Illinois General Assembly - Full Text of SB2486
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Full Text of SB2486  102nd General Assembly

SB2486eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB2486 EngrossedLRB102 16332 JLS 21719 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Personnel Record Review Act is amended by
5changing Section 7 as follows:
 
6    (820 ILCS 40/7)  (from Ch. 48, par. 2007)
7    Sec. 7. Disclosure of disciplinary actions.
8    (1) An employer or former employer shall not divulge a
9disciplinary report, letter of reprimand, or other
10disciplinary action to a third party, to a party who is not a
11part of the employer's organization, or to a party who is not a
12part of a labor organization representing the employee,
13without written notice as provided in this Section.
14    (2) The written notice to the employee shall be by
15first-class mail to the employee's last known address and
16shall be mailed on or before the day the information is
17divulged.
18    (3) This Section shall not apply if:
19        (a) the employee has specifically waived written
20    notice as part of a written, signed employment application
21    with another employer;
22        (b) the disclosure is ordered to a party in a legal
23    action or arbitration; or

 

 

SB2486 Engrossed- 2 -LRB102 16332 JLS 21719 b

1        (c) information is requested by a government agency as
2    a result of a claim or complaint by an employee, or as a
3    result of a criminal investigation by such agency.
4    (4) An employer who receives a request for records of a
5disciplinary report, letter of reprimand, or other
6disciplinary action in relation to an employee under the
7Freedom of Information Act may provide notification to the
8employee in written form as described in subsection (2) or
9through electronic mail, if available.
10    (5) An individual may file a complaint or commence an
11action alleging a violation of this Section, as provided in
12Section 12, within 3 years after the date of the disclosure of
13the report, letter, or other disciplinary action. Nothing in
14this subsection shall be construed to invalidate, diminish, or
15otherwise interfere with any collective bargaining agreement
16nor to invalidate, diminish, or otherwise interfere with any
17party's power to collectively bargain such an agreement.
18(Source: P.A. 96-1212, eff. 7-22-10.)