Employment Record Disclosure Act (745 ILCS 46/)

Chapter 745 — Civil Immunities

This text is maintained by the Legislative Reference Bureau for legislative drafting purposes and is NOT the official text of the Illinois Compiled Statutes; the only official copy is the printed copy maintained by the Secretary of State.

Sec. 1. Short title

This Act may be cited as the Employment Record Disclosure Act.

(Source: P.A. 89-470, eff. 6-13-96.)

Sec. 5. Public purpose declaration

The Legislature finds that it is in the public interest to protect from civil actions an employer that provides truthful, performance-related information about an employee or former employee to an employment reference inquiry.

(Source: P.A. 89-470, eff. 6-13-96.)

Sec. 10. No liability for providing truthful information

Any employer or authorized employee or agent acting on behalf of an employer who, upon inquiry by a prospective employer, provides truthful written or verbal information, or information that it believes in good faith is truthful, about a current or former employee's job performance is presumed to be acting in good faith and is immune from civil liability for the disclosure and the consequences of the disclosure.

The presumption of good faith established in this Section may be rebutted by a preponderance of evidence that the information disclosed was knowingly false or in violation of a civil right of the employee or former employee.

(Source: P.A. 89-470, eff. 6-13-96.)

Sec. 20. Compliance with Personnel Record Review Act

This Act shall not be construed to exempt any employer or former employer from compliance with the Personnel Record Review Act, or to prevent any employee or former employee from seeking any remedy available under that Act.

(Source: P.A. 89-470, eff. 6-13-96.)

Sec. 90.

(Amendatory provisions; text omitted).

(Source: P.A. 89-470, eff. 6-13-96; text omitted.)

Sec. 99. Effective date

This Act takes effect upon becoming law.

(Source: P.A. 89-470, eff. 6-13-96.)