SB2486 102ND GENERAL ASSEMBLY

LRB102 16332 JLS 21719 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2486

Introduced 2/26/2021, by Sen. Ram Villivalam

SYNOPSIS AS INTRODUCED:

820 ILCS 40/7

from Ch. 48, par. 2007

Amends the Personnel Record Review Act. Provides that an individual aggrieved by a disclosure of a disciplinary report in violation of the Act may file a complaint with the Director of Labor or file an action in court within 7 years after the violation.

A BILL FOR

AN ACT concerning employment.

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

Section 5. The Personnel Record Review Act is amended by changing Section 7 as follows:

(820 ILCS 40/7) (from Ch. 48, par. 2007)

Sec. 7. Disclosure of disciplinary actions.

(1) An employer or former employer shall not divulge a disciplinary report, letter of reprimand, or other disciplinary action to a third party, to a party who is not a part of the employer's organization, or to a party who is not a part of a labor organization representing the employee, without written notice as provided in this Section.

(2) The written notice to the employee shall be by first-class mail to the employee's last known address and shall be mailed on or before the day the information is divulged.

(3) This Section shall not apply if:

(a) the employee has specifically waived written notice as part of a written, signed employment application with another employer;

(b) the disclosure is ordered to a party in a legal action or arbitration; or

(c) information is requested by a government agency as a result of a claim or complaint by an employee, or as a result of a criminal investigation by such agency.

(4) An employer who receives a request for records of a disciplinary report, letter of reprimand, or other disciplinary action in relation to an employee under the Freedom of Information Act may provide notification to the employee in written form as described in subsection (2) or through electronic mail, if available.

(5) An individual may file a complaint or commence an action alleging a violation of this Section, as provided in Section 12, within 7 years after the date of the disclosure of the report, letter, or other disciplinary action. Nothing in this subsection shall be construed to invalidate, diminish, or otherwise interfere with any collective bargaining agreement nor to invalidate, diminish, or otherwise interfere with any party's power to collectively bargain such an agreement.

(Source: P.A. 96-1212, eff. 7-22-10.)