Penalties

Penalties. (a) An employer or prospective employer that violates any of the provisions of this Act or any rule adopted under this Act shall be subject to a civil penalty of not less than $100 and not more than $1,000 for each violation of his Act found by the Department or determined by a court in a civil action brought by the Department or by an interested party, as defined in subsection (a) of Section 16, or determined by a court in a civil action brought by the Attorney General pursuant to its authority under Section 6.3 of the Attorney General Act. An employer or prospective employer that commits a second or subsequent violation of the same provisions or this Act or any rule adopted under this Act within a 3-year period shall be subject to a civil penalty of not less than $1,000 and not more than $5,000 for each violation of this Act found by the Department or determined by a court in a civil action brought by the Department or by an interested party, as defined in subsection (a) of Section 16, or determined by a court in a civil action brought by the Attorney General pursuant to its authority under Section 6.3 of the Attorney General Act. For purposes of this subsection, each violation of this Act or any rule adopted under this Act shall constitute a separate and distinct violation. (b) In determining the amount of a penalty, the Director or circuit court shall consider (i) the appropriateness of the penalty to the size of the business of the employer charged and (ii) the gravity of the violation. (c) The Department shall adopt rules for violation hearings and penalties for violations of this Act or the Department's rules in conjunction with the penalties set forth in this Act. Any administrative determination by the Department as to the amount of each penalty shall be final unless reviewed as provided in Section 19. (Source: P.A. 104-455, eff. 12-12-25.)