| ||||
| Public Act 102-0562 | ||||
| ||||
| ||||
AN ACT concerning employment.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Personnel Record Review Act is amended by | ||||
changing Section 7 as follows:
| ||||
(820 ILCS 40/7) (from Ch. 48, par. 2007)
| ||||
Sec. 7. Disclosure of disciplinary actions. | ||||
(1) An employer or former employer shall not divulge a | ||||
disciplinary
report, letter of reprimand, or other | ||||
disciplinary action to a third party,
to a party who is not a | ||||
part of the employer's organization, or to a party
who is not a | ||||
part of a labor organization representing the employee, | ||||
without
written notice as provided in this Section.
| ||||
(2) The written notice to the employee shall be by | ||||
first-class mail to
the employee's last known address and | ||||
shall be mailed on or before the
day the information is | ||||
divulged.
| ||||
(3) This Section shall not apply if:
| ||||
(a) the employee has specifically waived written | ||||
notice as part of a written,
signed employment application | ||||
with another employer;
| ||||
(b) the disclosure is ordered to a party in a legal | ||||
action or arbitration; or
| ||||
(c) information is requested by a government agency as | ||
a result of a claim
or complaint by an employee, or as a | ||
result of a criminal investigation by such agency.
| ||
(4) An employer who receives a request for records of a | ||
disciplinary
report, letter of reprimand, or other | ||
disciplinary action in relation to an employee under the | ||
Freedom of Information Act may provide notification to the | ||
employee in written form as described in subsection (2) or | ||
through electronic mail, if available. | ||
(5) An individual may file a complaint or commence an | ||
action alleging a violation of this Section, as provided in | ||
Section 12, within 3 years after the date of the disclosure of
| ||
the report, letter, or other disciplinary action. Nothing in
| ||
this subsection shall be construed to invalidate, diminish, or
| ||
otherwise interfere with any collective bargaining agreement
| ||
nor to invalidate, diminish, or otherwise interfere with any
| ||
party's power to collectively bargain such an agreement. | ||
(Source: P.A. 96-1212, eff. 7-22-10.)
| ||