(225 ILCS 10/7.2)
(from Ch. 23, par. 2217.2)
(a) For purposes of this Section,
"employer" means a licensee or holder of a permit subject to this Act.
"Employee" means an employee of such an employer.
(b) No employer shall discharge, demote or suspend, or threaten to
discharge, demote or suspend, or in any manner discriminate against any
(1) Makes any good faith oral or written complaint of any employer's
violation of any licensing or other laws (including but not limited to laws
concerning child abuse or the transportation of children) which may result
in closure of the facility pursuant to Section 11.2 of this Act to the
Department or other agency having statutory responsibility for the
enforcement of such laws or to the employer or representative of the employer;
(2) Institutes or causes to be instituted against any employer any
proceeding concerning the violation of any licensing or other laws,
including a proceeding to revoke or to refuse to renew a license under
Section 9 of this Act;
(3) Is or will be a witness or testify in any proceeding concerning the
violation of any licensing or other laws, including a proceeding to revoke
or to refuse to renew a license under Section 9 of this Act; or
(4) Refuses to perform work in violation of a licensing or other law or
regulation after notifying the employer of the violation.
(c)(1) A claim by an employee alleging an employer's violation of
subsection (b) of this Section shall be presented to the employer within 30
days after the date of the action complained of and shall be filed with the
Department of Labor within 60 days after the date of the action complained of.
(2) Upon receipt of the complaint, the Department of Labor shall
conduct whatever investigation it deems appropriate, and may hold a
hearing. After investigation or hearing, the Department of Labor
shall determine whether the employer has violated subsection (b) of this
Section and it shall notify the employer and the employee of
(3) If the Department of Labor determines that the employer has
violated subsection (b) of this Section, and the employer refuses to take
remedial action to comply with the determination, the Department of Labor
shall so notify the Attorney General, who shall bring an
action against the employer in the circuit court seeking enforcement of its
determination. The court may order any appropriate relief, including
rehiring and reinstatement of the employee to his or her former position
with backpay and other benefits.
(d) Except for any grievance procedure, arbitration or hearing which is
available to the employee pursuant to a collective bargaining agreement,
this Section shall be the exclusive remedy for an employee complaining of
any action described in subsection (b).
(e) Any employer who wilfully refuses to rehire, promote or otherwise
restore an employee or former employee who has been determined eligible for
rehiring or promotion as a result of any grievance procedure, arbitration
or hearing authorized by law shall be guilty of a Class A misdemeanor.
(Source: P.A. 85-987.)