regulation disclosed by an employee in accordance with Section | 18 | | 15. | 19 | | (Source: P.A. 95-128, eff. 1-1-08; 96-1253, eff. 1-1-11.)
| 20 | | (740 ILCS 174/15)
| 21 | | Sec. 15. Retaliation for certain disclosures prohibited.
| 22 | | (a) An employer may not take retaliatory action retaliate | 23 | | against an employee who discloses or threatens to disclose | 24 | | information about an activity, policy, or practice of the | 25 | | employer to in a court, an administrative hearing, a public |
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| 1 | | body conducting an investigation, or or before a legislative | 2 | | commission or committee, or in any other proceeding initiated | 3 | | by a public body , where the employee has reasonable cause to | 4 | | believe that the activity, policy or practice (i) violates the | 5 | | information discloses a violation of a State or federal law, | 6 | | rule, or regulation or (ii) poses a substantial and specific | 7 | | danger to public health or safety. . | 8 | | (b) An employer
may not take retaliatory action retaliate | 9 | | against an employee for disclosing or threatening to disclose | 10 | | information to a
government or law enforcement agency an | 11 | | activity, policy, or practice of the employer , where the | 12 | | employee has reasonable
cause to believe that the activity, | 13 | | policy, or practice (i) violates the information discloses a | 14 | | violation of a State
or federal law, rule, or regulation or | 15 | | (ii) poses a substantial and specific danger to public health | 16 | | or safety .
| 17 | | (c) An employer may not take retaliatory action against an | 18 | | employee for disclosing or threatening to disclose to a | 19 | | supervisor an activity, policy, or practice of the employer | 20 | | that the employee has reasonable cause to believe (i) violates | 21 | | a State or federal law, rule, or regulation or (ii) poses a | 22 | | substantial and specific danger to public health or safety. | 23 | | (Source: P.A. 95-128, eff. 1-1-08.)
| 24 | | (740 ILCS 174/20)
| 25 | | Sec. 20. Retaliation for certain refusals prohibited. An |
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| 1 | | employer
may not take retaliatory action retaliate against an | 2 | | employee for refusing to participate in an
activity that would | 3 | | result in a violation of a State or federal law,
rule, or
| 4 | | regulation, including, but not limited to, violations of the | 5 | | Freedom of Information Act.
| 6 | | (Source: P.A. 96-555, eff. 8-18-09.)
| 7 | | (740 ILCS 174/20.1) | 8 | | Sec. 20.1. Other retaliation. Any other act or omission | 9 | | not otherwise specifically set forth in this Act, whether | 10 | | within or without the workplace, also constitutes retaliatory | 11 | | action retaliation by an employer under this Act if the act or | 12 | | omission would be materially adverse to a reasonable employee | 13 | | and is because of the employee disclosing or attempting to | 14 | | disclose public corruption or wrongdoing.
| 15 | | (Source: P.A. 96-555, eff. 8-18-09.) | 16 | | (740 ILCS 174/20.2) | 17 | | Sec. 20.2. Threatening retaliation. An employer may not | 18 | | threaten any employee with any act or omission if that act or | 19 | | omission would constitute retaliatory action retaliation | 20 | | against the employee under this Act.
| 21 | | (Source: P.A. 96-555, eff. 8-18-09.)
| 22 | | (740 ILCS 174/25)
| 23 | | Sec. 25. Criminal Civil penalty. Violation of this Act is |
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| 1 | | a Class A
misdemeanor.
| 2 | | (Source: P.A. 93-544, eff. 1-1-04.)
| 3 | | (740 ILCS 174/30)
| 4 | | Sec. 30. Damages and penalties . If an employer takes any | 5 | | retaliatory action against an
employee in violation of Section | 6 | | 15 or 20, the employee may bring a
civil action against the | 7 | | employer for all relief necessary to make the employee
whole, | 8 | | including but not limited to the following, as appropriate:
| 9 | | (1) permanent or preliminary injunctive relief; | 10 | | (2) reinstatement with the same seniority status that | 11 | | the employee would
have had, but for the violation;
| 12 | | (3) (2) back pay, with interest , and front pay, or, in | 13 | | lieu of actual damages, at the employee's election, | 14 | | liquidated damages of $30,000; ; and
| 15 | | (4) (3) compensation for any costs incurred damages | 16 | | sustained as a result of the violation,
including | 17 | | litigation costs, expert witness fees, and reasonable | 18 | | attorney's
fees.
| 19 | | In addition to the remedies specified in paragraphs (1) | 20 | | through (4), the Attorney General may request and the finder | 21 | | of fact may impose a civil penalty in the amount of $30,000 for | 22 | | each violation, or $50,000 for each repeat violation within a | 23 | | 5-year period. For purposes of this Section, each violation of | 24 | | this Act for each employee the employer took or threatened to | 25 | | take retaliatory action against shall constitute a separate |
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| 1 | | and distinct violation. A civil penalty imposed under this | 2 | | Section shall be deposited into the Attorney General Court | 3 | | Ordered and Voluntary Compliance Payment Projects Fund. Moneys | 4 | | in the Fund shall be used, subject to appropriation, for the | 5 | | performance of any function pertaining to the exercise of the | 6 | | duties of the Attorney General, including, but not limited to, | 7 | | enforcement of any law of this State and conducting public | 8 | | education programs; however, any moneys in the Fund that are | 9 | | required by the court or by an agreement to be used for a | 10 | | particular purpose shall be used for that purpose. | 11 | | (Source: P.A. 93-544, eff. 1-1-04.)
| 12 | | (740 ILCS 174/31 new) | 13 | | Sec. 31. Attorney General enforcement. | 14 | | (a) Whenever the Attorney General has reasonable cause to | 15 | | believe that any person or entity is engaged in a practice | 16 | | prohibited by this Act, the Attorney General may, pursuant to | 17 | | the authority conferred by Section 6.3 of the Attorney General | 18 | | Act, initiate or intervene in a civil action in the name of the | 19 | | People of the State in any appropriate court to obtain | 20 | | appropriate relief. | 21 | | (b) Before initiating an action, the Attorney General may | 22 | | conduct an investigation and may: | 23 | | (1) require an individual or entity to file a | 24 | | statement or report in writing, under oath or otherwise, | 25 | | as to all information the Attorney General may consider |
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| 1 | | necessary; | 2 | | (2) examine under oath any person alleged to have | 3 | | participated in or with knowledge of the alleged | 4 | | violation; or | 5 | | (3) issue subpoenas or conduct hearings in aid of any | 6 | | investigation. | 7 | | (c) Service by the Attorney General of any notice | 8 | | requiring a person or entity to file a statement or report, or | 9 | | of a subpoena upon any person or entity, shall be made: | 10 | | (1) personally by delivery of a duly executed copy | 11 | | thereof to the person to be served or, if a person is not a | 12 | | natural person, in the manner provided in the Code of | 13 | | Civil Procedure when a complaint is filed; or | 14 | | (2) by mailing certified mail a duly executed copy | 15 | | thereof to the person to be served at his or her last known | 16 | | abode or principal place of business within this State or, | 17 | | if the person is not a natural person, in the manner | 18 | | provided in the Code of Civil Procedure when a complaint | 19 | | is filed. | 20 | | The Attorney General may compel compliance with | 21 | | investigative demands under this Section through an order by | 22 | | any court of competent jurisdiction. ".
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