5 ILCS 285/ Employee Rights Violation Act.

ILLINOIS STATUTES AND CODES

5 ILCS 285/ Employee Rights Violation Act.

(5 ILCS 285/1) (from Ch. 127, par. 63b100‑1)
Sec. 1. This Act shall be known and may be cited as the Employee Rights Violation Act.
(Source: P.A. 85‑1436.)

    (5 ILCS 285/2) (from Ch. 127, par. 63b100‑2)
    Sec. 2. For the purposes of this Act, the terms used herein shall have the meanings ascribed to them in this Section:

(a) "Policy making officer" means: (i) an employee of a State agency who is engaged predominantly in executive and management functions and is charged with the responsibility of directing the effectuation of such management policies and practices; or (ii) an employee of a State agency whose principal work is substantially different from that of his subordinates and who has authority in the interest of the State agency to hire, transfer, suspend, lay off, recall, promote, discharge, direct, reward, or discipline employees, or to adjust their grievances, or to effectively recommend such action, if the exercise of such authority is not of a merely routine or clerical nature, but requires the consistent use of independent judgment; or (iii) a Director, Assistant Director or Deputy Director of a State agency;

(b) "State agency" means the Departments of the Executive Branch of State government listed in Section 5‑15 of the Departments of State Government Law (20 ILCS 5/5‑15);

(c) "Director" includes the Secretary of Transportation.
(Source: P.A. 91‑239, eff. 1‑1‑00.)

(5 ILCS 285/3) (from Ch. 127, par. 63b100‑3)
Sec. 3.

Any policy making officer of a State agency who is adjudicated by a court of competent jurisdiction to have violated the rights of an employee of such State agency guaranteed under the First and Fourteenth Amendments to the United States Constitution, where an award of punitive damages has been made against such policy making officer or where there is a finding of willful or wanton conduct by the policy making officer, shall be immediately discharged from State employment upon entry of the judgment of the court.

(Source: P.A. 85‑1436.)