5 ILCS 285/ Employee Rights Violation Act.

Information maintained by the Legislative Reference Bureau

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

GENERAL PROVISIONS
(5 ILCS 285/) Employee Rights Violation Act.

5 ILCS 285/1

(5 ILCS 285/1) (from Ch. 127, par. 63b100-1)

Sec. 1.

This Act shall be known and may be cited as the Employee Rights Violation Act.

(Source: P.A. 85-1436.)

5 ILCS 285/2

(5 ILCS 285/2) (from Ch. 127, par. 63b100-2)

Sec. 2.

For the purposes of this Act, the terms used herein shall
have the meanings ascribed to them in this Section:

(a) "Policy making officer" means: (i) an employee of a State agency who
is engaged predominantly in executive and management functions and is
charged with the responsibility of directing the effectuation of such
management policies and practices; or (ii) an employee of a State agency
whose principal work is substantially different from that of his
subordinates and who has authority in the interest of the State agency to
hire, transfer, suspend, lay off, recall, promote, discharge, direct,
reward, or discipline employees, or to adjust their grievances, or to
effectively recommend such action, if the exercise of such authority is not
of a merely routine or clerical nature, but requires the consistent use of
independent judgment; or (iii) a Director, Assistant Director or Deputy
Director of a State agency.

(b) "State agency" means the Departments of the Executive Branch of
State government listed in Section 5-15 of the Departments of State
Government Law (20 ILCS 5/5-15).

(c) "Director" includes the Secretary of Transportation.

(Source: P.A. 99-78, eff. 7-20-15.)

5 ILCS 285/3

(5 ILCS 285/3) (from Ch. 127, par. 63b100-3)

Sec. 3.

Any policy making officer of a State agency who is
adjudicated by a court of competent jurisdiction to have violated the
rights of an employee of such State agency guaranteed under the First and
Fourteenth Amendments to the United States Constitution, where an award of
punitive damages has been made against such policy making officer or where
there is a finding of willful or wanton conduct by the policy making
officer, shall be immediately discharged from State employment upon entry
of the judgment of the court.

(Source: P.A. 85-1436.)