Bill Text: IL SB3735 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Personnel Record Review Act. Provides that every employee has a legal right to inspect, copy, and receive copies of specified documents. Provides that an employer shall not include the imputed costs of time spent duplicating the information, purchasing or renting a copying machine, purchasing or renting computer equipment, or purchasing, renting, or licensing software in a fee for providing a copy of the documents. Provides that an employee may bring an action in circuit court regardless of whether that employee has filed a complaint concerning the same violation with the Department of Labor. Authorizes an employee to file a complaint with the Department regardless of whether the employee pursued or is pursuing an action for the same violation in circuit court. Makes other changes. Repeals provisions concerning personnel record inspections by representatives of the employee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB3735 Detail]

Download: Illinois-2023-SB3735-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3735 Introduced 2/9/2024, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
820 ILCS 40/2 from Ch. 48, par. 2002
820 ILCS 40/9 from Ch. 48, par. 2009
820 ILCS 40/12 from Ch. 48, par. 2012
820 ILCS 40/5 rep.
Amends the Personnel Record Review Act. Provides that every employee has a legal right to inspect, copy, and receive copies of specified documents. Provides that an employer shall not include the imputed costs of time spent duplicating the information, purchasing or renting a copying machine, purchasing or renting computer equipment, or purchasing, renting, or licensing software in a fee for providing a copy of the documents. Provides that an employee may bring an action in circuit court regardless of whether that employee has filed a complaint concerning the same violation with the Department of Labor. Authorizes an employee to file a complaint with the Department regardless of whether the employee pursued or is pursuing an action for the same violation in circuit court. Makes other changes. Repeals provisions concerning personnel record inspections by representatives of the employee.
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A BILL FOR
SB3735 LRB103 36782 SPS 66892 b
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 Sections 2, 9, and 12 as follows:
(820 ILCS 40/2) (from Ch. 48, par. 2002)
Sec. 2. Open records.
(a) Every employee has a legal right under this Act to
inspect, copy, or receive copies of the following documents:
employer shall, upon an employee's request which the employer
may require be in writing on a form supplied by the employer,
permit the employee to inspect
(1) any personnel documents which are, have been or
are intended to be used in determining that employee's
qualifications for employment, promotion, transfer,
additional compensation, benefits, perquisites,
discharge, or other disciplinary action, except as
provided in Section 10; .
(2) any contracts or agreements that the employee
signed or that the employer maintains the manifested
intent of the employee to be bound or that the employer
maintains are legally binding on the employee;
(3) any employee handbooks that the employer made

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available to the employee or that the employee
acknowledged receiving; and
(4) any employer policies or procedures that the
employer contends the employee was subject to and that
concern qualifications for employment,
promotion,transfer, compensation, benefits, perquisites,
discharge or other disciplinary action.
The inspection right encompasses personnel documents in
the possession of a person, corporation, partnership, or other
association having a contractual agreement with the employer
to keep or supply a personnel record. An employee does not have
a legal right under this Act to the documents categorized may
request all or any part of his or her records, except as
provided in Section 10.
(b) The employer shall, upon an employee's request, grant
at least 2 inspection requests by an employee in a calendar
year to inspect, copy, and receive copies of records to which
that employee has a legal right under this Act. Requests must
be when requests are made at reasonable intervals, unless
otherwise provided in a collective bargaining agreement. The
employer may require the request to be in writing. Electronic
communications such as e-mail and text messages suffice as
written requests under this subsection. The written request
need only apprise a reasonable employer that the employee is
requesting some or all of the employee's records. The employee
may specify in the employee's request if he or she is

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requesting to inspect, to copy, and to receive copies of the
records. The employee may request that copies be provided in
hardcopy or in a reasonable and commercially available
electronic format. The employee may request that the
inspection, copying, or receipt of copies be performed by that
employee's representative, including, but not limited to,
family members, clergy, accountants, lawyers, union stewards,
other union officials, translators, representatives of
workers' centers, and members of the press. The employer shall
comply with the employee's request provide the employee with
the inspection opportunity within 7 working days after the
employee makes the request or if the employer can reasonably
show that such deadline cannot be met, the employer shall have
an additional 7 days to comply. Any in-person The inspection
shall take place at a location reasonably near the employee's
place of employment and during normal working hours. The
employer may allow the inspection to take place at a time other
than working hours or at a place other than where the records
are maintained if that time or place would be more convenient
for the employee. Nothing in this Act shall be construed as a
requirement that an employee be permitted to remove any part
of such personnel records or any part of such records from the
place on the employer's premises where it is made available
for inspection. Each employer shall retain the right to
protect his records from loss, damage, or alteration to insure
the integrity of the records. The employer shall, upon the

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employee's written request, email or mail a copy of the
requested record to the employee to any by the email address or
mailing address identified by the employee for the purpose of
receiving the copy of requested record. An employer may charge
a fee for providing a copy of the requested record. The fee
shall be limited to the actual cost of duplicating the
requested record and shall not include the imputed costs of
time spent duplicating the information, the purchase or rental
of copying machines, the purchase or rental of computer
equipment, the purchase, rental, or licensing of software, and
similar expenses.
(Source: P.A. 103-201, eff. 1-1-24.)
(820 ILCS 40/9) (from Ch. 48, par. 2009)
Sec. 9. An employer shall not gather or keep a record of an
employee's associations, political activities, publications,
communications or nonemployment activities, unless the
employee submits the information in writing or gives
authorizes the employer express, written consent when the
employer keeps in writing to keep or gathers gather the
information. This prohibition shall not apply to (i)
activities or associations with individuals or groups involved
in the physical, sexual, or other exploitation of a minor or
(ii) the activities that occur on the employer's premises or
during the employee's working hours with that employer which
interfere with the performance of the employee's duties or the

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duties of other employees or activities, regardless of when
and where occurring, which constitute criminal conduct or may
reasonably be expected to harm the employer's property,
operations or business, or could by the employee's action
cause the employer financial liability. A record which is kept
by the employer as permitted under this Section shall be part
of the personnel record.
(Source: P.A. 101-531, eff. 8-23-19.)
(820 ILCS 40/12) (from Ch. 48, par. 2012)
Sec. 12. Administration and enforcement.
(a) The Director of Labor or his authorized representative
shall administer and enforce the provisions of this Act. The
Director of Labor may issue rules and regulations necessary to
administer and enforce the provisions of this Act.
(b) If an employee alleges that he or she has been denied
his or her rights under this Act, he or she may file a
complaint with the Department of Labor. The Department shall
investigate the complaint and shall have authority to request
the issuance of a search warrant or subpoena to inspect the
files of the employer, if necessary. The Department shall
attempt to resolve the complaint by conference, conciliation,
or persuasion. If the complaint is not so resolved and the
Department finds the employer has violated the Act, the
Department may commence an action in the circuit court to
enforce the provisions of this Act including an action to

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compel compliance. The circuit court for the county in which
the complainant resides, in which the complainant is employed,
or in which the personnel record is maintained shall have
jurisdiction in such actions.
(c) If an employer violates this Act, an employee may
commence an action in the circuit court to enforce the
provisions of this Act, including actions to compel
compliance, where efforts to resolve the employee's complaint
concerning such violation by conference, conciliation or
persuasion pursuant to subsection (b) have failed and the
Department has not commenced an action in circuit court to
redress such violation. The circuit court for the county in
which the complainant resides, in which the complainant is
employed, or in which the personnel record is maintained shall
have jurisdiction in such actions. An employee may bring an
action in the circuit court regardless of whether that
employee has filed a complaint concerning the violation with
the Department and an employee may file a complaint with the
Department regardless of whether the employee pursued or is
pursuing an action for the same violation in circuit court.
(d) Failure to comply with an order of the court may be
punished as contempt. In addition, the court shall award an
employee prevailing in an action pursuant to this Act the
following damages:
(1) Actual damages plus costs.
(2) For a willful and knowing violation of this Act, $200

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plus costs, reasonable attorney's fees, and actual damages.
(e) Any employer or his agent who violates the provisions
of this Act is guilty of a petty offense.
(f) Any employer or his agent, or the officer or agent of
any private employer, who discharges or in any other manner
discriminates against any employee because that employee has
made a complaint to his employer, or to the Director or his
authorized representative, or because that employee has caused
to be instituted or is about to cause to be instituted any
proceeding under or related to this Act, or because that
employee has testified or is about to testify in an
investigation or proceeding under this Act, is guilty of a
petty offense.
(Source: P.A. 84-525.)