(Text of Section before amendment by P.A. 103-594 ) Sec. 7.2. Employer discrimination.
(a)For purposes of this Section: "Employer" means a licensee or holder of a permit subject to this Act. "Employee" means an employee of such an employer.
(b)No employer shall discharge, demote, or suspend, or threaten to discharge, demote, or suspend, or in any manner discriminate against any employee who:
(1)Makes any good faith oral or written complaint of any employer's violation of any licensing or other laws (including, but not limited to, laws concerning child abuse or the transportation of children) which may result in closure of the facility pursuant to Section 11.2 of this Act to the Department or other agency having statutory responsibility for the enforcement of such laws or to the employer
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(Text of Section before amendment by P.A. 103-594 ) Sec. 7.2. Employer discrimination. (a) For purposes of this Section: "Employer" means a licensee or holder of a permit subject to this Act. "Employee" means an employee of such an employer. (b) No employer shall discharge, demote, or suspend, or threaten to discharge, demote, or suspend, or in any manner discriminate against any employee who: (1) Makes any good faith oral or written complaint of any employer's violation of any licensing or other laws (including, but not limited to, laws concerning child abuse or the transportation of children) which may result in closure of the facility pursuant to Section 11.2 of this Act to the Department or other agency having statutory responsibility for the enforcement of such laws or to the employer or representative of the employer; (2) Institutes or causes to be instituted against any employer any proceeding concerning the violation of any licensing or other laws, including a proceeding to revoke or to refuse to renew a license under Section 9 of this Act; (3) Is or will be a witness or testify in any proceeding concerning the violation of any licensing or other laws, including a proceeding to revoke or to refuse to renew a license under Section 9 of this Act; or (4) Refuses to perform work in violation of a licensing or other law or regulation after notifying the employer of the violation. (c)(1) A claim by an employee alleging an employer's violation of subsection (b) of this Section shall be presented to the employer within 30 days after the date of the action complained of and shall be filed with the Department of Labor within 60 days after the date of the action complained of. (2) Upon receipt of the complaint, the Department of Labor shall conduct whatever investigation it deems appropriate, and may hold a hearing. After investigation or hearing, the Department of Labor shall determine whether the employer has violated subsection (b) of this Section and it shall notify the employer and the employee of its determination. (3) If the Department of Labor determines that the employer has violated subsection (b) of this Section, and the employer refuses to take remedial action to comply with the determination, the Department of Labor shall so notify the Attorney General, who shall bring an action against the employer in the circuit court seeking enforcement of its determination. The court may order any appropriate relief, including rehiring and reinstatement of the employee to the person's former position with backpay and other benefits. (d) Except for any grievance procedure, arbitration, or hearing which is available to the employee pursuant to a collective bargaining agreement, this Section shall be the exclusive remedy for an employee complaining of any action described in subsection (b). (e) Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined eligible for rehiring or promotion as a result of any grievance procedure, arbitration, or hearing authorized by law shall be guilty of a Class A misdemeanor. (Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) (Text of Section after amendment by P.A. 103-594 ) Sec. 7.2. Employer discrimination. (a) For purposes of this Section: "Employer" means a licensee or holder of a permit subject to this Act. "Employee" means an employee of such an employer. (b) No employer shall discharge, demote, or suspend, or threaten to discharge, demote, or suspend, or in any manner discriminate against any employee who: (1) Makes any good faith oral or written complaint of any employer's violation of any licensing or other laws (including, but not limited to, laws concerning child abuse or the transportation of children) which may result in closure of the facility pursuant to Section 11.2 or 11.3 of this Act to the Department of Children and Family Services or the Department of Early Childhood or other agency having statutory responsibility for the enforcement of such laws or to the employer or representative of the employer; (2) Institutes or causes to be instituted against any employer any proceeding concerning the violation of any licensing or other laws, including a proceeding to revoke or to refuse to renew a license under Section 9 or 9.01 of this Act; (3) Is or will be a witness or testify in any proceeding concerning the violation of any licensing or other laws, including a proceeding to revoke or to refuse to renew a license under Section 9 or 9.01 of this Act; or (4) Refuses to perform work in violation of a licensing or other law or regulation after notifying the employer of the violation. (c)(1) A claim by an employee alleging an employer's violation of subsection (b) of this Section shall be presented to the employer within 30 days after the date of the action complained of and shall be filed with the Department of Labor within 60 days after the date of the action complained of. (2) Upon receipt of the complaint, the Department of Labor shall conduct whatever investigation it deems appropriate, and may hold a hearing. After investigation or hearing, the Department of Labor shall determine whether the employer has violated subsection (b) of this Section and it shall notify the employer and the employee of its determination. (3) If the Department of Labor determines that the employer has violated subsection (b) of this Section, and the employer refuses to take remedial action to comply with the determination, the Department of Labor shall so notify the Attorney General, who shall bring an action against the employer in the circuit court seeking enforcement of its determination. The court may order any appropriate relief, including rehiring and reinstatement of the employee to the person's former position with backpay and other benefits. (d) Except for any grievance procedure, arbitration, or hearing which is available to the employee pursuant to a collective bargaining agreement, this Section shall be the exclusive remedy for an employee complaining of any action described in subsection (b). (e) Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined eligible for rehiring or promotion as a result of any grievance procedure, arbitration, or hearing authorized by law shall be guilty of a Class A misdemeanor.