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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, 9, 10 and 12 as follows:
6 (820 ILCS 40/2) (from Ch. 48, par. 2002)
7 Sec. 2. Open records.
8 (a) Upon request in writing to their employer, every
9 employee has a legal right under this Act to inspect, copy, and
10 receive copies of the following documents: Every employer
11 shall, upon an employee's request which the employer may
12 require be in writing on a form supplied by the employer,
13 permit the employee to inspect
14 (1) any personnel documents which are, have been or
15 are intended to be used in determining that employee's
16 qualifications for employment, promotion, transfer,
17 additional compensation, benefits, discharge, or other
18 disciplinary action, except as provided in Section 10;
19 (2) any employment-related contracts or agreements
20 that the employer maintains are legally binding on the
21 employee;
22 (3) any employee handbooks that the employer made
23 available to the employee or that the employee
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1 acknowledged receiving; and
2 (4) any written employer policies or procedures that
3 the employer contends the employee was subject to and that
4 concern qualifications for employment, promotion,
5 transfer, compensation, benefits, discharge, or other
6 disciplinary action.
7 The inspection right encompasses personnel documents in
8 the possession of a person, corporation, partnership, or other
9 association having a contractual agreement with the employer
10 to keep or supply a personnel record. An employee does not have
11 a legal right under this Act to the documents categorized may
12 request all or any part of his or her records, except as
13 provided in Section 10.
14 (b) The employer, upon an employee's written request,
15 shall grant at least 2 inspection requests by an employee in a
16 calendar year to inspect, copy, and receive copies of records
17 to which that employee has a legal right under this Act.
18 Requests shall be: when requests are
19 (1) made at reasonable intervals, unless otherwise
20 provided in a collective bargaining agreement; and .
21 (2) made to a person responsible for maintaining the
22 employer's personnel records, including the employer's
23 human resources department, payroll department, the
24 employee's supervisor or department manager, or to an
25 individual as provided in the employer's written policy.
26 (c) A written request shall:
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1 (1) identify what personnel records the employee is
2 requesting or if the employee is requesting all of the
3 records allowed to be requested under this Section;
4 (2) specify if the employee is requesting to inspect,
5 copy, or receive copies of the records;
6 (3) specify whether records be provided in hardcopy or
7 in a reasonable and commercially available electronic
8 format; and
9 (4) specify whether inspection, copying, or receipt of
10 copies will be performed by that employee's
11 representative, including family members, lawyers, union
12 stewards, other union officials, or translators.
13 (d) The employer shall comply with the employee's request
14 provide the employee with the inspection opportunity within 7
15 working days after the receipt of employee makes the request,
16 or, if the employer can reasonably show that such deadline
17 cannot be met, the employer shall have an additional 7
18 calendar days to comply. If an employer does not maintain
19 records in one or more of the categories requested, the
20 employer may respond in writing notifying the employee that
21 the employer does not maintain records in the category, but
22 must still permit inspection, copying, and receipt of copies
23 as required by subsection (b) of any other category requested
24 as to which the employer does maintain records. Any in-person
25 The inspection shall take place at a location reasonably near
26 the employee's place of employment and during normal working
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1 hours. The employer may allow the inspection to take place at a
2 time other than working hours or at a place other than where
3 the records are maintained if that time or place would be more
4 convenient for the employee. Nothing in this Act shall be
5 construed as a requirement that an employee be permitted to
6 remove any part of such personnel records or any part of such
7 records from the place on the employer's premises where it is
8 made available for inspection. Each employer shall retain the
9 right to protect his records from loss, damage, or alteration
10 to ensure insure the integrity of the records. The employer
11 shall, upon the employee's written request, email or mail a
12 copy of the requested record to the employee by the email
13 address or mailing address identified by the employee for the
14 purpose of receiving the copy of requested record. An employer
15 may charge a fee for providing a copy of the requested record.
16 The fee shall be limited to the actual cost of duplicating the
17 requested record and may not include the imputed costs of time
18 spent duplicating the information, the purchase or rental of
19 copying machines, the purchase or rental of computer
20 equipment, the purchase, rental, or licensing of software, or
21 any other similar expenses.
22 (e) As used in this Section, "written request" includes
23 any electronic communications, such as email or text messages.
24 (Source: P.A. 103-201, eff. 1-1-24.)
25 (820 ILCS 40/9) (from Ch. 48, par. 2009)
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1 Sec. 9. An employer shall not gather or keep a record of an
2 employee's associations, political activities, publications,
3 communications or nonemployment activities, unless the
4 employee submits the information in writing or gives
5 authorizes the employer express, written consent when the
6 employer keeps or gathers in writing to keep or gather the
7 information. This prohibition shall not apply to (i)
8 activities or associations with individuals or groups involved
9 in the physical, sexual, or other exploitation of a minor or
10 (ii) the activities that occur on the employer's premises or
11 during the employee's working hours with that employer which
12 interfere with the performance of the employee's duties or the
13 duties of other employees or activities, regardless of when
14 and where occurring, which constitute criminal conduct or may
15 reasonably be expected to harm the employer's property,
16 operations or business, or could by the employee's action
17 cause the employer financial liability. A record which is kept
18 by the employer as permitted under this Section shall be part
19 of the personnel record.
20 (Source: P.A. 101-531, eff. 8-23-19.)
21 (820 ILCS 40/10) (from Ch. 48, par. 2010)
22 Sec. 10. Exceptions. The right of the employee or the
23 employee's designated representative to inspect his or her
24 personnel records does not apply to:
25 (a) Letters of reference for that employee or external
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1 peer review documents for academic employees of institutions
2 of higher education.
3 (b) Any portion of a test document, except that the
4 employee may see a cumulative total test score for either a
5 section of or the entire test document.
6 (c) Materials relating to the employer's staff planning,
7 such as matters relating to the business' development,
8 expansion, closing or operational goals, where the materials
9 relate to or affect more than one employee, provided, however,
10 that this exception does not apply if such materials are, have
11 been or are intended to be used by the employer in determining
12 an individual employee's qualifications for employment,
13 promotion, transfer, or additional compensation, or benefits,
14 or in determining an individual employee's discharge or
15 discipline.
16 (d) Information of a personal nature about a person other
17 than the employee if disclosure of the information would
18 constitute a clearly unwarranted invasion of the other
19 person's privacy.
20 (e) An employer who does not maintain any personnel
21 records.
22 (f) Records relevant to any other pending claim between
23 the employer and employee which may be discovered in a
24 judicial proceeding.
25 (g) Investigatory or security records maintained by an
26 employer to investigate criminal conduct by an employee or
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1 other activity by the employee which could reasonably be
2 expected to harm the employer's property, operations, or
3 business or could by the employee's activity cause the
4 employer financial liability, unless and until the employer
5 takes adverse personnel action based on information in such
6 records.
7 (h) An employer's trade secrets, client lists, sales
8 projections, and financial data.
9 (Source: P.A. 85-1440.)
10 (820 ILCS 40/12) (from Ch. 48, par. 2012)
11 Sec. 12. Administration and enforcement of the Act.
12 (a) The Director of Labor or his authorized representative
13 shall administer and enforce the provisions of this Act. The
14 Director of Labor may issue rules and regulations necessary to
15 administer and enforce the provisions of this Act.
16 (b) If an employee alleges that he or she has been denied
17 his or her rights under this Act, he or she may file a
18 complaint with the Department of Labor. The Department shall
19 investigate the complaint and shall have authority to request
20 the issuance of a search warrant or subpoena to inspect the
21 files of the employer, if necessary. The Department shall
22 attempt to resolve the complaint by conference, conciliation,
23 or persuasion. If the complaint is not so resolved and the
24 Department finds the employer has violated the Act, the
25 Department may commence an action in the circuit court to
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1 enforce the provisions of this Act including an action to
2 compel compliance. The circuit court for the county in which
3 the complainant resides, in which the complainant is employed,
4 or in which the personnel record is maintained shall have
5 jurisdiction in such actions.
6 (c) If an employer is alleged to have violated violates
7 this Act and the Department has failed to resolve the
8 complaint within 180 days after the complaint is filed with
9 the Department, or the Department certifies in writing that it
10 is unlikely to be able to resolve the complaint within that 180
11 days, an employee may commence an action in the circuit court
12 to enforce the provisions of this Act, including actions to
13 compel compliance, where efforts to resolve the employee's
14 complaint concerning such violation by conference,
15 conciliation or persuasion pursuant to subsection (b) have
16 failed and the Department has not commenced an action in
17 circuit court to redress such violation. The circuit court for
18 the county in which the complainant resides, in which the
19 complainant is employed, or in which the personnel record is
20 maintained shall have jurisdiction in such actions.
21 (d) Failure to comply with an order of the court may be
22 punished as contempt. In addition, the court shall award an
23 employee prevailing in an action pursuant to this Act the
24 following damages:
25 (1) Actual damages plus costs.
26 (2) For a willful and knowing violation of this Act,
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1 $200 plus costs, reasonable attorney's fees, and actual
2 damages.
3 (e) Any employer or his agent who violates the provisions
4 of this Act is guilty of a petty offense.
5 (f) Any employer or his agent, or the officer or agent of
6 any private employer, who discharges or in any other manner
7 discriminates against any employee because that employee has
8 made a complaint to his employer, or to the Director or his
9 authorized representative, or because that employee has caused
10 to be instituted or is about to cause to be instituted any
11 proceeding under or related to this Act, or because that
12 employee has testified or is about to testify in an
13 investigation or proceeding under this Act, is guilty of a
14 petty offense.
15 (Source: P.A. 84-525.)
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