093_HB2217

 
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 1        AN ACT concerning public employment.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Honest Employee Act.

 6        Section 5.  Definitions.
 7        (a)  "Employer" means the State of Illinois,  any  agency
 8    of  State  government,  any  State college or university, any
 9    community college district, any county, any municipality, any
10    township, any school district, any municipal corporation, any
11    unit of  local  government,  and  any  combination  of  these
12    entities  under  an intergovernmental agreement that includes
13    provisions for a governing body of the agency created by  the
14    agreement.  "Employer"  also  means  agents, contractors, and
15    subcontractors of an employer.
16        (b)  "Employee"  means  any   individual   who   performs
17    services  for  or  under  the  control  and  direction  of an
18    employer for wages or  other  remuneration.  "Employee"  also
19    includes former employees.
20        (c)  "Public body" means:
21             (1)  Any  popularly-elected federal, State, or local
22        governmental body or any member or employee thereof;
23             (2)  any federal, State,  or  local  judiciary,  any
24        member or employee thereof, or any grand or petit jury;
25             (3)  any   federal,   State,  or  local  regulatory,
26        administrative,  or  public  agency  or   authority,   or
27        instrumentality thereof;
28             (4)  any  federal,  State,  or local law enforcement
29        agency,  prosecutorial     office,  or  police  or  peace
30        officer;
31             (5)  any federal, State, or local department  of  an
 
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 1        executive branch of government; or
 2             (6)  any division, board, bureau, office, committee,
 3        or  commission  of any of  the public bodies described in
 4        this subsection.
 5        (d)  "Supervisor" means an individual with an  employer's
 6    organization  who has the authority to direct and control the
 7    work  performance  of  the  affected  employee  or  who   has
 8    authority  to  take corrective action regarding the violation
 9    of the  law,  rule,  or  regulation  of  which  the  employee
10    complains.
11        (e)  "Retaliatory    action"    means    the   discharge,
12    suspension, demotion, harassment, blacklisting, other adverse
13    employment action taken against any employee in the terms and
14    conditions of employment, or  other  actions  that  interfere
15    with  an  employee's  ability to engage in protected activity
16    set forth in Section 10.

17        Section 10.  Protected Activity. An  employer  shall  not
18    take  any  retaliatory action against an employee because the
19    employee does any of the following:
20        (1)  Discloses, threatens to disclose,  or  is  about  to
21    disclose  to  a  supervisor  or to a public body an activity,
22    policy, or  practice  of  the  employer,  a  co-employee,  or
23    another  employer that the employee reasonable believes is in
24    violation of a law, or of a rule  or  regulation  promulgated
25    pursuant to law.
26        (2)  Provides  information  to  or  testifies  before any
27    public body conducting an investigation, hearing, or  inquiry
28    into   any   violation  of  law,  or  a  rule  or  regulation
29    promulgated pursuant to  law,  by  the  employer  or  another
30    employer.
31        (3)  Discloses,  threatens  to  disclose,  or is about to
32    disclose to a supervisor or to a  public  body  an  activity,
33    policy, or practice of the employer a co-employee, or another
 
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 1    employer   that   the   employee   reasonably   believes   is
 2    incompatible with a clear mandate of public policy concerning
 3    the  public  health,  safety, or welfare or protection of the
 4    environment.
 5        (4)  Assists or participates in a proceeding  to  enforce
 6    the provisions of this Act.
 7        (5)  Objects  to,  opposes,  or refuses to participate in
 8    any  activity,  policy,  or  practice   that   the   employee
 9    reasonably  believes  (i) is in violation of a law, or a rule
10    or regulation promulgated pursuant to law, (ii) is fraudulent
11    or criminal, or (iii) is incompatible with a clear mandate of
12    public  policy  concerning  the  public  health,  safety,  or
13    welfare or protection of the environment.

14        Section 15.  Forum. Upon on a violation  of  any  of  the
15    provisions  of  this  Act,  an employee may, within one year,
16    institute a civil action in  a  Circuit  Court  of  competent
17    jurisdiction.  Any  party  may  request and obtain a trial by
18    jury.

19        Section 20.  Burden of proof. An  employee  may  prove  a
20    violation  of    this  Act only by demonstrating that (i) the
21    employee engaged in conduct described in Section 10 and  (ii)
22    that  conduct  was  a  contributing factor in the retaliatory
23    action alleged in the complaint by the employee.  Relief  may
24    not  be  ordered  under  Section 25, however, if the employer
25    demonstrates  by  clear  and  convincing  evidence  that  the
26    employer would have  taken  the  same  unfavorable  personnel
27    action (retaliatory action) in the absence of that conduct.

28        Section  25.  Remedies.  An  employee  is entitled to all
29    remedies necessary to make the employee whole and to  prevent
30    future  violations of this Act. Remedies may include, but are
31    not limited to, all of the following:
 
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 1        (1)  all remedies available in common law tort actions;
 2        (2)  reinstatement of the employee  to  either  the  same
 3    position   held  before  the  retaliatory  action  or  to  an
 4    equivalent position;
 5        (3)  2 times the amount of back pay;
 6        (4)  interest on the back pay;
 7        (5)  the  reinstatement  of  full  fringe  benefits   and
 8    seniority rights;
 9        (6)  the  payment  by  the  employer of reasonable costs,
10    expert witness fees and attorneys' fees; and
11        (7)  an injunction to  restrain  continued  violation  of
12    this Act.

13        Section  30.  Posting.  An  employer  must  conspicuously
14    display notices of its employees' protections and obligations
15    under this Act.

16        Section  35.  Preemption.  Nothing  in  this Act shall be
17    deemed to diminish the rights, privileges, or remedies of  an
18    employee  under  any other federal or State law or regulation
19    or under any collective bargaining  agreement  or  employment
20    contract.  No employee may waive, through a private contract,
21    any  right  set  forth  in  this  Act, except as set forth in
22    Section 40, and no employee may be  compelled  to  adjudicate
23    his  or  her  rights  under this Act pursuant to a collective
24    bargaining agreement or any other arbitration agreement.

25        Section 40.  Settlement. The  rights  afforded  employees
26    under  this Act may not be waived or modified, except through
27    a  court-approved  settlement  agreement  reached  with   the
28    voluntary  participation  and  consent  of  the  employee and
29    employer. An employer may not require an employee  to  waive,
30    as  a condition of settlement, his or her right to reasonably
31    engage in conduct protected under Section 10 of this Act.
 
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 1        Section 45.  Severability. The provisions of this Act are
 2    severable under Section 1.31 of the Statute on Statutes.

 3        Section 50.  Home rule. A home rule unit may not regulate
 4    its employees in a manner not consistent with this Act.  This
 5    Section  is  a  denial and limitation of home rule powers and
 6    functions under subsection (i) of Section 6 of Article VII of
 7    the Illinois Constitution.

 8        Section 55.  Mandates.   This  Act  is  exempt  from  the
 9    reimbursement  requirements  of  the  State  Mandates Act, as
10    provided in that Act.

11        Section 900.  The State Mandates Act is amended by adding
12    Section 8.27 as follows:

13        (30 ILCS 805/8.27 new)
14        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
15    and  8 of this Act, no reimbursement by the State is required
16    for the implementation of any mandate created by  the  Honest
17    Employee Act.

18        (5 ILCS 395/Act rep.)
19        Section   910.  The  Whistle  Blower  Protection  Act  is
20    repealed.

21        Section 999.  Effective date. This Act takes effect  upon
22    becoming law.
 
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 1                                INDEX
 2               Statutes amended in order of appearance
 3    New Act
 4    5 ILCS 395/Act rep.