102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2486
 
Introduced 2/26/2021, 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 7 years after the violation.
  


LRB102 16332 JLS 21719 b

 
 
A BILL FOR
 

  
SB2486LRB102 16332 JLS 21719 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, 
13without
written 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 
16shall be mailed on or before  the
day the information is 
17divulged.

18    (3) This Section shall not apply if:

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

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

 
 
SB2486- 2 -LRB102 16332 JLS 21719 b

1        (c) information is requested by a government agency as 
2    a result of a claim
or complaint by an employee, or as a 
3    result of a criminal investigation by such agency.

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

13the report, letter, or other disciplinary action. Nothing in

14this subsection shall be construed to invalidate, diminish, or

15otherwise interfere with any collective bargaining agreement

16nor to invalidate, diminish, or otherwise interfere with any

17party's power to collectively bargain such an agreement. 
18(Source: P.A. 96-1212, eff. 7-22-10.)