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Public Act 102-0562


 

Public Act 0562 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0562
 
SB2486 EnrolledLRB102 16332 JLS 21719 b

    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 3 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.)

Effective Date: 1/1/2022