Public Act 93-0414

HB0469 Enrolled                      LRB093 04547 WGH 04600 b

    AN ACT concerning State lawsuit immunity.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The State Lawsuit Immunity Act is amended by
changing Section 1 and adding Section 1.5 as follows:

    (745 ILCS 5/1) (from Ch. 127, par. 801)
    Sec. 1.  Except as provided in the "Illinois Public Labor
Relations Act", enacted by  the  83rd  General  Assembly,  or
except  as provided in "AN ACT to create the Court of Claims,
to prescribe its powers and duties,  and  to  repeal  AN  Act
herein  named",  filed  July 17, 1945, as amended, or Section
1.5 of this Act, the State of Illinois shall not  be  made  a
defendant or party in any court.
(Source: P.A. 83-1012.)

    (745 ILCS 5/1.5 new)
    Sec. 1.5.  Exceptions; State employees.
    (a)  An   employee,   former   employee,  or  prospective
employee of the State who is  aggrieved  by  any  conduct  or
action  or  inaction  of  the  State  that would constitute a
violation of the Age  Discrimination  in  Employment  Act  of
1967,  29  U.S.C. 621 et seq., as amended, if committed by an
employer covered by that Act may bring an  action  under  the
Age  Discrimination  in  Employment  Act  of 1967 against the
State in State circuit court or federal court.
    (b)  An employee of the State who  is  aggrieved  by  any
conduct  or  action  or  inaction  of  the  State  that would
constitute a violation of the Fair  Labor  Standards  Act  of
1938,  29  U.S.C. 201 et seq., as amended, if committed by an
employer covered by that Act may bring an  action  under  the
Fair  Labor  Standards Act of 1938 against the State in State
circuit court or federal court.
    (c)  An  employee,  former   employee,   or   prospective
employee  of  the  State  who  is aggrieved by any conduct or
action or inaction of  the  State  that  would  constitute  a
violation of the Family and Medical Leave Act, 29 U.S.C. 2601
et  seq.,  as amended, if committed by an employer covered by
that Act may bring an action under  the  Family  and  Medical
Leave Act against the State in State circuit court or federal
court.
    (d)  An   employee,   former   employee,  or  prospective
employee of the State who is  aggrieved  by  any  conduct  or
action  or  inaction  of  the  State  that would constitute a
violation of the Americans with Disabilities Act of 1990,  42
U.S.C. 12101 et seq., as amended, if committed by an employer
covered  by  that Act may bring an action under the Americans
with Disabilities Act of 1990  against  the  State  in  State
circuit court or federal court.
    (e)  An   employee,   former   employee,  or  prospective
employee of the State who is  aggrieved  by  any  conduct  or
action  or  inaction  of  the  State  that would constitute a
violation of Title VII of the Civil Rights Act  of  1964,  42
U.S.C. 2000e et seq., as amended, if committed by an employer
covered  by  that  Act may bring an action under Title VII of
the Civil Rights Act of  1964  against  the  State  in  State
circuit court or federal court.