740 ILCS 174/5

Current through Public Act 103-1052

Section 740 ILCS 174/5 - [Effective 1/1/2025] Definitions

As used in this Act:

"Adverse employment action" means an action that a reasonable employee would find materially adverse. An action is materially adverse when it could dissuade a reasonable worker from disclosing or threatening to disclose information protected by Section 15 or from refusing under Section 20.

"Employer" means: an individual, sole proprietorship, partnership, firm, corporation, association, and any other entity that has one or more employees in this State, including a political subdivision of the State; a unit of local government; a school district, combination of school districts, or governing body of a joint agreement of any type formed by two or more school districts; a community college district, State college or university, or any State agency whose major function is providing educational services; any authority including a department, division, bureau, board, commission, or other agency of these entities; and any person acting within the scope of his or her authority, express or implied, on behalf of those entities in dealing with its employees .

"Employee" means any individual permitted to work by an employer unless:

(1) the individual has been and will continue to be free from control and direction over the performance of his or her work, both under his or her contract of service with his or her employer and in fact;

(2) the individual performs work which is either outside the usual course of business or is performed outside all of the places of business of the employer unless the employer is in the business of contracting with parties for the placement of employees; and

(3) the individual is in an independently established trade, occupation, profession, or business.

"Employee" also includes, but is not limited to, a licensed physician who practices his or her profession, in whole or in part, at a hospital, nursing home, clinic, or any medical facility that is a health care facility funded, in whole or in part, by the State.

"Public body" means any of the following: the State; any officer, board, political subdivision, or commission of the State; any institution supported in whole or in part by public funds; units of local government; and school districts.

"Retaliatory action" means an adverse employment action or the threat of an adverse employment action by an employer or his or her agent to penalize or any non-employment action that would dissuade a reasonable worker from disclosing information under this Act. "Retaliatory action" includes, but is not limited to:

(1) taking, or threatening to take, any action that would intentionally interfere with an employee's ability to obtain future employment or post-termination retaliation to intentionally interfere with a former employee's employment;

(2) taking, or threatening to take, any action prohibited by subsection (G) of Section 2-102 of the Illinois Human Rights Act; or

(3) contacting, or threatening to contact, United States immigration authorities, or otherwise reporting, or threatening to report, an employee's suspected or actual citizenship or immigration status or the suspected or actual citizenship or immigration status of an employee's family or household member to a federal, State, or local agency.

"Retaliatory action" does not include:

(1) conduct undertaken at the express and specific direction or request of the federal government;

(2) truthful, performance-related information about an employee or former employee provided in good faith to a prospective employer at the request of the prospective employer; or

(3) conduct undertaken if specifically required by State or federal law. "Employee" also includes, but is not limited to, a licensed physician who practices his or her profession, in whole or in part, at a hospital, nursing home, clinic, or any medical facility that is a health care facility funded, in whole or in part, by the State.

"Supervisor" means any individual who has the authority to direct and control the work performance of the affected employee; or any individual who has managerial authority to take corrective action regarding a violation of the law, rule, or regulation disclosed by an employee in accordance with Section 15.

740 ILCS 174/5

Amended by P.A. 103-0867,§ 5, eff. 1/1/2025, and applicable to claims arising or complaints filed on or after 1/1/2025.

Amended by P.A. 096-1253,§ 5, eff. 1/1/2011.

Amended by P.A. 095-0128,§ 5, eff. 1/1/2008.

Added by P.A. 093-0544, § 5, eff. 1/1/2004.

This section is set out more than once due to postponed, multiple, or conflicting amendments.