Rep. Will Guzzardi

Filed: 4/16/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3763

2    AMENDMENT NO. ______. Amend House Bill 3763, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Personnel Record Review Act is amended by
6changing Sections 2, 9, 10 and 12 as follows:
 
7    (820 ILCS 40/2)  (from Ch. 48, par. 2002)
8    Sec. 2. Open records.
9    (a) Upon request in writing to their employer, every
10employee has a right under this Act to inspect, copy, and
11receive copies of the following documents: Every employer
12shall, upon an employee's request which the employer may
13require be in writing on a form supplied by the employer,
14permit the employee to inspect
15        (1) any personnel documents which are, have been or
16    are intended to be used in determining that employee's

 

 

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1    qualifications for employment, promotion, transfer,
2    additional compensation, benefits, discharge, or other
3    disciplinary action, except as provided in Section 10;
4        (2) any employment-related contracts or agreements
5    that the employer maintains are legally binding on the
6    employee;
7        (3) any employee handbooks that the employer made
8    available to the employee or that the employee
9    acknowledged receiving; and
10        (4) any written employer policies or procedures that
11    the employer contends the employee was subject to and that
12    concern qualifications for employment, promotion,
13    transfer, compensation, benefits, discharge, or other
14    disciplinary action.
15    The inspection right encompasses personnel documents in
16the possession of a person, corporation, partnership, or other
17association having a contractual agreement with the employer
18to keep or supply a personnel record. An employee does not have
19a right under this Act to the documents categorized may
20request all or any part of his or her records, except as
21provided in Section 10.
22    (b) The employer, upon an employee's written request,
23shall grant at least 2 inspection requests by an employee in a
24calendar year to inspect, copy, and receive copies of records
25to which that employee has a right under this Act. Requests
26shall be: when requests are

 

 

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1        (1) made at reasonable intervals, unless otherwise
2    provided in a collective bargaining agreement; and .
3        (2) made to a person responsible for maintaining the
4    employer's personnel records, including the employer's
5    human resources department, payroll department, the
6    employee's supervisor or department manager, or to an
7    individual as provided in the employer's written policy.
8    (c) A written request shall:
9        (1) identify what personnel records the employee is
10    requesting or if the employee is requesting all of the
11    records allowed to be requested under this Section;
12        (2) specify if the employee is requesting to inspect,
13    copy, or receive copies of the records;
14        (3) specify whether records be provided in hardcopy or
15    in a reasonable and commercially available electronic
16    format;
17        (4) specify whether inspection, copying, or receipt of
18    copies will be performed by that employee's
19    representative, including family members, lawyers, union
20    stewards, other union officials, or translators; and
21        (5) if the records being requested include medical
22    information and medical records, include a signed waiver
23    to release medical information and medical records to that
24    employee's specific representative.
25    (d) The employer shall comply with the employee's request
26provide the employee with the inspection opportunity within 7

 

 

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1working days after the receipt of employee makes the request,
2or, if the employer can reasonably show that such deadline
3cannot be met, the employer shall have an additional 7
4calendar days to comply. If an employer does not maintain
5records in one or more of the categories requested, the
6employer may respond in writing notifying the employee that
7the employer does not maintain records in the category, but
8must still permit inspection, copying, and receipt of copies
9as required by subsection (b) of any other category requested
10as to which the employer does maintain records. If the records
11are maintained in a manner and fashion that is already
12accessible by the employee, the employer may instead provide
13the employee with instructions on how to access that
14information. Any in-person The inspection shall take place at
15a location reasonably near the employee's place of employment
16and during normal working hours. The employer may allow the
17inspection to take place at a time other than working hours or
18at a place other than where the records are maintained if that
19time or place would be more convenient for the employee.
20Nothing in this Act shall be construed as a requirement that an
21employee be permitted to remove any part of such personnel
22records or any part of such records from the place on the
23employer's premises where it is made available for inspection.
24Each employer shall retain the right to protect his records
25from loss, damage, or alteration to ensure insure the
26integrity of the records. The employer shall, upon the

 

 

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1employee's written request, email or mail a copy of the
2requested record to the employee by the email address or
3mailing address identified by the employee for the purpose of
4receiving the copy of requested record. An employer may charge
5a fee for providing a copy of the requested record. The fee
6shall be limited to the actual cost of duplicating the
7requested record and may not include the imputed costs of time
8spent duplicating the information, the purchase or rental of
9copying machines, the purchase or rental of computer
10equipment, the purchase, rental, or licensing of software, or
11any other similar expenses.
12    (e) As used in this Section, "written request" includes
13any electronic communications, such as email or text messages.
14(Source: P.A. 103-201, eff. 1-1-24.)
 
15    (820 ILCS 40/9)  (from Ch. 48, par. 2009)
16    Sec. 9. An employer shall not gather or keep a record of an
17employee's associations, political activities, publications,
18communications or nonemployment activities, unless the
19employee submits the information in writing or gives
20authorizes the employer express, written consent when the
21employer keeps or gathers in writing to keep or gather the
22information. This prohibition shall not apply to (i)
23activities or associations with individuals or groups involved
24in the physical, sexual, or other exploitation of a minor or
25(ii) the activities that occur on the employer's premises or

 

 

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1during the employee's working hours with that employer which
2interfere with the performance of the employee's duties or the
3duties of other employees or activities, regardless of when
4and where occurring, which constitute criminal conduct or may
5reasonably be expected to harm the employer's property,
6operations or business, or could by the employee's action
7cause the employer financial liability. A record which is kept
8by the employer as permitted under this Section shall be part
9of the personnel record.
10(Source: P.A. 101-531, eff. 8-23-19.)
 
11    (820 ILCS 40/10)  (from Ch. 48, par. 2010)
12    Sec. 10. Exceptions. The right of the employee or the
13employee's designated representative to inspect his or her
14personnel records does not apply to:
15    (a) Letters of reference for that employee or external
16peer review documents for academic employees of institutions
17of higher education.
18    (b) Any portion of a test document, except that the
19employee may see a cumulative total test score for either a
20section of or the entire test document.
21    (c) Materials relating to the employer's staff planning,
22such as matters relating to the business' development,
23expansion, closing or operational goals, where the materials
24relate to or affect more than one employee, provided, however,
25that this exception does not apply if such materials are, have

 

 

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1been or are intended to be used by the employer in determining
2an individual employee's qualifications for employment,
3promotion, transfer, or additional compensation, or benefits,
4or in determining an individual employee's discharge or
5discipline.
6    (d) Information of a personal nature about a person other
7than the employee if disclosure of the information would
8constitute a clearly unwarranted invasion of the other
9person's privacy.
10    (e) An employer who does not maintain any personnel
11records.
12    (f) Records relevant to any other pending claim between
13the employer and employee which may be discovered in a
14judicial proceeding.
15    (g) Investigatory or security records maintained by an
16employer to investigate criminal conduct by an employee or
17other activity by the employee which could reasonably be
18expected to harm the employer's property, operations, or
19business or could by the employee's activity cause the
20employer financial liability, unless and until the employer
21takes adverse personnel action based on information in such
22records.
23    (h) An employer's trade secrets, client lists, sales
24projections, and financial data.
25(Source: P.A. 85-1440.)
 

 

 

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1    (820 ILCS 40/12)  (from Ch. 48, par. 2012)
2    Sec. 12. Administration and enforcement of the Act.
3    (a) The Director of Labor or his authorized representative
4shall administer and enforce the provisions of this Act. The
5Director of Labor may issue rules and regulations necessary to
6administer and enforce the provisions of this Act.
7    (b) If an employee alleges that he or she has been denied
8his or her rights under this Act, he or she may file a
9complaint with the Department of Labor. The Department shall
10investigate the complaint and shall have authority to request
11the issuance of a search warrant or subpoena to inspect the
12files of the employer, if necessary. The Department shall
13attempt to resolve the complaint by conference, conciliation,
14or persuasion. If the complaint is not so resolved and the
15Department finds the employer has violated the Act, the
16Department may commence an action in the circuit court to
17enforce the provisions of this Act including an action to
18compel compliance. The circuit court for the county in which
19the complainant resides, in which the complainant is employed,
20or in which the personnel record is maintained shall have
21jurisdiction in such actions.
22    (c) If an employer is alleged to have violated violates
23this Act and the Department has failed to resolve the
24complaint within 180 calendar days after the complaint is
25filed with the Department, or the Department certifies in
26writing that it is unlikely to be able to resolve the complaint

 

 

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1within that 180 calendar days, an employee may commence an
2action in the circuit court to enforce the provisions of this
3Act, including actions to compel compliance, where efforts to
4resolve the employee's complaint concerning such violation by
5conference, conciliation or persuasion pursuant to subsection
6(b) have failed and the Department has not commenced an action
7in circuit court to redress such violation. The circuit court
8for the county in which the complainant resides, in which the
9complainant is employed, or in which the personnel record is
10maintained shall have jurisdiction in such actions.
11    (d) Failure to comply with an order of the court may be
12punished as contempt. In addition, the court shall award an
13employee prevailing in an action pursuant to this Act the
14following damages:
15        (1) Actual damages plus costs.
16        (2) For a willful and knowing violation of this Act,
17    $200 plus costs, reasonable attorney's fees, and actual
18    damages.
19    (e) Any employer or his agent who violates the provisions
20of this Act is guilty of a petty offense.
21    (f) Any employer or his agent, or the officer or agent of
22any private employer, who discharges or in any other manner
23discriminates against any employee because that employee has
24made a complaint to his employer, or to the Director or his
25authorized representative, or because that employee has caused
26to be instituted or is about to cause to be instituted any

 

 

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1proceeding under or related to this Act, or because that
2employee has testified or is about to testify in an
3investigation or proceeding under this Act, is guilty of a
4petty offense.
5(Source: P.A. 84-525.)".