Bill Text: IL SB3509 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Whistleblower Act. Changes the definitions of "employer" and "employee". Defines "adverse employment action", "public body", "retaliatory action", and "supervisor". Provides that an employer may not take retaliatory action against an employee who discloses or threatens to disclose information about an activity, policy, or practice of the employer that the employee has a good faith belief that such activity, policy, or practice violates a State or federal law, rule, or regulation or poses a substantial and specific danger to public health or safety. Includes additional relief, damages, and penalties for violation of the Act. Allows the Attorney General to initiate or intervene in a civil action to obtain appropriate relief if the Attorney General has reasonable cause to believe that any person or entity is engaged in a practice prohibited by the Act. Provides that the changes made by the amendatory Act apply to claims arising or complaints filed on or after January 1, 2025. Effective January 1, 2025.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced) 2024-05-22 - Added as Co-Sponsor Sen. Omar Aquino [SB3509 Detail]

Download: Illinois-2023-SB3509-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3509 Introduced 2/9/2024, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
740 ILCS 174/5
740 ILCS 174/15
740 ILCS 174/20
740 ILCS 174/20.1
740 ILCS 174/20.2
740 ILCS 174/25
740 ILCS 174/30
740 ILCS 174/31 new
Amends the Whistleblower Act. Changes the definitions of "employer" and "employee". Defines "adverse employment action", "public body", "retaliatory action", and "supervisor". Provides that an employer may not take retaliatory action against an employee who discloses or threatens to disclose information about an activity, policy, or practice of the employer that the employee has a good faith belief that such activity, policy, or practice violates a State or federal law, rule, or regulation or poses a substantial and specific danger to public health or safety. Includes additional relief, damages, and penalties for violation of the Act. Allows the Attorney General to initiate or intervene in a civil action to obtain appropriate relief if the Attorney General has reasonable cause to believe that any person or entity is engaged in a practice prohibited by the Act. Provides that the changes made by the amendatory Act apply to claims arising or complaints filed on or after January 1, 2025. Effective January 1, 2025.
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A BILL FOR
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AN ACT concerning civil law.
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, 15, 20, 20.1, 20.2, 25, and 30 and by adding
Section 31 as follows:
(740 ILCS 174/5)
Sec. 5. Definitions. As used in this Act:
"Adverse employment action" means any action that creates
an adverse change in the terms and conditions of employment
viewed in the totality of circumstances.
"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
acting directly or indirectly in the interest of an employer

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in relation to an employee 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 permitted to work who is
employed on a full-time, part-time, or contractual basis by an
employer unless:
(1) the individual has been and will continue to be
free from control and direction over the performance of
his or her work, both under his or her contract of service
with his or her employer and in fact;
(2) the individual performs work which is either
outside the usual course of business or is performed
outside all of the places of business of the employer
unless the employer is in the business of contracting with
parties for the placement of employees; and
(3) the individual is in an independently established
trade, occupation, profession, or business.
"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 whole
or in part, by the State.
"Public body" means any of the following: the State; any
officer, board, political subdivision, or commission of the
State; any institution supported in whole or in part by public
funds; units of local government; and school districts.

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"Retaliatory action" means an adverse employment action or
the threat of an adverse employment action by an employer or
his or her agent to penalize or any non-employment action that
would dissuade a reasonable worker from disclosing information
under this Act. "Retaliatory action" includes, but is not
limited to:
(1) taking, or threatening to take, any action that
would intentionally interfere with an employee's ability
to obtain future employment or post-termination
retaliation to intentionally interfere with a former
employee's employment;
(2) taking, or threatening to take, any action
prohibited by subsection (G) of Section 2-102 of the
Illinois Human Rights Act; or
(3) contacting, or threatening to contact, United
States immigration authorities, or otherwise reporting, or
threatening to report, an employee's suspected or actual
citizenship or immigration status or the suspected or
actual citizenship or immigration status of an employee's
family or household member to a federal, State, or local
agency.
"Retaliatory action" does not include:
(1) conduct undertaken at the express and specific
direction or request of the federal government; or
(2) truthful, performance-related information about an
employee or former employee provided in good faith to a

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prospective employer at the request of the prospective
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.
"Supervisor" means (i) any individual within an employer's
organization, or an organization the employer has a
contractual relationship with, (ii) any individual who has the
authority to direct and control the work performance of the
affected employee, or (iii) any individual who has managerial
authority to take corrective action regarding a violation of
the law, rule, or regulation disclosed by an employee in
accordance with Section 15.
(Source: P.A. 95-128, eff. 1-1-08; 96-1253, eff. 1-1-11.)
(740 ILCS 174/15)
Sec. 15. Retaliation for certain disclosures prohibited.
(a) An employer may not take retaliatory action retaliate
against an employee who discloses or threatens to disclose to
a public body conducting investigation, or in a court, an
administrative hearing, or any other proceeding initiated by a
public body, information related to an activity, policy, or
practice of the employer where the employee has a good faith
belief that the activity, policy, or practice (i) violates in
a court, an administrative hearing, or before a legislative

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commission or committee, or in any other proceeding, where the
employee has reasonable cause to believe that the information
discloses a violation of a State or federal law, rule, or
regulation or (ii) poses a substantial and specific danger to
co-workers, public health or safety..
(b) An employer may not take retaliatory action retaliate
against an employee for disclosing or threatening to disclose
information to a government or law enforcement agency
information to an activity, policy, or practice of the
employer, where the employee has a good faith belief that the
activity, policy, or practice of the employer (i) violates
reasonable cause to believe that the information discloses a
violation of a State or federal law, rule, or regulation or
(ii) poses a substantial and specific danger to co- workers,
public health, or safety.
(c) An employer may not take retaliatory action against an
employee for disclosing or threatening to disclose to any
employees with supervisory authority, principal officer, or
board member, information related to an activity, policy, or
practice of the employer where the employee has a good faith
belief that the activity, policy, or practice(i) violates a
State or federal law, rule, or regulation or (ii) poses a
substantial and specific danger to co-workers, or public
health or safety.
(Source: P.A. 95-128, eff. 1-1-08.)

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(740 ILCS 174/20)
Sec. 20. Retaliation for certain refusals prohibited. An
employer may not take retaliatory action retaliate against an
employee for refusing to participate in an activity that the
employee has a good faith belief that such participation would
result in a violation of a State or federal law, rule, or
regulation, including, but not limited to, violations of the
Freedom of Information Act.
(Source: P.A. 96-555, eff. 8-18-09.)
(740 ILCS 174/20.1)
Sec. 20.1. Other retaliation. Any other act or omission
not otherwise specifically set forth in this Act, whether
within or without the workplace, also constitutes retaliatory
action retaliation by an employer under this Act if the act or
omission would be materially adverse to a reasonable employee
and is because of the employee disclosing or attempting to
disclose public corruption or wrongdoing.
(Source: P.A. 96-555, eff. 8-18-09.)
(740 ILCS 174/20.2)
Sec. 20.2. Threatening retaliation. An employer may not
threaten any employee with any act or omission if that act or
omission would constitute retaliatory action retaliation
against the employee under this Act.
(Source: P.A. 96-555, eff. 8-18-09.)

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(740 ILCS 174/25)
Sec. 25. Criminal Civil penalty. Violation of this Act is
a Class A misdemeanor.
(Source: P.A. 93-544, eff. 1-1-04.)
(740 ILCS 174/30)
Sec. 30. Damages and penalties. If an employer takes any
retaliatory action against an employee in violation of Section
15 or 20, the employee may bring a civil action against the
employer for all relief necessary to make the employee whole,
including but not limited to the following, as appropriate:
(1) permanent or preliminary injunctive relief;
(1.5) reinstatement with the same seniority status
that the employee would have had, but for the violation;
(2) back pay, with interest, and front pay, or, in
lieu of actual damages, at the employee's election,
liquidated damages of $30,000; and
(3) compensation for any costs incurred damages
sustained as a result of the violation, including
litigation costs, expert witness fees, and reasonable
attorney's fees.
(4) Consequential damages, where the damages are a
direct and foreseeable result of an employer's violation
of this Act.
In addition to the remedies specified in paragraphs (1)

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through (5), the Attorney General may request and the finder
of fact may impose a civil penalty in the amount of $5,000 for
each violation, or $10,000 for the second and each subsequent
violation within a 5-year period. For purposes of this
Section, each violation of this Act for each employee the
employer took or threatened to take retaliatory action against
shall constitute a separate and distinct violation. A civil
penalty imposed under this Section shall be deposited into the
Attorney General Court Ordered and Voluntary Compliance
Payment Projects Fund.
(Source: P.A. 93-544, eff. 1-1-04.)
(740 ILCS 174/31 new)
Sec. 31. Attorney General enforcement.
(a) Whenever the Attorney General has reasonable cause to
believe that any person or entity ha s engaged in a practice
prohibited by this Act, the Attorney General may, pursuant to
the authority conferred by Section 6.3 of the Attorney General
Act, initiate or intervene in a civil action in the name of the
People of the State in any appropriate court to obtain
appropriate relief.
(b) Before initiating an action, the Attorney General may
conduct an investigation and may:
(1) require an individual or entity to file a
statement or report in writing, under oath or otherwise,
as to all information the Attorney General may consider

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necessary;
(2) examine under oath any person alleged to have
participated in, or with knowledge of, the alleged
violation; or
(3) issue subpoenas or conduct hearings in aid of any
investigation.
(c) Service by the Attorney General of any notice
requiring a person or entity to file a statement or report, or
of a subpoena upon any person or entity, shall be made:
(1) personally by delivery of a duly executed copy
thereof to the person to be served or, if a person is not a
natural person, in the manner provided in the Code of
Civil Procedure when a complaint is filed; or
(2) by mailing by certified mail a duly executed copy
thereof to the person to be served at his or her last known
abode or principal place of business within this State or,
if the person is not a natural person, in the manner
provided in the Code of Civil Procedure when a complaint
is filed.
The Attorney General may compel compliance with
investigative demands under this Section through an order by
any court of competent jurisdiction.
Section 90. Applicability. The changes made by this
amendatory Act of the 103rd General Assembly apply to claims
arising or complaints filed on or after January 1, 2025.

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