Illinois Compiled Statutes - Full Text

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Illinois Compiled Statutes - Full Text

Illinois Compiled Statutes (ILCS)

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820 ILCS 55/17

    (820 ILCS 55/17)
    Sec. 17. Private right of action.
    (a) A person aggrieved by a violation of this Act or any rule adopted under this Act by an employer or prospective employer may file suit in circuit court of Illinois, in the county where the alleged offense occurred, where the employee or prospective employee who is party to the action resides, or where the employer or prospective employer which is party to the action is located, without regard to exhaustion of any alternative administrative remedies provided in this Act. Actions may be brought by one or more affected employees or prospective employees for and on behalf of themselves and employees or prospective employees similarly situated. An employee or prospective employee may recover for a violation of the Act under this Section or under Section 15 or 16 at the employee or prospective employee's option, but not under more than one Section. An employee or prospective employee whose rights have been violated under this Act by an employer or prospective employer is entitled to collect under this Section:
        (1) in the case of a violation of this Act or any
    
rule adopted under this Act as it relates to the employee or prospective employee, a civil penalty of not less than $100 and not more than $1,000 for each violation found by a court;
        (2) in the case of a violation of this Act or any
    
rule adopted under this Act as it relates to denial or loss of employment for the employee or prospective employee, all relief necessary to make the employee whole, including, but not limited to, the following:
            (A) reinstatement with the same seniority status
        
that the employee would have had but for the violation, as appropriate;
            (B) back pay, with interest, as appropriate; and
            (C) a civil penalty of $10,000; and
        (3) compensation for any damages sustained as a
    
result of the violation, including litigation costs, expert witness fees, and reasonable attorney's fees.
    (b) The right of an aggrieved person to bring an action under this Section terminates upon the passing of 3 years after the date of the violation. This limitations period is tolled if an employer or prospective employer has failed to provide an employee or prospective employee information required under this Act or has deterred an employee or prospective employee from the exercise of rights under this Act.
(Source: P.A. 104-455, eff. 12-12-25.)