HB 5561

Abstract

Amends the Whistleblower Act. Changes the definitions of "employer" and "employee". Defines "adverse employment action", "public body", "retaliatory action", and "supervisor". Provides that an employer may not take retaliatory action against an employee who discloses or threatens to disclose information about an activity, policy, or practice of the employer that the employee has a good faith belief that such activity, policy, or practice violates a State or federal law, rule, or regulation or poses a substantial and specific danger to public health or safety. Includes additional relief, damages, and penalties for violation of the Act. Allows the Attorney General to initiate or intervene in a civil action to obtain appropriate relief if the Attorney General has reasonable cause to believe that any person or entity is engaged in a practice prohibited by the Act. Provides that the changes made by the amendatory Act apply to claims arising or complaints filed on or after January 1, 2025. Effective January 1, 2025. House Floor Amendment No. 1 Adds reference to: 740 ILCS 174/32 new Replaces everything after the enacting clause with the provisions of the bill as introduced with these changes. Changes the definition of "adverse employment action", "employer", and what is excluded from the definition of "retaliatory action". Changes the damages and penalties for an employee. Provides that the employee may be awarded interest on back pay of 9% per annum for up to 90 calendar days from the date the complaint is filed, liquidated damages of up to $10,000, and a civil penalty of $10,000. Makes it a defense for any action brought under the Act if the retaliatory action was predicated solely upon grounds other then the employee's exercise of any rights protected under this Act. Authorizes additional remedies that the Attorney General may pursue for violations of the Act. House Floor Amendment No. 2 Makes technical and grammatical changes.