New Amendment to the Personnel Record Review Act Strengthens Employee Rights in Illinois

Springfield, IL – [Tues, August 13, 2024] – Governor Pritzker signed a significant amendment to the Illinois Personnel Record Review Act, HB 3763, into law earlier this month, enhancing the rights of employees to access and inspect their personnel records.

This Bill introduces several critical provisions designed to ensure transparency in the workplace while facilitating the evaluation and resolution of legal claims between employees and their employers more efficiently.

The Act already provided employees the right to inspect their personnel records “which are, have been or are intended to be used in determining that employee’s qualifications for employment, promotion, transfer, additional compensation, benefits, discharge, or other disciplinary action,” with some exceptions. The revisions clarify that employee—or their representatives— also have a right to inspect, copy, or receive “employment-related contacts or agreements that the employer maintains are legally binding on the employee,” relevant employee handbooks, and other “written employer policies or procedures that the employer contends the employee was subject.”

Nicholas Kreitman testified in the House Labor and Commerce Committee in favor of the bill on behalf of the National Employment Lawyers Association of Illinois. As he noted, “The IPRRA is one of the most important tools available to facilitate early resolution of employee disputes for practitioners representing both employees and employers, prior to incurring the expense of litigation. As an employment law practitioner, many of my clients approach me with a timeline of events of what occurred at their workplace committed to memory…. When IPRRA works, it allows an attorney to make an objective evaluation of their client’s claims” based on documents only in the employer’s possession.

While most employers, in Kreitman’s experience, comply, some employers refuse to follow the Act or simply ignore the request for the records. The new law, thus, makes important changes to the administration and enforcement of the Act. Under the prior regime, employees whose employers refused to provide them with a copy of their records relied on the Illinois Department of Labor to investigate violations and enforce the Act, which could be a lengthy process. All the while, the statute of limitations on any potential employment claims continued to run potentially leading to either hasty filings or missed deadlines. Under the new version, an employee may request the equivalent of a “right to sue letter” from the IDOL if the Department had not been able to resolve the complaint within 180 days, permitting the employee to file an enforcement action in court where they can recover actual damages, costs, and—for willful and knowing violations—a $200 penalty plus attorneys fees.

Rep. Will Guzzardi and Senator Ram Villivalam served as the chief co-sponsors in their respective chambers. Championed by David Lee of Law Office of David Lee and Nick Kreitman of Kreitman Law, with the aid of NELA-IL Legislative Chairperson Gail Eisenberg of Loftus & Eisenberg, Ltd, President Max Barack of Garfinkel Group, and Rima Kapitan of Kapitan Gomaa Law, P.C.

Eisenberg thanks Representative Guzzardi and Senator Villivalam for serving as the chief co-sponsors of this legislation in their respective chambers and understanding the importance of these revisions in encouraging prompt resolution of employment disputes without the high costs of litigation. “This legislation reflects our state’s commitment to protecting the rights of Illinois workers and ensuring that they have the necessary tools to safeguard their employment interests. By clarifying and strengthening the Personnel Record Review Act, the legislature is taking meaningful steps to promote transparency in the workplace while preserving judicial resources.”

In addition to NELA-IL, the bill was supported by Women Employed, Chicago House and Social Service Agency, the Sentencing Advocacy Group of Evanston, AFSCME Council 31, and various employment law firms. While the Illinois Chamber of Commerce initially opposed the legislation, they moved to neutral, along with the Illinois Department of Labor, after engaging in negotiations.

NELA-Illinois is the Illinois affiliate of the National Employment Lawyers Association (NELA). Founded in 1985, NELA is the country’s first and only bar association that is exclusively comprised of lawyers who solely or primarily represent individuals in employment-related matters. NELA promotes the workplace rights of individual employees through public policy, legislation, and other activities. With more than 3,500 members, NELA is the nation’s leading advocate for employee rights. NELA members are the lawyers who bring actions to ensure equal employment opportunity for all, and to vindicate the rights of individuals to fairness and justice in the workplace.

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Contact: Loftus & Eisenberg, LTD
Email: info@loftusandeisenberg.com

This press release highlights the collaborative effort and the positive impact of the new legislation on Illinois employees.