Illinois Whistleblower Act 2025 Amendment Protects Employees While Expanding Enforcement
The Illinois Whistleblower Act is a critical piece of legislation designed to protect employees who report unlawful or unethical practices in their workplace. Under Illinois Public Act 103-0867, amendments that took effect on January 1, 2025, have significantly strengthened the Act to enhance protections against retaliation.
These updates ensure greater accountability across the state. The changes aim to foster a culture of transparency and empower employees to speak out without fear of reprisal.
Key Amendments to the Illinois Whistleblower Act in 2025
The 2025 amendments to the Illinois Whistleblower Act introduce robust protections for employees who disclose information about wrongdoing. The updates emphasize safeguarding employees from retaliatory actions while expanding the scope of the Act.
Expanded Definition of Retaliation: The updated Act broadens the definition of “retaliatory action” to include any adverse employment actions or threats that would deter a reasonable worker from reporting misconduct. This includes:
Interference with Future Employment: Employers are prohibited from taking actions that would hinder a former employee’s ability to secure new employment.
Immigration-Related Threats: The Act explicitly bans employers from threatening to report an employee’s or their family member’s citizenship or immigration status to federal, state, or local authorities.
Non-Employment Retaliation: Any actions outside the workplace that aim to punish or dissuade whistleblowers are now covered under the Act.
These changes ensure that employees are fully protected, both during and after their employment, when they report violations of state or federal laws, rules, or regulations.
Strengthened Penalties for Employers: Employers who violate the Act face significant consequences, including:
A civil penalty of $10,000.
Back pay with interest, front pay, and liquidated damages of up to $10,000.
Compensation for litigation costs, expert witness fees, and reasonable attorney’s fees.
These penalties highlight the enhanced legal framework to hold employers accountable and prevent retaliation against whistleblowers.
Enhanced Enforcement Role of the Illinois Attorney General
The amendments grant the Illinois Attorney General new powers to enforce the Whistleblower Act, ensuring robust oversight and accountability.
Investigative Authority: The Attorney General can initiate or intervene in civil actions against employers suspected of violating the Act. Before filing a case, the Attorney General is authorized to:
Require individuals or entities to provide sworn statements or reports containing relevant information.
Subpoena witnesses and conduct hearings to gather evidence.
Compel compliance through court orders when necessary.
Civil Remedies: In addition to employee compensation, the Attorney General can seek monetary damages, restitution, and equitable relief, such as injunctions, to prevent further violations. Repeat offenders within a five-year period may face additional civil penalties, with each violation against each employee considered a separate offense. These measures reinforce the state’s commitment to protecting whistleblowers and addressing systemic issues.
Protections for Employees Under the Illinois Whistleblower Act
The Illinois Whistleblower Act amendments provide comprehensive protections for employees who disclose or refuse to participate in unlawful activities. These protections include:
Disclosure Protections: Employees are protected from retaliation for reporting violations of laws, rules, or regulations to a public body, law enforcement agency, or a supervisor within their organization. Protected disclosures, or threats to disclose, include those pertaining to:
Activities, policies, or practices the employee, in good faith, believes violate state or federal laws, rules, or regulations; and/or
Practices or policies the employee, in good faith, believes pose a substantial and specific danger to employees, public health, or safety.
Refusal to Participate in Unlawful Acts: Employees cannot be retaliated against for refusing to engage in activities that they, in good faith, believe would violate the law. This includes participation in actions that contravene the Freedom of Information Act or other legal obligations.
Preparing for Compliance with the 2025 Illinois Whistleblower Act Amendment
Employers must take proactive steps to comply with the strengthened Illinois Whistleblower Act. To begin, they should review existing policies to ensure alignment with the updated definitions of retaliatory actions and employee protections.
This process should include eliminating any rules that could be interpreted as discouraging whistleblowing. Additionally, training programs are essential to educate supervisors and HR personnel on the amendments, focusing on the expanded protections and penalties under the Act.
Maintaining detailed records of employee disclosures, responses, and any subsequent actions is also crucial to demonstrate compliance and defend against potential claims. Finally, employers are encouraged to engage legal or compliance experts for third-party audits. These independent reviews can help identify areas for improvement, address vulnerabilities, and ensure adherence to the updated requirements of the Act.
Advancing Workplace Transparency and Accountability
The 2025 amendments to the Illinois Whistleblower Act represent a significant step forward in fostering transparency, accountability, and fairness in the workplace. By expanding protections for employees, increasing penalties for violations, and empowering the Attorney General to enforce the Act, Illinois reinforces its commitment to safeguarding whistleblowers and promoting ethical practices.
If you have questions about the Illinois Whistleblower Act or need assistance ensuring compliance, contact the Chicago, Illinois, employment law attorneys at O’Malley & Madden, P.C.
