093_HB0469enr

 
HB0469 Enrolled                      LRB093 04547 WGH 04600 b

 1        AN ACT concerning State lawsuit immunity.

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

 4        Section  5.  The State Lawsuit Immunity Act is amended by
 5    changing Section 1 and adding Section 1.5 as follows:

 6        (745 ILCS 5/1) (from Ch. 127, par. 801)
 7        Sec. 1.  Except as provided in the "Illinois Public Labor
 8    Relations Act", enacted by  the  83rd  General  Assembly,  or
 9    except  as provided in "AN ACT to create the Court of Claims,
10    to prescribe its powers and duties,  and  to  repeal  AN  Act
11    herein  named",  filed  July 17, 1945, as amended, or Section
12    1.5 of this Act, the State of Illinois shall not  be  made  a
13    defendant or party in any court.
14    (Source: P.A. 83-1012.)

15        (745 ILCS 5/1.5 new)
16        Sec. 1.5.  Exceptions; State employees.
17        (a)  An   employee,   former   employee,  or  prospective
18    employee of the State who is  aggrieved  by  any  conduct  or
19    action  or  inaction  of  the  State  that would constitute a
20    violation of the Age  Discrimination  in  Employment  Act  of
21    1967,  29  U.S.C. 621 et seq., as amended, if committed by an
22    employer covered by that Act may bring an  action  under  the
23    Age  Discrimination  in  Employment  Act  of 1967 against the
24    State in State circuit court or federal court.
25        (b)  An employee of the State who  is  aggrieved  by  any
26    conduct  or  action  or  inaction  of  the  State  that would
27    constitute a violation of the Fair  Labor  Standards  Act  of
28    1938,  29  U.S.C. 201 et seq., as amended, if committed by an
29    employer covered by that Act may bring an  action  under  the
30    Fair  Labor  Standards Act of 1938 against the State in State
 
HB0469 Enrolled             -2-      LRB093 04547 WGH 04600 b
 1    circuit court or federal court.
 2        (c)  An  employee,  former   employee,   or   prospective
 3    employee  of  the  State  who  is aggrieved by any conduct or
 4    action or inaction of  the  State  that  would  constitute  a
 5    violation of the Family and Medical Leave Act, 29 U.S.C. 2601
 6    et  seq.,  as amended, if committed by an employer covered by
 7    that Act may bring an action under  the  Family  and  Medical
 8    Leave Act against the State in State circuit court or federal
 9    court.
10        (d)  An   employee,   former   employee,  or  prospective
11    employee of the State who is  aggrieved  by  any  conduct  or
12    action  or  inaction  of  the  State  that would constitute a
13    violation of the Americans with Disabilities Act of 1990,  42
14    U.S.C. 12101 et seq., as amended, if committed by an employer
15    covered  by  that Act may bring an action under the Americans
16    with Disabilities Act of 1990  against  the  State  in  State
17    circuit court or federal court.
18        (e)  An   employee,   former   employee,  or  prospective
19    employee of the State who is  aggrieved  by  any  conduct  or
20    action  or  inaction  of  the  State  that would constitute a
21    violation of Title VII of the Civil Rights Act  of  1964,  42
22    U.S.C. 2000e et seq., as amended, if committed by an employer
23    covered  by  that  Act may bring an action under Title VII of
24    the Civil Rights Act of  1964  against  the  State  in  State
25    circuit court or federal court.