Signed by Governor JB Pritzker

Vote Smart's Synopsis:

Vote to pass a bill that expands the scope of the Whistleblower Act and increases the penalties assessed against employers in Illinois.

Highlights:

• Expands the scope of the Whistleblower Act and increases penalties assessed against employers in Illinois (Sec. 5-32).

• Prohibits an employer from taking retaliatory action or adverse employment action against an employee who discloses or threatens to disclose to a public body investigating court or administrative hearing information related to an activity, policy, or practice of the employer that violates state or federal law (Sec. 5).

• Defines "Adverse employment action" for this bill as an action that a reasonable employee would find materially adverse and specifies that an action is materially adverse when it could dissuade a reasonable worker from disclosing or threatening to disclose information protected by Section 15 or from refusing under Section 20 (Sec. 5).

• Defines "retaliatory action" for the purposes of this bill as an adverse employment action or the threat of an adverse employment action by an employer or his or her agent to penalize or any non-employment action that would dissuade a reasonable worker from disclosing information under this bill, including, but is not limited to (Sec. 15):

• Taking, or threatening to take, any action that would intentionally interfere with an employee's ability to obtain future employment or post-termination retaliation to intentionally interfere with a former employee's employment;

• Taking, or threatening to take, any action prohibited by subsection (G) of Section 2-102 of the Illinois Human Rights Act; or

• contacting, or threatening to contact, United States immigration authorities, or otherwise reporting, or threatening to report, an employee's suspected or actual citizenship or immigration status or the suspected or actual citizenship or immigration status of an employee's family or household member to a federal, State, or local agency.

• Specifies that the Attorney General has the authority to intervene in civil cases or to initiate civil action and seek damages on behalf of the state under the act (Sec. 32).

• Specifies that the provisions of this bill shall take effect beginning January 1, 2025 (Sec. 99).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that expands the scope of the Whistleblower Act and increases the penalties assessed against employers in Illinois.

Highlights:

• Expands the scope of the Whistleblower Act and increases penalties assessed against employers in Illinois (Sec. 5-32).

• Prohibits an employer from taking retaliatory action or adverse employment action against an employee who discloses or threatens to disclose to a public body investigating court or administrative hearing information related to an activity, policy, or practice of the employer that violates state or federal law (Sec. 5).

• Defines "Adverse employment action" for this bill as an action that a reasonable employee would find materially adverse and specifies that an action is materially adverse when it could dissuade a reasonable worker from disclosing or threatening to disclose information protected by Section 15 or from refusing under Section 20 (Sec. 5).

• Defines "retaliatory action" for the purposes of this bill as an adverse employment action or the threat of an adverse employment action by an employer or his or her agent to penalize or any non-employment action that would dissuade a reasonable worker from disclosing information under this bill, including, but is not limited to (Sec. 15):

• Taking, or threatening to take, any action that would intentionally interfere with an employee's ability to obtain future employment or post-termination retaliation to intentionally interfere with a former employee's employment;

• Taking, or threatening to take, any action prohibited by subsection (G) of Section 2-102 of the Illinois Human Rights Act; or

• contacting, or threatening to contact, United States immigration authorities, or otherwise reporting, or threatening to report, an employee's suspected or actual citizenship or immigration status or the suspected or actual citizenship or immigration status of an employee's family or household member to a federal, State, or local agency.

• Specifies that the Attorney General has the authority to intervene in civil cases or to initiate civil action and seek damages on behalf of the state under the act (Sec. 32).

• Specifies that the provisions of this bill shall take effect beginning January 1, 2025 (Sec. 99).

Full Bill Text