103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5170

 

Introduced 2/9/2024, by Rep. Abdelnasser Rashid

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 174/5
740 ILCS 174/10
740 ILCS 174/15
740 ILCS 174/20
740 ILCS 174/30

    Amends the Whistleblower Act. Defines "adverse action" to have the same meaning as "adverse employment action" in the Civil Rights Act of 1964. Defines "retaliation" to mean the protected activity proximately caused any adverse action by any employer. Prohibits an employer from making, adopting, or enforcing any rule, regulation, or policy that prevents the disclosure or for retaliating against an employee for disclosing information to a government or law enforcement agency if the employee has a good faith belief that the disclosed information is a violation of law (now, a "reasonable cause to believe"). Prohibits an employer from retaliating against an employee for refusing to participate in any past, current, or future activity that could result in a violation of a municipal, county, State, or federal law or rule. Allows an employee to request front pay in a civil action for a violation of this Act.


LRB103 39415 JRC 69598 b

 

 

A BILL FOR

 

HB5170LRB103 39415 JRC 69598 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 Whistleblower Act is amended by changing
5Sections 5, 10, 15, 20, and 30 as follows:
 
6    (740 ILCS 174/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Adverse action" has the same meaning as "adverse
9employment action" as that term is used in the Civil Rights Act
10of 1964. "Adverse action" includes retaliatory acts taken
11after the employment relationship between the employer and
12employee has ended.
13    "Employer" means: an individual, sole proprietorship,
14partnership, firm, corporation, association, and any other
15entity that has one or more employees in this State, including
16a political subdivision of the State; a unit of local
17government; a school district, combination of school
18districts, or governing body of a joint agreement of any type
19formed by two or more school districts; a community college
20district, State college or university, or any State agency
21whose major function is providing educational services; any
22authority including a department, division, bureau, board,
23commission, or other agency of these entities; and any person

 

 

HB5170- 2 -LRB103 39415 JRC 69598 b

1acting within the scope of his or her authority express or
2implied on behalf of those entities in dealing with its
3employees.
4    "Employee" means any individual who is employed on a
5full-time, part-time, or contractual basis by an employer.
6"Employee" also includes, but is not limited to, a licensed
7physician who practices his or her profession, in whole or in
8part, at a hospital, nursing home, clinic, or any medical
9facility that is a health care facility funded, in whole or in
10part, by the State.
11    "Retaliation" means the protected activity proximately
12caused any adverse action taken by an employer.
13(Source: P.A. 95-128, eff. 1-1-08; 96-1253, eff. 1-1-11.)
 
14    (740 ILCS 174/10)
15    Sec. 10. Certain policies prohibited. An employer may not
16make, adopt, or enforce any rule, regulation, or policy
17preventing an employee from disclosing information to a
18government or law enforcement agency if the employee has a
19reasonable or good faith belief reasonable cause to believe
20that the information discloses a violation of a State or
21federal law, rule, or regulation.
22(Source: P.A. 93-544, eff. 1-1-04.)
 
23    (740 ILCS 174/15)
24    Sec. 15. Retaliation for certain disclosures prohibited.

 

 

HB5170- 3 -LRB103 39415 JRC 69598 b

1    (a) An employer may not retaliate against an employee who
2discloses information in a court, an administrative hearing,
3or before a legislative commission or committee, or in any
4other proceeding, where the employee has a reasonable or good
5faith belief reasonable cause to believe that the information
6discloses a violation of a municipal, county, State or federal
7law, rule, or regulation.
8    (b) An employer may not retaliate against an employee for
9disclosing information to a government or law enforcement
10agency, whether that agency is the employer or a third party,
11where the employee has a reasonable or good faith belief
12reasonable cause to believe that the information discloses a
13past, current, or future violation of a municipal, county,
14State, or federal law, rule, or regulation by the employer or a
15third party, including any individual. If the employee can
16articulate a coherent basis, even if mistaken, for contending
17the specific conduct identified is illegal, the disclosure is
18protected.
19(Source: P.A. 95-128, eff. 1-1-08.)
 
20    (740 ILCS 174/20)
21    Sec. 20. Retaliation for certain refusals prohibited. An
22employer may not retaliate against an employee for refusing to
23participate in any past, current, or future an activity that
24would result in a violation of a municipal, county, State or
25federal law, rule, or regulation, including, but not limited

 

 

HB5170- 4 -LRB103 39415 JRC 69598 b

1to, violations of the Freedom of Information Act, by the
2employer or a third party, including any individual.
3Invitations to participate in illegal activity do not need to
4be explicit.
5(Source: P.A. 96-555, eff. 8-18-09.)
 
6    (740 ILCS 174/30)
7    Sec. 30. Damages. If an employer takes any action against
8an employee in violation of Section 15 or 20, the employee may
9bring a civil action against the employer for all relief
10necessary to make the employee whole, including but not
11limited to the following, as appropriate:
12        (1) reinstatement with the same seniority status that
13    the employee would have had, but for the violation;
14        (2) front pay in lieu of reinstatement;
15        (3) (2) back pay, with interest; and
16        (4) (3) compensation for any damages sustained as a
17    result of the violation, including litigation costs,
18    expert witness fees, and reasonable attorney's fees.
19(Source: P.A. 93-544, eff. 1-1-04.)