New Illinois law aimed at protecting workers from retaliation

Springfield, IL — Workers in Illinois now have protections against retaliatory conduct by employers.

H.B. 5561, signed Aug. 9 by Gov. J.B. Pritzker (D) and set to go into effect Jan. 1, strengthens current protections under the Illinois Whistleblower Act. It also codifies the authority of the Workplace Rights Bureau to investigate and hold accountable employers who retaliate or threaten to retaliate against employees.

Specifically, the law:

• Broadens the scope of conduct protected under the act to protect workers who report violations of the law or threats to public health and safety directly to their employer.
• Expands the definition of retaliation to include blacklisting an employee from future opportunities and immigration-based retaliation.
• Provides express statutory authority to the attorney general’s office to sue employers who retaliate or threaten retaliation against employees.

Workers can now be awarded interest on back pay of 9% for each year up to 90 calendar days from the date a complaint is filed, along with liquidated damages and a civil penalty up to $10,000 each.

“Employees should be empowered to stand up and speak out about fraud, abuse, criminality and exploitation in the workplace – not intimidated into silence,” said Sen. Cristina Castro (D-Elgin), the bill’s sponsor. “Expanding protections from retaliation is one more important step in safeguarding the rights of all workers in our state.”

Rep. Marcus C. Evans Jr. (D-Chicago) also sponsored the legislation.