Whistleblower Protection Act

A state employee is protected by 5 ILCS 430/Article 15, entitled Whistle Blower Protection, from retaliation from a state employer, if: 1) they disclose or threaten to disclose an activity that they believe to be in violation of a law, rule, or regulation, 2) they testify before any public body investigating a potential violation of a law, rule, or regulation by any State employee or 3) they assist in a proceeding to enforce this provision.

The state employee requesting protection must establish that they were engaging in one of the three behaviors described above and that their conduct was a contributing factor in why they were dismissed. If the employer can demonstrate that they would have taken the same action regardless of the employee’s actions, there is no violation of this Act.

If the employee can substantiate their claim, then they are entitled to all remedies necessary to make the State employee whole and to prevent future violations of this Article. Potential remedies may include reinstatement, two times the amount of back pay, interest on the back pay, reinstatement of full fringe benefits and seniority rights, as well as the payment of reasonable costs and attorneys’ fees.

The Act also requires all officers, members, and State agencies to conspicuously display notices of the protections guaranteed under this Act.