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91_HB1838
LRB9101044RCmg
1 AN ACT to amend the Workers' Compensation Act by adding
2 Sections 5.5-5, 5.5-10, 5.5-15, 5.5-20, 5.5-25, 5.5-30, and
3 5.5-35.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Workers' Compensation Act is amended by
7 adding Sections 5.5-5, 5.5-10, 5.5-15, 5.5-20, 5.5-25,
8 5.5-30, and 5.5-35 as follows:
9 (820 ILCS 305/5.5-5 new)
10 Sec. 5.5-5. Legislative intent. It is the intent of the
11 General Assembly to provide a just and efficient system for
12 the adjudication of retaliatory discrimination complaints.
13 Workers injured as a result of hazards in the workplace, and
14 others who are called upon to testify, assist, or provide
15 information on behalf of the injured workers, are entitled to
16 assert their rights under the laws of this State without fear
17 of discharge, suspension, demotion, relocation, or other
18 adverse employment action concerning the terms, conditions,
19 privileges, and benefits of their employment.
20 (820 ILCS 305/5.5-10 new)
21 Sec. 5.5-10. Definitions. In Sections 5.5-5 through
22 5.5-35:
23 "Person" means any individual, partnership, association,
24 corporation, business trust, legal representative, the State,
25 unit of local government, or school district.
26 "Retaliatory action" means the discharge, suspension,
27 demotion, retaliatory relocation of an employee, or other
28 adverse employment action taken against an employee in the
29 terms, conditions, privileges, and benefits of employment.
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1 (820 ILCS 305/5.5-15 new)
2 Sec. 5.5-15. Discrimination prohibited.
3 (a) No person may discriminate or take any retaliatory
4 action against an employee because the employee in good faith
5 does or threatens to do any of the following:
6 (1) Files a claim or complaint, initiates any
7 inquiry, investigation, inspection, proceeding, or other
8 action, or testifies or provide information to any person
9 with respect to any of the following:
10 (i) the Workers' Compensation Act.
11 (ii) the Workers' Occupational Diseases Act.
12 (2) Causes any of the activities listed in
13 subdivision (1) of this subsection to be initiated on an
14 employee's behalf.
15 (3) Exercises any right on behalf of the employee
16 or any other employee.
17 (b) It is not a violation of this Section for a person
18 to discharge or take any other unfavorable action with
19 respect to an employee who has engaged in protected activity
20 as set forth under this Section if the person proves by a
21 preponderance of the evidence that he or she would have taken
22 the same unfavorable action in the absence of the protected
23 activity of the employee.
24 (820 ILCS 305/5.5-20 new)
25 Sec. 5.5-20. Complaint; investigation; conciliation.
26 (a) An employee allegedly aggrieved by a violation of
27 Section 5.5-15 may file a written complaint with the
28 Commission alleging the violation. The complaint must be
29 filed within 180 days of the alleged violation. Within 20
30 days following receipt of the complaint, the Commission must
31 forward a copy of the complaint to the person alleged to have
32 committed the violation and must initiate an investigation.
33 If the Commission determines after the investigation that
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1 there is not reasonable cause to believe that the allegation
2 is true, the Commission must dismiss the complaint, promptly
3 notify the employee and the respondent, and issue a
4 right-to-sue letter to the employee that will enable the
5 employee to bring a civil action under Section 5.5-25. If
6 the Commission determines after investigation that there is
7 reasonable cause to believe that the allegation is true, the
8 Commission must attempt to eliminate the alleged violation by
9 informal methods that may consist of conference,
10 conciliation, and persuasion. The Commission must make a
11 determination as soon as possible and, in any event, not
12 later than 90 days after the filing of the complaint.
13 (b) If the Commission is unable to resolve the alleged
14 violation through the informal methods, the Commission must
15 notify the parties in writing that conciliation efforts have
16 failed. The Commission must then either file a civil action
17 on behalf of the employee under Section 5.5-25 or issue a
18 right-to-sue letter to the employee enabling the employee to
19 bring a civil action under Section 5.5-25.
20 (c) An employee may make a written request to the
21 Commission for a right-to-sue letter after 180 days following
22 the filing of a complaint if the Commission has not issued a
23 notice of conciliation failure and has not commenced an
24 action under this Section.
25 (d) Nothing said or done during the use of the informal
26 methods described in subsection (a) of this Section may be
27 made public by the Commission or used as evidence in a
28 subsequent proceeding under this Section or Section 5.5-25
29 without the written consent of the persons concerned.
30 (e) The Commission's files and the Commission's other
31 records relating to investigations and enforcement
32 proceedings under this Section may not be subject to
33 inspection and examination while the investigations and
34 proceedings are open or pending in court.
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1 (f) In making inspections and investigations under this
2 Section, the Commission or its duly authorized agents may
3 issue subpoenas to require the attendance and testimony of
4 witnesses and the production of evidence under oath.
5 Witnesses must be reimbursed for all travel and other
6 necessary expenses that must be claimed and paid in
7 accordance with the prevailing travel reimbursement
8 requirements of this State. In the case of failure or
9 refusal of any person to obey a subpoena under this Section,
10 the circuit court judge of the county in which the inspection
11 or investigation is conducted, upon the application of the
12 Commission, has jurisdiction to issue an order requiring
13 compliance.
14 (820 ILCS 305/5.5-25 new)
15 Sec. 5.5-25. Civil action.
16 (a) An employee who has been issued a right-to-sue
17 letter or the Commission may commence a civil action in the
18 circuit court of the county where the violation occurred,
19 where the complainant resides, or where the respondent
20 resides or has his or her principal place of business.
21 (b) A civil action under this Section must be commenced
22 by an employee within 90 days of the date upon which the
23 right-to-sue letter was issued or by the Commission within 90
24 days of the date on which the Commission notifies the parties
25 in writing that conciliation efforts have failed.
26 (c) The employee or the Commission may seek and the
27 court may award any or all of the following types of relief:
28 (1) An injunction to enjoin continued violation of
29 Section 5.5-15.
30 (2) Reinstatement of the employee to the same
31 position held before the retaliatory action or
32 discrimination or to an equivalent position.
33 (3) Reinstatement of full fringe benefits and
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1 seniority rights.
2 (4) Compensation for lost wages, lost benefits, and
3 other economic losses that were proximately caused by the
4 retaliatory action or discrimination.
5 (5) Punitive damages. If in an action under this
6 Section the court finds that the employee was injured by
7 a willful violation of Section 5.5-15, the court must
8 treble the amount awarded under subdivision (4) of this
9 subsection.
10 The court may award to the plaintiff and assess against
11 the defendant the reasonable costs and expenses, including
12 attorneys' fees, of the plaintiff in bringing an action under
13 this Section. If the court determines that the plaintiff's
14 action is frivolous, it may award to the defendant and assess
15 against the plaintiff the reasonable costs and expenses,
16 including attorneys' fees, of the defendant in defending the
17 action brought under this Section.
18 (d) Parties to a civil action brought under this Section
19 have the right to a jury trial.
20 (e) An employee may only bring an action under this
21 Section when he or she has been issued a right-to-sue letter
22 by the Commission.
23 (820 ILCS 305/5.5-30 new)
24 Sec. 5.5-30. Effect on other rights. Nothing in
25 Sections 5.5-5 through 5.5-35 are deemed to diminish the
26 rights or remedies of any employee under any collective
27 bargaining agreement, employment contract, other statutory
28 rights or remedies, or at common law.
29 (820 ILCS 305/5.5-35 new)
30 Sec. 5.5-35. Rules. The Commission may adopt rules
31 under the Illinois Administrative Procedure Act needed to
32 implement Sections 5.5-5 through 5.5-30.