Full Text of HB3763 103rd General Assembly
HB3763 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3763 Introduced 2/17/2023, by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: |
| 820 ILCS 40/2 | from Ch. 48, par. 2002 | 820 ILCS 40/3 | from Ch. 48, par. 2003 | 820 ILCS 40/9 | from Ch. 48, par. 2009 | 820 ILCS 40/12 | from Ch. 48, par. 2012 | 820 ILCS 40/5 rep. | |
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Amends the Personnel Record Review Act. Provides for specific documents that every employee has a legal
right to inspect and copy. Provides that an employer shall not include the imputed costs of time spent
duplicating the information, purchasing or renting a copying machine, purchasing or
renting computer equipment, or purchasing, renting, or licensing software in a fee for providing a copy of the documents. Provides that an employee may bring an action in circuit court regardless of
whether that employee has filed a complaint concerning the same violation with the
Department of Labor. Authorizes an employee to file a complaint with the Department regardless of
whether the employee pursued or is pursuing an action for the same violation in circuit
court. Repeals provisions concerning personnel record inspections by representatives of the employee.
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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 Personnel Record Review Act is amended by | 5 | | changing Sections 2, 3, 9, and 12 as follows:
| 6 | | (820 ILCS 40/2) (from Ch. 48, par. 2002)
| 7 | | Sec. 2. Open Records. | 8 | | (a) Every employee has a legal
right under this Act to | 9 | | inspect, copy, and receive copies of the following documents: | 10 | | employer shall, upon an employee's request
which the employer | 11 | | may require be in writing on a form supplied by the
employer, | 12 | | permit the employee to inspect | 13 | | (1) any personnel documents which are,
have been or | 14 | | are intended to be used in determining that employee's | 15 | | qualifications for
employment, promotion, transfer,
| 16 | | additional compensation, benefits, perquisites, | 17 | | discharge , or other disciplinary action,
except as | 18 | | provided in Section 10 ; | 19 | | (2) any contracts or agreements that the employee | 20 | | signed or that the employer
maintains the manifested | 21 | | intent of the employee to be bound or that the
employer | 22 | | maintains are legally binding on the employee; | 23 | | (3) job descriptions for any position held by the |
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| 1 | | employee or any position for which the employee applied; | 2 | | (4) any employee handbooks that the employer made | 3 | | available to the employee
or that the employee | 4 | | acknowledged recovery; | 5 | | (5) any employer policies or procedures that the | 6 | | employer contends the employee
was subject to and that | 7 | | concern qualifications for employment, promotion,
| 8 | | transfer, compensation, benefits, perquisites, discharge, | 9 | | or other disciplinary
action; | 10 | | (6) press releases, announcements, internet postings, | 11 | | or social-media posts
about or concerning the employee; | 12 | | and | 13 | | (7) reports by or concerning the employee alleging | 14 | | harassment or
discrimination related to a protected class | 15 | | as defined by the Illinois Human
Rights Act; retaliation | 16 | | under State, federal, or local law; failure to pay wages | 17 | | or other compensation under the Illinois Wage
Payment and | 18 | | Collection Act; ethical violations; any code of conduct
| 19 | | violation; any violation of the rules or standards of any | 20 | | professional
organization, self-regulatory organization, | 21 | | accrediting organization, or certifying
organization; and | 22 | | any violation of any federal, State, local, or foreign
| 23 | | law, ordinance, rule, or regulation . | 24 | | The inspection right
encompasses personnel documents in
| 25 | | the possession of a person, corporation, partnership, or other | 26 | | association
having a contractual agreement with the employer |
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| 1 | | to keep or supply a personnel
record. An employee does not have | 2 | | a legal right
under this Act to the documents categorized may | 3 | | request all or any part of his or her
records, except as | 4 | | provided in Section 10. | 5 | | (b) The employer shall , upon an employee's request, grant | 6 | | at least
2 inspection requests by an employee in a calendar | 7 | | year to inspect, copy, and receive copies of records to
which | 8 | | that employee has a legal right under this Act. Requests must | 9 | | be when requests are
made at reasonable intervals, unless | 10 | | otherwise
provided in a collective bargaining agreement. The | 11 | | employer may require the request to be in writing. Electronic | 12 | | communications such
as email and text messages suffice as | 13 | | written requests under this subsection. The written
request | 14 | | need only apprise a reasonable employer that the employee is | 15 | | requesting some
or all of the employee's records. The employee | 16 | | may specify in the employee's request if the employee is
| 17 | | requesting to inspect, to copy, or to receive copies of the | 18 | | records. The employee
may request that copies be provided in | 19 | | hardcopy or in a reasonable and commercially available
| 20 | | electronic format. The employee may request that the | 21 | | inspection, copying, or
receipt of copies be performed by that | 22 | | employee's representative, including, but not limited
to, | 23 | | family members, clergy, accountants, lawyers, union stewards, | 24 | | other union officials,
translators, representatives of | 25 | | workers' centers, or members of the press. The employer
shall | 26 | | comply with the employee's request provide the employee with |
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| 1 | | the inspection opportunity within 7 working
days after the | 2 | | employee makes the request or if the employer can reasonably
| 3 | | show that such deadline cannot be met, the employer shall have | 4 | | an
additional 7 days to comply. Any in-person The inspection | 5 | | shall take place
at a location reasonably near the employee's | 6 | | place of employment and during
normal working hours.
The | 7 | | employer may allow the inspection to take place at a time other | 8 | | than
working hours or at a place other than where the records | 9 | | are maintained
if that time or place would be more convenient | 10 | | for the employee.
Nothing in this Act shall be construed as a | 11 | | requirement that an
employee be permitted to remove any part | 12 | | of such personnel records or any
part of such records from the | 13 | | place on the employer's premises where it is
made available | 14 | | for inspection. Each employer shall retain the right to
| 15 | | protect his records from loss, damage, or alteration to insure | 16 | | the integrity
of the records.
If an employee demonstrates that | 17 | | he or she is unable to review his or her personnel record
at | 18 | | the employing unit, the employer shall, upon the employee's | 19 | | written
request, mail a copy of the requested record to the | 20 | | employee.
| 21 | | (Source: P.A. 83-1362.)
| 22 | | (820 ILCS 40/3) (from Ch. 48, par. 2003)
| 23 | | Sec. 3. Copies. After the review time provided in Section | 24 | | 2, an
employee may obtain a copy of the information or part of | 25 | | the information
contained in the employee's personnel record. |
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| 1 | | An employer may
charge a fee for providing a copy of the such | 2 | | information requested by the employee . The fee shall be
| 3 | | limited to the actual cost of duplicating the information and | 4 | | shall not include the imputed costs of time spent
duplicating | 5 | | the information, purchasing or renting a copying machine, | 6 | | purchasing or
renting computer equipment, or purchasing, | 7 | | renting, or licensing software .
| 8 | | (Source: P.A. 83-1104.)
| 9 | | (820 ILCS 40/9) (from Ch. 48, par. 2009)
| 10 | | Sec. 9.
An employer shall not gather or keep a record of an
| 11 | | employee's associations, political activities, publications, | 12 | | communications or
nonemployment activities, unless the | 13 | | employee submits the information in
writing or gives | 14 | | authorizes the employer express, written consent when the | 15 | | employer keeps or gathers in writing to keep or gather the
| 16 | | information. This prohibition
shall not apply to (i) | 17 | | activities or associations with individuals or groups involved | 18 | | in the physical, sexual, or other exploitation of a minor or | 19 | | (ii) the activities that occur on the employer's premises
or | 20 | | during the employee's working hours with that employer which | 21 | | interfere
with the performance of the employee's duties or the | 22 | | duties
of other employees or activities, regardless of when | 23 | | and where occurring,
which constitute criminal conduct or may | 24 | | reasonably be expected to harm the
employer's property, | 25 | | operations or business, or could by the employee's
action |
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| 1 | | cause the employer financial liability. A record which is kept | 2 | | by
the employer as permitted under this Section shall be part | 3 | | of the personnel
record.
| 4 | | (Source: P.A. 101-531, eff. 8-23-19.)
| 5 | | (820 ILCS 40/12) (from Ch. 48, par. 2012)
| 6 | | Sec. 12. Administration and enforcement of Act. | 7 | | (a) The Director of Labor or his authorized representative | 8 | | shall
administer and enforce the provisions of this Act. The | 9 | | Director of Labor
may issue rules and regulations necessary to | 10 | | administer and enforce the
provisions of this Act.
| 11 | | (b) If an employee alleges that he or she has been denied | 12 | | his or her rights
under this Act, he or she may file a | 13 | | complaint with the Department of Labor.
The Department shall | 14 | | investigate the complaint and shall have authority
to request | 15 | | the issuance of a search warrant or subpoena to inspect the | 16 | | files
of the employer, if necessary. The Department shall | 17 | | attempt to resolve the
complaint by conference, conciliation, | 18 | | or persuasion. If the complaint is
not so resolved and the
| 19 | | Department finds the employer has violated the Act, the | 20 | | Department may commence
an action in the circuit court to | 21 | | enforce the provisions of this Act including
an action to | 22 | | compel compliance. The circuit court for
the county in which | 23 | | the complainant resides, in which the complainant is
employed, | 24 | | or in which the personnel record is maintained shall have
| 25 | | jurisdiction in such actions.
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| 1 | | (c) If an employer violates this Act, an employee may | 2 | | commence
an action in the circuit court to enforce the | 3 | | provisions of this Act,
including actions to compel | 4 | | compliance , where efforts to resolve the
employee's complaint | 5 | | concerning such violation by conference, conciliation
or | 6 | | persuasion pursuant to subsection (b) have failed and the | 7 | | Department has
not commenced an action in circuit court to | 8 | | redress such violation . The circuit court
for the county in | 9 | | which the complainant resides, in which the complainant
is | 10 | | employed, or in which the personnel record is maintained shall | 11 | | have
jurisdiction in such actions. An employee may bring an | 12 | | action in circuit court regardless of
whether that employee | 13 | | has filed a complaint concerning the same violation with the
| 14 | | Department and an employee may file a complaint with the | 15 | | Department regardless of
whether the employee pursued or is | 16 | | pursuing an action for the same violation in circuit
court.
| 17 | | (d) Failure to comply with an order of the
court may be | 18 | | punished as contempt. In addition, the court shall award an
| 19 | | employee prevailing in an action pursuant to this Act the | 20 | | following damages:
| 21 | | (1) Actual damages plus costs .
| 22 | | (2) For a willful and knowing violation of this Act, | 23 | | $200 plus costs,
reasonable attorney's fees, and actual | 24 | | damages.
| 25 | | (e) Any employer or his agent who violates the provisions | 26 | | of this Act is
guilty of a petty offense.
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| 1 | | (3) Reasonable attorney's fees and costs. | 2 | | (f) Any employer or his agent, or the officer or agent of | 3 | | any private
employer, who discharges or in any other manner | 4 | | discriminates against any
employee because that employee has | 5 | | made a complaint to his employer, or to
the Director or his | 6 | | authorized representative, or because that employee has
caused | 7 | | to be instituted or is about to cause to be instituted any
| 8 | | proceeding under or related
to this Act, or because that | 9 | | employee has testified or is about to testify
in an | 10 | | investigation or proceeding under this Act, is guilty of a | 11 | | petty offense.
| 12 | | (Source: P.A. 84-525.)
| 13 | | (820 ILCS 40/5 rep.)
| 14 | | Section 10. The Personnel Record Review Act is amended by | 15 | | repealing Section 5.
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