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92_HB3772
LRB9209511WHpcA
1 AN ACT concerning State lawsuit immunity.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Lawsuit Immunity Act is amended by
5 changing Section 1 and adding Section 1.5 as follows:
6 (745 ILCS 5/1) (from Ch. 127, par. 801)
7 Sec. 1. Except as provided in the "Illinois Public Labor
8 Relations Act", enacted by the 83rd General Assembly, or
9 except as provided in "AN ACT to create the Court of Claims,
10 to prescribe its powers and duties, and to repeal AN Act
11 herein named", filed July 17, 1945, as amended, or Section
12 1.5 of this Act, the State of Illinois shall not be made a
13 defendant or party in any court.
14 (Source: P.A. 83-1012.)
15 (745 ILCS 5/1.5 new)
16 Sec. 1.5. Exceptions; State employees.
17 (a) An employee, former employee, or prospective
18 employee of the State who is aggrieved by any conduct or
19 action or inaction of the State that would constitute a
20 violation of the Age Discrimination in Employment Act of
21 1967, 29 U.S.C. 621 et seq., as amended, if committed by an
22 employer covered by that Act may bring a civil action against
23 the State for such legal or equitable relief as will
24 effectuate the purposes of the Age Discrimination in
25 Employment Act of 1967.
26 (b) An employee of the State who is aggrieved by any
27 conduct or action or inaction of the State that would
28 constitute a violation of the Fair Labor Standards Act of
29 1938, 29 U.S.C. 201 et seq., as amended, if committed by an
30 employer covered by that Act may bring a civil action against
-2- LRB9209511WHpcA
1 the State for such legal or equitable relief as will
2 effectuate the purposes of the Fair Labor Standards Act of
3 1938.
4 (c) An employee, former employee, or prospective
5 employee of the State who is aggrieved by any conduct or
6 action or inaction of the State that would constitute a
7 violation of the Family and Medical Leave Act, 29 U.S.C. 2601
8 et seq., as amended, if committed by an employer covered by
9 that Act may bring a civil action against the State for such
10 legal or equitable relief as will effectuate the purposes of
11 the Family and Medical Leave Act.
12 (d) An employee, former employee, or prospective
13 employee of the State who is aggrieved by any conduct or
14 action or inaction of the State that would constitute a
15 violation of the Americans with Disabilities Act of 1990, 42
16 U.S.C. 12101 et seq., as amended, if committed by an employer
17 covered by that Act may bring a civil action against the
18 State for such legal or equitable relief as will effectuate
19 the purposes of the Americans with Disabilities Act of 1990.