101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3434
 
Introduced 2/14/2020, by Sen. Ram Villivalam
 
SYNOPSIS AS INTRODUCED:
 

 
  
820 ILCS 40/7  from Ch. 48, par. 2007

     Amends the Personnel Record Review Act. Provides that an individual aggrieved by a disclosure of a disciplinary report in violation of the Act may file a complaint with the Director of Labor or file an action in court within 10 years after the violation.
  


LRB101 20289 JLS 69831 b

 
 
A BILL FOR
 

  
SB3434LRB101 20289 JLS 69831 b


  
1    AN ACT concerning employment.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Personnel Record Review Act is amended  by 
5changing Section 7 as follows:
 



6    (820 ILCS 40/7)  (from Ch. 48, par. 2007)



7    Sec. 7. Disclosure of disciplinary actions.  
8    (1) An employer or former employer shall not divulge a 
9disciplinary
report, letter of reprimand, or other 
10disciplinary action to a third party,
to a party who is not a 
11part of the employer's organization, or to a party
who is not a 
12part of a labor organization representing the employee, without

13written notice as provided in this Section.

14    (2) The written notice to the employee shall be by 
15first-class mail to
the employee's last known address and shall 
16be mailed on or before  the
day the information is divulged.

17    (3) This Section shall not apply if:

18        (a) the employee has specifically waived written 
19    notice as part of a written,
signed employment application 
20    with another employer;

21        (b) the disclosure is ordered to a party in a legal 
22    action or arbitration; or

23        (c) information is requested by a government agency as 
 
 
SB3434- 2 -LRB101 20289 JLS 69831 b

1    a result of a claim
or complaint by an employee, or as a 
2    result of a criminal investigation by such agency.

3    (4)  An employer who receives a request for records of a 
4disciplinary
report, letter of reprimand, or other 
5disciplinary action in relation to an employee under the 
6Freedom of Information Act may provide notification to the 
7employee in written form as described in subsection (2) or 
8through electronic mail, if available. 
9    (5) An individual may file a complaint or commence an 
10action alleging a violation of this Section, as provided in 
11Section 12, within 10 years after the date of the disclosure of 
12the report, letter, or other disciplinary action. 
13(Source: P.A. 96-1212, eff. 7-22-10.)