Illinois Compiled Statutes 820 ILCS 40 — Personnel Record Review Act.

Short title

Short title. This Act may be cited as the Personnel Record Review Act. (Source: P.A. 86-1324.)

Definitions

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, partn…

Open records

Open records. (a) Upon request in writing to their employer, every employee has a right under this Act to inspect, copy, and receive copies of the following documents: (1) any personnel documents which are, have been or are intended to be used in determining that employee's qualifications for employment, promotion, tra…

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

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 i…

Personnel Record Inspection by Representative

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 resolu…

Personnel Record Correction

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'…

Disclosure of disciplinary actions

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 employ…

An employer shall review a personnel record before releasing information to a third party and, except when the release is required under Section 8

An employer shall review a personnel record before releasing information to a third party and, except when the release is required under Section 8.5 or 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 ye…

Release of law enforcement personnel files

Release of law enforcement personnel files. (a) A law enforcement agency shall release a complete law enforcement personnel file upon receipt of a written request from a law enforcement agency for the purpose of making an employment determination by the law enforcement agency or a hiring board, such as the Illinois Sta…

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 the employer express, written consent when the employer keeps or gathers the information. This proh…

Exceptions

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…

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.)

Administration and enforcement of the Act

Administration and enforcement of the Act. (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 h…

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.…