Personnel Records Review Act: 2025 Changes for Illinois Workers

Personnel Records Review Act protections have expanded for Illinois workers beginning January 1, 2025. Under Public Act 103-0727, employees now have greater rights to access, review, and correct their employment records. The Act serves as a critical framework ensuring transparency between employers and employees regarding the documents used to make employment decisions, such as hiring, promotion, discipline, or termination decisions.

The 2025 amendments introduce several significant changes, including expanded access rights, new employer notification requirements, and extended record retention periods. These updates reflect a broader movement toward protecting workers' rights to know and influence the information maintained about them in the workplace. Understanding the Personnel Records Review Act and the new requirements is essential for current and former Illinois employees.

Understanding the Personnel Records Review Act and Its Importance

The Personnel Records Review Act (820 ILCS 40) grants employees the right to inspect, copy, and receive copies of personnel documents maintained by their employers. Covered records typically include documents related to an employee’s qualifications, performance evaluations, promotions, transfers, compensation, disciplinary actions, and employment-related agreements.

The Act applies to employers with five or more employees, excluding immediate family members. Workers may submit written requests—by letter, email, or text message—to review these records. Employers must allow at least two inspection or copy requests per employee each calendar year.

Certain categories of documents are excluded from employee access, such as letters of reference, staff planning documents, trade secrets, investigatory materials related to criminal conduct, and personal information about other individuals. Nevertheless, the Act creates a structured process that ensures employees have meaningful access to employment records impacting their work status and career opportunities. The Illinois Department of Labor oversees enforcement, offering complaint procedures when employers do not comply.

The Personnel Records Review Act provides workers with tools to verify the accuracy of their records, correct misinformation, and ensure transparency when making employment decisions.

What the Personnel Records Review Act Covers for Employees

The Personnel Records Review Act's scope extends to various employment documents. Employees may request to inspect and obtain copies of:

• Personnel records used in determining qualifications for employment, promotion, transfer, compensation, or discharge

• Employment-related contracts or agreements signed by the employee

• Employee handbooks distributed to the worker

• Written policies or procedures that apply to the employee concerning employment decisions

The Act clarifies that employees must submit a written request identifying the specific records or categories they seek to access. The employer must comply within seven working days or provide written notice explaining the need for an additional seven calendar days.

If an employer maintains no records in a requested category, the employer must inform the employee in writing. If documents are maintained electronically and are accessible to employees, the employer may instead direct employees on how to retrieve the records.

Employers may charge a reasonable fee to cover the cost of copying, but cannot charge for time, equipment use, or other ancillary costs. Requests made through representatives, such as union officials, attorneys, or translators, are also protected under the Act, provided proper authorization is given.

Major 2025 Updates to the Personnel Records Review Act

Amendments effective January 1, 2025, significantly expand worker rights under the Personnel Records Review Act. Key changes include:

• Increased Access: Employees can now submit up to four written requests per year to inspect or receive copies of their records, doubling the previous allowance of two

• Expanded Definition of Written Requests: Written requests now include electronic communications such as emails or text messages

• Mandatory Notification of Disciplinary Entries: Employers must notify employees in writing within 14 days of adding any disciplinary action or performance evaluation to their personnel files

• Record Retention Extension: Employers must retain personnel records for at least five years following an employee’s separation, an increase from the previous three-year requirement

• Compliance Enforcement: Employees may file a complaint with the Illinois Department of Labor if an employer refuses a lawful request. Civil actions may be pursued if complaints are not resolved within 180 days

• Penalties for Noncompliance: Courts may award actual damages, costs, attorney’s fees, and an additional $200 for willful violations. Employers are also subject to petty offense charges for noncompliance

These updates strengthen employee protections and clarify employer responsibilities regarding personnel record management in Illinois.

How Illinois Workers Benefit from the New Personnel Records Rules

The 2025 Personnel Records Review Act updates offer practical advantages for Illinois workers. Employees now have more opportunities to review records impacting their employment each year, providing an essential safeguard against misinformation, administrative errors, or outdated documentation.

When disciplinary or performance records are added, timely notification gives employees a chance to address issues early, correct inaccuracies, and prepare for potential challenges. Workers disputing information in their personnel files retain the right to submit written statements to be permanently attached to the records in question.

Expanding accessible document categories ensures employees can review handbooks, employment agreements, and written policies that influence workplace decisions. If an employer fails to meet its obligations, employees have a clear complaint pathway through the Illinois Department of Labor and can ultimately seek relief through the courts.

By familiarizing themselves with these new rights, employees can better protect their professional reputation, assert their legal protections, and ensure they are treated fairly throughout their employment journey.

Protecting Your Rights Under the Updated Personnel Records Review Act

The Personnel Records Review Act provides a crucial tool for Illinois workers seeking transparency and fairness in employment decisions. The 2025 amendments reinforce these protections, ensuring that employees have increased access to their personnel records, timely notification of disciplinary actions, and more potent remedies if their rights are violated.

By expanding access rights and formalizing employer obligations, Illinois has taken additional steps toward promoting workplace transparency and employee empowerment. Workers who understand their rights under the Act are better positioned to advocate for themselves, address discrepancies proactively, and maintain control over the employment information that shapes their careers.

As workplace laws evolve, employees are encouraged to exercise their rights under the updated Personnel Records Review Act, request timely inspections of their records, and seek appropriate remedies when needed. These protections help create a more transparent and equitable employment environment across Illinois. To learn more about recent Illinois laws, contact the civil rights and employment law firm of O’Malley & Madden, P.C.