Illinois Compiled Statutes 820 ILCS 40/7 – Disclosure of disciplinary actions
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(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 employee, without written notice as provided in this Section.
(2) The written notice to the employee shall be by first-class mail to the employee’s last known address and shall be mailed on or before the day the information is divulged.
(3) This Section shall not apply if:
(a) the employee has specifically waived written
(2) The written notice to the employee shall be by first-class mail to the employee’s last known address and shall be mailed on or before the day the information is divulged.
Terms Used In Illinois Compiled Statutes 820 ILCS 40/7
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
(3) This Section shall not apply if:
(a) the employee has specifically waived written
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notice as part of a written, signed employment application with another employer;
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(b) the disclosure is ordered to a party in a legal
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action or arbitration; or
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(c) information is requested by a government agency
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as a result of a claim or complaint by an employee, or as a result of a criminal investigation by such agency.
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(4) An employer who receives a request for records of a disciplinary report, letter of reprimand, or other disciplinary action in relation to an employee under the Freedom of Information Act may provide notification to the employee in written form as described in subsection (2) or through electronic mail, if available.
(5) An individual may file a complaint or commence an action alleging a violation of this Section, as provided in Section 12, within 3 years after the date of the disclosure of the report, letter, or other disciplinary action. Nothing in this subsection shall be construed to invalidate, diminish, or otherwise interfere with any collective bargaining agreement nor to invalidate, diminish, or otherwise interfere with any party’s power to collectively bargain such an agreement.
(5) An individual may file a complaint or commence an action alleging a violation of this Section, as provided in Section 12, within 3 years after the date of the disclosure of the report, letter, or other disciplinary action. Nothing in this subsection shall be construed to invalidate, diminish, or otherwise interfere with any collective bargaining agreement nor to invalidate, diminish, or otherwise interfere with any party’s power to collectively bargain such an agreement.