ILL LEG Personnel Record Review Act


On Jun. 18, ILL LEG passed bill re employee right to inspect records.


  • ILL LEG passed Bill HB 3763 re employee right to review certain personnel documents.
  • Amends provisions under the Personnel record review act;Illinois Compiled Statutes ILL LEG 820-40/2, ILL LEG 820-40/9, ILL LEG 820-40/10, and ILL LEG 820-40/12.
  • Personnel Record Review Act
  • Bill amends the Personnel record review act, gives the employee rights to inspect, copy, receive copies of his/her personnel files, employment contracts and handbooks.
  • Also, employer policies or procedures that involve qualifications for employment, promotion, transfer, compensation, benefits, discharge, or other disciplinary action.
  • An employer, upon employee's written request, will grant at least 2 requests in a calendar year to inspect, copy, receive copies of records to which he/she has a right.
  • If employer does not maintain records in one or more of the categories requested, the employer may respond in writing that it does not maintain records for the category.
  • If employee can access the records, employer will give instruction on how to access it.
  • An employer shall not gather or keep a record of an employee's associations, political activities, publications, or non employment activities unless given written consent.
  • Exceptions include reference letters, test documents, staff planning, investigations.
  • If employer is alleged to have violated the Act and DoL failed to resolve the complaint within 180 days of filing, employee may commence an action in the circuit court.
  • Legislative History
  • On Feb. 17, 2023, bill introduced in House; on Apr. 19, 2024, bill was passed in House.
  • On Apr. 24, 2024, bill introduced in Senate; on May 21, 2024, bill passed in Senate.
  • On Jun. 18, 2024, bill was delivered to the governor and is pending review.
  • Effectiveness
  • If approved, bill will become effective on Jun. 1, 2025.
  • Aug. 2024 ILL LEG Governor Approval
  • On Aug. 2, 2024, ILL LEG governor approved HB 3763, assigned Public Act 103-0727.

Regulators ILL LEG
Entity Types CNSM; Corp
Reference Public Act 103-0727, 8/2/2024; Bill HB3763, 6/18/2024; Citation: *ILL LEG* 820-40/2, 820-40/9, 820-40/10, 820-40/12;
Functions Complaints; Compliance; HR; Legal; Operations; Privacy; Reporting
Countries United States of America
Category
State
Products Corporate
Regions Am
Rule Type Final
Rule Date 6/18/2024
Effective Date 1/1/2025
Rule Id 216290
Linked to N/A
Reg. Last Update 8/2/2024
Report Section US Consumer

Last substantive update on 08/08/2024