Illinois 2023-2024 Regular Session

Illinois House Bill HB3763 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0727
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3	2		HB3763 Enrolled LRB103 30532 DTM 56965 b
4		-	AN ACT concerning employment.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Personnel Record Review Act is amended by
8		-	changing Sections 2, 9, 10 and 12 as follows:
9		-	(820 ILCS 40/2) (from Ch. 48, par. 2002)
10		-	Sec. 2. Open records.
11		-	(a) Upon request in writing to their employer, every
12		-	employee has a right under this Act to inspect, copy, and
13		-	receive copies of the following documents: Every employer
14		-	shall, upon an employee's request which the employer may
15		-	require be in writing on a form supplied by the employer,
16		-	permit the employee to inspect
17		-	(1) any personnel documents which are, have been or
18		-	are intended to be used in determining that employee's
19		-	qualifications for employment, promotion, transfer,
20		-	additional compensation, benefits, discharge, or other
21		-	disciplinary action, except as provided in Section 10;
22		-	(2) any employment-related contracts or agreements
23		-	that the employer maintains are legally binding on the
24		-	employee;
25		-	(3) any employee handbooks that the employer made
26		-	available to the employee or that the employee
	3	+	1 AN ACT concerning employment.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Personnel Record Review Act is amended by
	7	+	5 changing Sections 2, 9, 10 and 12 as follows:
	8	+	6 (820 ILCS 40/2) (from Ch. 48, par. 2002)
	9	+	7 Sec. 2. Open records.
	10	+	8 (a) Upon request in writing to their employer, every
	11	+	9 employee has a right under this Act to inspect, copy, and
	12	+	10 receive copies of the following documents: Every employer
	13	+	11 shall, upon an employee's request which the employer may
	14	+	12 require be in writing on a form supplied by the employer,
	15	+	13 permit the employee to inspect
	16	+	14 (1) any personnel documents which are, have been or
	17	+	15 are intended to be used in determining that employee's
	18	+	16 qualifications for employment, promotion, transfer,
	19	+	17 additional compensation, benefits, discharge, or other
	20	+	18 disciplinary action, except as provided in Section 10;
	21	+	19 (2) any employment-related contracts or agreements
	22	+	20 that the employer maintains are legally binding on the
	23	+	21 employee;
	24	+	22 (3) any employee handbooks that the employer made
	25	+	23 available to the employee or that the employee
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33		-	acknowledged receiving; and
34		-	(4) any written employer policies or procedures that
35		-	the employer contends the employee was subject to and that
36		-	concern qualifications for employment, promotion,
37		-	transfer, compensation, benefits, discharge, or other
38		-	disciplinary action.
39		-	The inspection right encompasses personnel documents in
40		-	the possession of a person, corporation, partnership, or other
41		-	association having a contractual agreement with the employer
42		-	to keep or supply a personnel record. An employee does not have
43		-	a right under this Act to the documents categorized may
44		-	request all or any part of his or her records, except as
45		-	provided in Section 10.
46		-	(b) The employer, upon an employee's written request,
47		-	shall grant at least 2 inspection requests by an employee in a
48		-	calendar year to inspect, copy, and receive copies of records
49		-	to which that employee has a right under this Act. Requests
50		-	shall be: when requests are
51		-	(1) made at reasonable intervals, unless otherwise
52		-	provided in a collective bargaining agreement; and .
53		-	(2) made to a person responsible for maintaining the
54		-	employer's personnel records, including the employer's
55		-	human resources department, payroll department, the
56		-	employee's supervisor or department manager, or to an
57		-	individual as provided in the employer's written policy.
58		-	(c) A written request shall:
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	34	+	1 acknowledged receiving; and
	35	+	2 (4) any written employer policies or procedures that
	36	+	3 the employer contends the employee was subject to and that
	37	+	4 concern qualifications for employment, promotion,
	38	+	5 transfer, compensation, benefits, discharge, or other
	39	+	6 disciplinary action.
	40	+	7 The inspection right encompasses personnel documents in
	41	+	8 the possession of a person, corporation, partnership, or other
	42	+	9 association having a contractual agreement with the employer
	43	+	10 to keep or supply a personnel record. An employee does not have
	44	+	11 a right under this Act to the documents categorized may
	45	+	12 request all or any part of his or her records, except as
	46	+	13 provided in Section 10.
	47	+	14 (b) The employer, upon an employee's written request,
	48	+	15 shall grant at least 2 inspection requests by an employee in a
	49	+	16 calendar year to inspect, copy, and receive copies of records
	50	+	17 to which that employee has a right under this Act. Requests
	51	+	18 shall be: when requests are
	52	+	19 (1) made at reasonable intervals, unless otherwise
	53	+	20 provided in a collective bargaining agreement; and .
	54	+	21 (2) made to a person responsible for maintaining the
	55	+	22 employer's personnel records, including the employer's
	56	+	23 human resources department, payroll department, the
	57	+	24 employee's supervisor or department manager, or to an
	58	+	25 individual as provided in the employer's written policy.
	59	+	26 (c) A written request shall:
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61		-	(1) identify what personnel records the employee is
62		-	requesting or if the employee is requesting all of the
63		-	records allowed to be requested under this Section;
64		-	(2) specify if the employee is requesting to inspect,
65		-	copy, or receive copies of the records;
66		-	(3) specify whether records be provided in hardcopy or
67		-	in a reasonable and commercially available electronic
68		-	format;
69		-	(4) specify whether inspection, copying, or receipt of
70		-	copies will be performed by that employee's
71		-	representative, including family members, lawyers, union
72		-	stewards, other union officials, or translators; and
73		-	(5) if the records being requested include medical
74		-	information and medical records, include a signed waiver
75		-	to release medical information and medical records to that
76		-	employee's specific representative.
77		-	(d) The employer shall comply with the employee's request
78		-	provide the employee with the inspection opportunity within 7
79		-	working days after the receipt of employee makes the request,
80		-	or, if the employer can reasonably show that such deadline
81		-	cannot be met, the employer shall have an additional 7
82		-	calendar days to comply. If an employer does not maintain
83		-	records in one or more of the categories requested, the
84		-	employer may respond in writing notifying the employee that
85		-	the employer does not maintain records in the category, but
86		-	must still permit inspection, copying, and receipt of copies
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89		-	as required by subsection (b) of any other category requested
90		-	as to which the employer does maintain records. If the records
91		-	are maintained in a manner and fashion that is already
92		-	accessible by the employee, the employer may instead provide
93		-	the employee with instructions on how to access that
94		-	information. Any in-person The inspection shall take place at
95		-	a location reasonably near the employee's place of employment
96		-	and during normal working hours. The employer may allow the
97		-	inspection to take place at a time other than working hours or
98		-	at a place other than where the records are maintained if that
99		-	time or place would be more convenient for the employee.
100		-	Nothing in this Act shall be construed as a requirement that an
101		-	employee be permitted to remove any part of such personnel
102		-	records or any part of such records from the place on the
103		-	employer's premises where it is made available for inspection.
104		-	Each employer shall retain the right to protect his records
105		-	from loss, damage, or alteration to ensure insure the
106		-	integrity of the records. The employer shall, upon the
107		-	employee's written request, email or mail a copy of the
108		-	requested record to the employee by the email address or
109		-	mailing address identified by the employee for the purpose of
110		-	receiving the copy of requested record. An employer may charge
111		-	a fee for providing a copy of the requested record. The fee
112		-	shall be limited to the actual cost of duplicating the
113		-	requested record and may not include the imputed costs of time
114		-	spent duplicating the information, the purchase or rental of
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117		-	copying machines, the purchase or rental of computer
118		-	equipment, the purchase, rental, or licensing of software, or
119		-	any other similar expenses.
120		-	(e) As used in this Section, "written request" includes
121		-	any electronic communications, such as email or text messages.
122		-	(Source: P.A. 103-201, eff. 1-1-24.)
123		-	(820 ILCS 40/9) (from Ch. 48, par. 2009)
124		-	Sec. 9. An employer shall not gather or keep a record of an
125		-	employee's associations, political activities, publications,
126		-	communications or nonemployment activities, unless the
127		-	employee submits the information in writing or gives
128		-	authorizes the employer express, written consent when the
129		-	employer keeps or gathers in writing to keep or gather the
130		-	information. This prohibition shall not apply to (i)
131		-	activities or associations with individuals or groups involved
132		-	in the physical, sexual, or other exploitation of a minor or
133		-	(ii) the activities that occur on the employer's premises or
134		-	during the employee's working hours with that employer which
135		-	interfere with the performance of the employee's duties or the
136		-	duties of other employees or activities, regardless of when
137		-	and where occurring, which constitute criminal conduct or may
138		-	reasonably be expected to harm the employer's property,
139		-	operations or business, or could by the employee's action
140		-	cause the employer financial liability. A record which is kept
141		-	by the employer as permitted under this Section shall be part
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	70	+	1 (1) identify what personnel records the employee is
	71	+	2 requesting or if the employee is requesting all of the
	72	+	3 records allowed to be requested under this Section;
	73	+	4 (2) specify if the employee is requesting to inspect,
	74	+	5 copy, or receive copies of the records;
	75	+	6 (3) specify whether records be provided in hardcopy or
	76	+	7 in a reasonable and commercially available electronic
	77	+	8 format;
	78	+	9 (4) specify whether inspection, copying, or receipt of
	79	+	10 copies will be performed by that employee's
	80	+	11 representative, including family members, lawyers, union
	81	+	12 stewards, other union officials, or translators; and
	82	+	13 (5) if the records being requested include medical
	83	+	14 information and medical records, include a signed waiver
	84	+	15 to release medical information and medical records to that
	85	+	16 employee's specific representative.
	86	+	17 (d) The employer shall comply with the employee's request
	87	+	18 provide the employee with the inspection opportunity within 7
	88	+	19 working days after the receipt of employee makes the request,
	89	+	20 or, if the employer can reasonably show that such deadline
	90	+	21 cannot be met, the employer shall have an additional 7
	91	+	22 calendar days to comply. If an employer does not maintain
	92	+	23 records in one or more of the categories requested, the
	93	+	24 employer may respond in writing notifying the employee that
	94	+	25 the employer does not maintain records in the category, but
	95	+	26 must still permit inspection, copying, and receipt of copies
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144		-	of the personnel record.
145		-	(Source: P.A. 101-531, eff. 8-23-19.)
146		-	(820 ILCS 40/10) (from Ch. 48, par. 2010)
147		-	Sec. 10. Exceptions. The right of the employee or the
148		-	employee's designated representative to inspect his or her
149		-	personnel records does not apply to:
150		-	(a) Letters of reference for that employee or external
151		-	peer review documents for academic employees of institutions
152		-	of higher education.
153		-	(b) Any portion of a test document, except that the
154		-	employee may see a cumulative total test score for either a
155		-	section of or the entire test document.
156		-	(c) Materials relating to the employer's staff planning,
157		-	such as matters relating to the business' development,
158		-	expansion, closing or operational goals, where the materials
159		-	relate to or affect more than one employee, provided, however,
160		-	that this exception does not apply if such materials are, have
161		-	been or are intended to be used by the employer in determining
162		-	an individual employee's qualifications for employment,
163		-	promotion, transfer, or additional compensation, or benefits,
164		-	or in determining an individual employee's discharge or
165		-	discipline.
166		-	(d) Information of a personal nature about a person other
167		-	than the employee if disclosure of the information would
168		-	constitute a clearly unwarranted invasion of the other
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171		-	person's privacy.
172		-	(e) An employer who does not maintain any personnel
173		-	records.
174		-	(f) Records relevant to any other pending claim between
175		-	the employer and employee which may be discovered in a
176		-	judicial proceeding.
177		-	(g) Investigatory or security records maintained by an
178		-	employer to investigate criminal conduct by an employee or
179		-	other activity by the employee which could reasonably be
180		-	expected to harm the employer's property, operations, or
181		-	business or could by the employee's activity cause the
182		-	employer financial liability, unless and until the employer
183		-	takes adverse personnel action based on information in such
184		-	records.
185		-	(h) An employer's trade secrets, client lists, sales
186		-	projections, and financial data.
187		-	(Source: P.A. 85-1440.)
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	106	+	1 as required by subsection (b) of any other category requested
	107	+	2 as to which the employer does maintain records. If the records
	108	+	3 are maintained in a manner and fashion that is already
	109	+	4 accessible by the employee, the employer may instead provide
	110	+	5 the employee with instructions on how to access that
	111	+	6 information. Any in-person The inspection shall take place at
	112	+	7 a location reasonably near the employee's place of employment
	113	+	8 and during normal working hours. The employer may allow the
	114	+	9 inspection to take place at a time other than working hours or
	115	+	10 at a place other than where the records are maintained if that
	116	+	11 time or place would be more convenient for the employee.
	117	+	12 Nothing in this Act shall be construed as a requirement that an
	118	+	13 employee be permitted to remove any part of such personnel
	119	+	14 records or any part of such records from the place on the
	120	+	15 employer's premises where it is made available for inspection.
	121	+	16 Each employer shall retain the right to protect his records
	122	+	17 from loss, damage, or alteration to ensure insure the
	123	+	18 integrity of the records. The employer shall, upon the
	124	+	19 employee's written request, email or mail a copy of the
	125	+	20 requested record to the employee by the email address or
	126	+	21 mailing address identified by the employee for the purpose of
	127	+	22 receiving the copy of requested record. An employer may charge
	128	+	23 a fee for providing a copy of the requested record. The fee
	129	+	24 shall be limited to the actual cost of duplicating the
	130	+	25 requested record and may not include the imputed costs of time
	131	+	26 spent duplicating the information, the purchase or rental of
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	142	+	1 copying machines, the purchase or rental of computer
	143	+	2 equipment, the purchase, rental, or licensing of software, or
	144	+	3 any other similar expenses.
	145	+	4 (e) As used in this Section, "written request" includes
	146	+	5 any electronic communications, such as email or text messages.
	147	+	6 (Source: P.A. 103-201, eff. 1-1-24.)
	148	+	7 (820 ILCS 40/9) (from Ch. 48, par. 2009)
	149	+	8 Sec. 9. An employer shall not gather or keep a record of an
	150	+	9 employee's associations, political activities, publications,
	151	+	10 communications or nonemployment activities, unless the
	152	+	11 employee submits the information in writing or gives
	153	+	12 authorizes the employer express, written consent when the
	154	+	13 employer keeps or gathers in writing to keep or gather the
	155	+	14 information. This prohibition shall not apply to (i)
	156	+	15 activities or associations with individuals or groups involved
	157	+	16 in the physical, sexual, or other exploitation of a minor or
	158	+	17 (ii) the activities that occur on the employer's premises or
	159	+	18 during the employee's working hours with that employer which
	160	+	19 interfere with the performance of the employee's duties or the
	161	+	20 duties of other employees or activities, regardless of when
	162	+	21 and where occurring, which constitute criminal conduct or may
	163	+	22 reasonably be expected to harm the employer's property,
	164	+	23 operations or business, or could by the employee's action
	165	+	24 cause the employer financial liability. A record which is kept
	166	+	25 by the employer as permitted under this Section shall be part
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	177	+	1 of the personnel record.
	178	+	2 (Source: P.A. 101-531, eff. 8-23-19.)
	179	+	3 (820 ILCS 40/10) (from Ch. 48, par. 2010)
	180	+	4 Sec. 10. Exceptions. The right of the employee or the
	181	+	5 employee's designated representative to inspect his or her
	182	+	6 personnel records does not apply to:
	183	+	7 (a) Letters of reference for that employee or external
	184	+	8 peer review documents for academic employees of institutions
	185	+	9 of higher education.
	186	+	10 (b) Any portion of a test document, except that the
	187	+	11 employee may see a cumulative total test score for either a
	188	+	12 section of or the entire test document.
	189	+	13 (c) Materials relating to the employer's staff planning,
	190	+	14 such as matters relating to the business' development,
	191	+	15 expansion, closing or operational goals, where the materials
	192	+	16 relate to or affect more than one employee, provided, however,
	193	+	17 that this exception does not apply if such materials are, have
	194	+	18 been or are intended to be used by the employer in determining
	195	+	19 an individual employee's qualifications for employment,
	196	+	20 promotion, transfer, or additional compensation, or benefits,
	197	+	21 or in determining an individual employee's discharge or
	198	+	22 discipline.
	199	+	23 (d) Information of a personal nature about a person other
	200	+	24 than the employee if disclosure of the information would
	201	+	25 constitute a clearly unwarranted invasion of the other
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	212	+	1 person's privacy.
	213	+	2 (e) An employer who does not maintain any personnel
	214	+	3 records.
	215	+	4 (f) Records relevant to any other pending claim between
	216	+	5 the employer and employee which may be discovered in a
	217	+	6 judicial proceeding.
	218	+	7 (g) Investigatory or security records maintained by an
	219	+	8 employer to investigate criminal conduct by an employee or
	220	+	9 other activity by the employee which could reasonably be
	221	+	10 expected to harm the employer's property, operations, or
	222	+	11 business or could by the employee's activity cause the
	223	+	12 employer financial liability, unless and until the employer
	224	+	13 takes adverse personnel action based on information in such
	225	+	14 records.
	226	+	15 (h) An employer's trade secrets, client lists, sales
	227	+	16 projections, and financial data.
	228	+	17 (Source: P.A. 85-1440.)
	229	+	18 (820 ILCS 40/12) (from Ch. 48, par. 2012)
	230	+	19 Sec. 12. Administration and enforcement of the Act.
	231	+	20 (a) The Director of Labor or his authorized representative
	232	+	21 shall administer and enforce the provisions of this Act. The
	233	+	22 Director of Labor may issue rules and regulations necessary to
	234	+	23 administer and enforce the provisions of this Act.
	235	+	24 (b) If an employee alleges that he or she has been denied
	236	+	25 his or her rights under this Act, he or she may file a
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	247	+	1 complaint with the Department of Labor. The Department shall
	248	+	2 investigate the complaint and shall have authority to request
	249	+	3 the issuance of a search warrant or subpoena to inspect the
	250	+	4 files of the employer, if necessary. The Department shall
	251	+	5 attempt to resolve the complaint by conference, conciliation,
	252	+	6 or persuasion. If the complaint is not so resolved and the
	253	+	7 Department finds the employer has violated the Act, the
	254	+	8 Department may commence an action in the circuit court to
	255	+	9 enforce the provisions of this Act including an action to
	256	+	10 compel compliance. The circuit court for the county in which
	257	+	11 the complainant resides, in which the complainant is employed,
	258	+	12 or in which the personnel record is maintained shall have
	259	+	13 jurisdiction in such actions.
	260	+	14 (c) If an employer is alleged to have violated violates
	261	+	15 this Act and the Department has failed to resolve the
	262	+	16 complaint within 180 calendar days after the complaint is
	263	+	17 filed with the Department, or the Department certifies in
	264	+	18 writing that it is unlikely to be able to resolve the complaint
	265	+	19 within that 180 calendar days, an employee may commence an
	266	+	20 action in the circuit court to enforce the provisions of this
	267	+	21 Act, including actions to compel compliance, where efforts to
	268	+	22 resolve the employee's complaint concerning such violation by
	269	+	23 conference, conciliation or persuasion pursuant to subsection
	270	+	24 (b) have failed and the Department has not commenced an action
	271	+	25 in circuit court to redress such violation. The circuit court
	272	+	26 for the county in which the complainant resides, in which the
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