2023 Illinois Compiled Statutes › Chapter 820 - EMPLOYMENT › 820 ILCS 40/ - Personnel Record Review Act.

(820 ILCS 40/0.01) (from Ch. 48, par. 2000)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Personnel Record Review Act.
(Source: P.A. 86-1324.)
(820 ILCS 40/1) (from Ch. 48, par. 2001)
Sec. 1. 
		Definitions. 
		As used in this Act:
(a) "Employee" means a person currently employed or subject to recall
after layoff or leave of absence with a right to return at a position with
an employer or a former employee who has terminated service within the preceding year.
(b) "Employer" means an individual, corporation, partnership, labor organization,
unincorporated association, the State, an agency or a political subdivision
of the State, or any other legal, business, or commercial entity which has
5 employees or more than 5 employees exclusive of the employer's parent,
spouse or child or other members of his immediate family and includes
an agent of the employer.
(Source: P.A. 83-1339.)
(820 ILCS 40/2) (from Ch. 48, par. 2002)
Sec. 2. Open records. Every 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 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, discharge or other disciplinary action,
except as provided in Section 10. 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 may request all or any part of his or her
records, except as provided in Section 10. The employer shall grant at least
2 inspection requests by an employee in a calendar year when requests are
made at reasonable intervals, unless otherwise
provided in a collective bargaining agreement. The employer
shall 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. 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 employee's written
request, email or mail a copy of the requested record to the employee 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.
(Source: P.A. 103-201, eff. 1-1-24.)
(820 ILCS 40/3) (from Ch. 48, par. 2003)
Sec. 3. (Repealed).
(Source: P.A. 83-1104. Repealed by P.A. 103-201, eff. 1-1-24.)
(820 ILCS 40/4) (from Ch. 48, par. 2004)
Sec. 4. 
		
		Personnel record information which was not included in the
personnel record but should have been as required by this Act shall not
be used by an employer in a judicial or quasi-judicial proceeding. However,
personnel record information which, in the opinion of the judge in a judicial
proceeding or the hearing officer in a quasi-judicial proceeding, was not
intentionally excluded from the personnel record may be used by the employer
in the proceeding if the employee agrees or has been given a reasonable time
to review the information. Material which should have been included in the
personnel record shall be used at the request of the employee.
(Source: P.A. 83-1104.)
(820 ILCS 40/5) (from Ch. 48, par. 2005)
Sec. 5. 
		Personnel Record Inspection by Representative. 
		An employee
who is involved in a current grievance against the employer may designate
in writing a representative of the employee's union or collective bargaining
unit or other
 representative to inspect the employee's personnel record which may have
a bearing on the resolution of the grievance, except
as provided in Section 10. The employer shall allow such a designated
representative to inspect that employee's personnel record in the same manner
as provided under Section 2.
(Source: P.A. 83-1362.)
(820 ILCS 40/6) (from Ch. 48, par. 2006)
Sec. 6. 
		Personnel Record Correction. 
		If the employee disagrees with
any information contained in the personnel record, a removal or correction
of that information may be mutually agreed upon by the employer and the
employee. If an agreement cannot be reached, the employee may submit a written
statement explaining the employee's position. The employer shall attach
the employee's statement to the disputed portion of the personnel record.
The employee's statement shall be included whenever that disputed portion
of the personnel record is released to a third party as long as the disputed
record is a part of the file. The inclusion of any written statement
attached in the record without further comment or action by the employer,
shall not imply or create any presumption of employer agreement with its
contents.  If either the employer or the employee knowingly
places in the personnel record information which is false, the employer
or employee, whichever is appropriate, shall have remedy through legal action
to have that information expunged.
(Source: P.A. 83-1104.)
(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. 102-562, eff. 1-1-22.)
(820 ILCS 40/8) (from Ch. 48, par. 2008)
Sec. 8. 
An employer shall review a personnel record before releasing
information to a third party and, except when the release is ordered to
a party in a legal action or arbitration,  delete disciplinary reports,
letters of reprimand, or other records of disciplinary action which are
more than 4 years old. This Section does not apply to a school district or an authorized employee or agent of a school district who is sharing information related to an incident or an attempted incident of sexual abuse, severe physical abuse, or sexual misconduct as defined in subsection (c) of Section 22-85.5 of this Code.
(Source: P.A. 101-531, eff. 8-23-19; 102-702, eff. 7-1-23.)
(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 authorizes the employer in writing to keep or 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 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 40/10) (from Ch. 48, par. 2010)
Sec. 10. 
		Exceptions. 
		The right of the employee or the employee's designated
representative to inspect his or her personnel records does not apply to:
(a) Letters of reference for that employee or external peer review
documents for academic employees of institutions of higher education.
(b) Any portion of a test document, except that the employee may see a
cumulative total test score for either a section of or the entire test document.
(c) Materials relating to the employer's staff planning, such as
matters relating to the business' development, expansion, closing or operational
goals, where the materials relate to or affect more than one employee,
provided, however, that this exception does not apply if such materials
are, have been or are intended to be used by the employer in determining an
individual employee's qualifications for employment, promotion, transfer,
or additional compensation, or in determining an individual employee's
discharge or discipline.
(d) Information of a personal nature about a person other than the employee
if disclosure of the information would constitute a clearly unwarranted
invasion of the other person's privacy.
(e) An employer who does not maintain any personnel records.
(f) Records relevant to any other pending claim between the employer and
employee which may be discovered in a judicial proceeding.
(g) Investigatory or security records maintained by an employer to
investigate criminal conduct by an employee or other activity by the
employee which could reasonably be expected to harm the employer's
property, operations, or business or could by the employee's activity cause
the employer financial liability, unless and until the employer takes
adverse personnel action based on information in such records.
(Source: P.A. 85-1440.)
(820 ILCS 40/11) (from Ch. 48, par. 2011)
Sec. 11. 
This Act shall not be construed to diminish a right of access
to records already otherwise provided by law, provided that disclosure of performance evaluations under the Freedom of Information Act shall be prohibited.
(Source: P.A. 96-1483, eff. 12-1-10.)
(820 ILCS 40/12) (from Ch. 48, par. 2012)
Sec. 12. 
		
		(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 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.
(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 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.)
(820 ILCS 40/13) (from Ch. 48, par. 2013)
Sec. 13. 
		
		An employer shall not gather or keep a record identifying an
employee as the subject of an investigation by the Department of Children
and Family Services if the investigation by the Department of Children and
Family Services resulted in an unfounded report as specified in the Abused
and Neglected Child Reporting Act.
An employee upon receiving written notification from the Department of
Children and Family Services that an investigation has resulted in an
unfounded report shall take the written notification to his or her employer
and have any record of the investigation expunged from his or her employee
record.
(Source: P.A. 87-400.)