Full Text of SB3468 103rd General Assembly
SB3468 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3468 Introduced 2/8/2024, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: | | 740 ILCS 174/5 | | 740 ILCS 174/10 | | 740 ILCS 174/15 | | 740 ILCS 174/20 | | 740 ILCS 174/30 | |
| Amends the Whistleblower Act. Defines "adverse action" to have the same meaning as "adverse employment action" in the Civil Rights Act of 1964. Defines "retaliation" to mean the protected activity proximately caused any adverse action by any employer. Prohibits an employer from making, adopting, or enforcing any rule, regulation, or policy that prevents the disclosure or for retaliating against an employee for disclosing information to a government or law enforcement agency if the employee has a good faith belief that the disclosed information is a violation of law (now, a "reasonable cause to believe"). Prohibits an employer from retaliating against an employee for refusing to participate in any past, current, or future activity that could result in a violation of a municipal, county, State, or federal law or rule. Allows an employee to request front pay in a civil action for a violation of this Act. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning employment. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Whistleblower Act is amended by changing | 5 | | Sections 5, 10, 15, 20, and 30 as follows: | 6 | | (740 ILCS 174/5) | 7 | | Sec. 5. Definitions. As used in this Act: | 8 | | "Adverse action" has the same meaning as "adverse | 9 | | employment action" as that term is used in the Civil Rights Act | 10 | | of 1964. "Adverse action" includes retaliatory acts taken | 11 | | after the employment relationship between the employer and | 12 | | employee has ended. | 13 | | "Employer" means: an individual, sole proprietorship, | 14 | | partnership, firm, corporation, association, and any other | 15 | | entity that has one or more employees in this State, including | 16 | | a political subdivision of the State; a unit of local | 17 | | government; a school district, combination of school | 18 | | districts, or governing body of a joint agreement of any type | 19 | | formed by two or more school districts; a community college | 20 | | district, State college or university, or any State agency | 21 | | whose major function is providing educational services; any | 22 | | authority including a department, division, bureau, board, | 23 | | commission, or other agency of these entities; and any person |
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| 1 | | acting within the scope of his or her authority express or | 2 | | implied on behalf of those entities in dealing with its | 3 | | employees. | 4 | | "Employee" means any individual who is employed on a | 5 | | full-time, part-time, or contractual basis by an employer. | 6 | | "Employee" also includes, but is not limited to, a licensed | 7 | | physician who practices his or her profession, in whole or in | 8 | | part, at a hospital, nursing home, clinic, or any medical | 9 | | facility that is a health care facility funded, in whole or in | 10 | | part, by the State. | 11 | | "Retaliation" means the protected activity proximately | 12 | | caused any adverse action taken by an employer. | 13 | | (Source: P.A. 95-128, eff. 1-1-08; 96-1253, eff. 1-1-11.) | 14 | | (740 ILCS 174/10) | 15 | | Sec. 10. Certain policies prohibited. An employer may not | 16 | | make, adopt, or enforce any rule, regulation, or policy | 17 | | preventing an employee from disclosing information to a | 18 | | government or law enforcement agency if the employee has a | 19 | | reasonable or good faith belief reasonable cause to believe | 20 | | that the information discloses a violation of a State or | 21 | | federal law, rule, or regulation. | 22 | | (Source: P.A. 93-544, eff. 1-1-04.) | 23 | | (740 ILCS 174/15) | 24 | | Sec. 15. Retaliation for certain disclosures prohibited. |
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| 1 | | (a) An employer may not retaliate against an employee who | 2 | | discloses information in a court, an administrative hearing, | 3 | | or before a legislative commission or committee, or in any | 4 | | other proceeding, where the employee has a reasonable or good | 5 | | faith belief reasonable cause to believe that the information | 6 | | discloses a violation of a municipal, county, State or federal | 7 | | law, rule, or regulation. | 8 | | (b) An employer may not retaliate against an employee for | 9 | | disclosing information to a government or law enforcement | 10 | | agency, whether that agency is the employer or a third party, | 11 | | where the employee has a reasonable or good faith belief | 12 | | reasonable cause to believe that the information discloses a | 13 | | past, current, or future violation of a municipal, county, | 14 | | State , or federal law, rule, or regulation by the employer or a | 15 | | third party, including any individual. If the employee can | 16 | | articulate a coherent basis, even if mistaken, for contending | 17 | | the specific conduct identified is illegal, the disclosure is | 18 | | protected . | 19 | | (Source: P.A. 95-128, eff. 1-1-08.) | 20 | | (740 ILCS 174/20) | 21 | | Sec. 20. Retaliation for certain refusals prohibited. An | 22 | | employer may not retaliate against an employee for refusing to | 23 | | participate in any past, current, or future an activity that | 24 | | would result in a violation of a municipal, county, State or | 25 | | federal law, rule, or regulation, including, but not limited |
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| 1 | | to, violations of the Freedom of Information Act , by the | 2 | | employer or a third party, including any individual. | 3 | | Invitations to participate in illegal activity do not need to | 4 | | be explicit . | 5 | | (Source: P.A. 96-555, eff. 8-18-09.) | 6 | | (740 ILCS 174/30) | 7 | | Sec. 30. Damages. If an employer takes any action against | 8 | | an employee in violation of Section 15 or 20, the employee may | 9 | | bring a civil action against the employer for all relief | 10 | | necessary to make the employee whole, including but not | 11 | | limited to the following, as appropriate: | 12 | | (1) reinstatement with the same seniority status that | 13 | | the employee would have had, but for the violation; | 14 | | (2) front pay in lieu of reinstatement; | 15 | | (3) (2) back pay, with interest; and | 16 | | (4) (3) compensation for any damages sustained as a | 17 | | result of the violation, including litigation costs, | 18 | | expert witness fees, and reasonable attorney's fees. | 19 | | (Source: P.A. 93-544, eff. 1-1-04.) |
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