Bill Text: IL SB3468 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB3468 Detail]

Download: Illinois-2023-SB3468-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3468 Introduced 2/8/2024, by Sen. Ram Villivalam 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 39357 JRC 69520 b
A BILL FOR
SB3468 LRB103 39357 JRC 69520 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Whistleblower Act is amended by changing
Sections 5, 10, 15, 20, and 30 as follows:
(740 ILCS 174/5)
Sec. 5. Definitions. As used in this Act:
"Adverse action" has the same meaning as "adverse
employment action" as that term is used in the Civil Rights Act
of 1964. "Adverse action" includes retaliatory acts taken
after the employment relationship between the employer and
employee has ended.
"Employer" means: an individual, sole proprietorship,
partnership, firm, corporation, association, and any other
entity that has one or more employees in this State, including
a political subdivision of the State; a unit of local
government; a school district, combination of school
districts, or governing body of a joint agreement of any type
formed by two or more school districts; a community college
district, State college or university, or any State agency
whose major function is providing educational services; any
authority including a department, division, bureau, board,
commission, or other agency of these entities; and any person

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

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

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to, violations of the Freedom of Information Act, by the
employer or a third party, including any individual.
Invitations to participate in illegal activity do not need to
be explicit.
(Source: P.A. 96-555, eff. 8-18-09.)