Illinois employees who speak up about unlawful workplace conduct now have stronger legal protections under recent amendments to the Illinois Whistleblower Act. These changes expand the types of disclosures that are protected and broaden what qualifies as unlawful retaliation– making it easier for employees to assert their rights when they are punished for doing the right thing.

Expanded Protection for Speaking Up

Under the amended law, employers may not retaliate against an employee who discloses– or threatens to disclose– information about the employer’s conduct when the employee has a good faith belief that the employer has violated the law or created a substantial and specific danger to employees, public health, or safety.

Importantly, the amendments protect disclosures made in a variety of settings, including:

• During an investigation, court case, or administrative proceeding, such as a government inquiry or lawsuit;
• To a government agency or law enforcement, when an employee reasonably believes the employer has engaged in illegal conduct or poses a serious safety risk; and
• Internally, including disclosures made to a supervisor, company officer, board member, or even to a supervisor at another organization that has a contractual relationship with the employer.

These changes recognize that employees should be protected whether they report concerns internally or externally– and whether the disclosure is formal or informal.

Protection for Refusing to Break the Law

The amendments also strengthen protections for employees who refuse to participate in unlawful activity. An employer may not retaliate against an employee who refuses to engage in conduct that the employee reasonably and in good faith believes would violate the law or regulations.

Broader Definition of Illegal Retaliation

The amended Act clarifies that retaliation is not limited to termination or demotion. Retaliatory action includes any adverse action that would discourage a reasonable employee from making a protected disclosure or refusal.

The law specifically includes:

• Actions that interfere with an employee’s future employment opportunities; and
• Immigration-related retaliation, including threatening to report or actually reporting an employee to immigration authorities, which is expressly prohibited.

This expanded definition helps protect employees from subtle or coercive forms of retaliation that are often used to silence whistleblowers.

Know Your Rights

If you were disciplined, terminated, or threatened after reporting illegal conduct or refusing to participate in it, you may have a claim under the Illinois Whistleblower Act.

Caffarelli & Martin Ltd. represents employees who have experienced retaliation for whistleblowing. If you believe your rights were violated, we can help you understand your options.

By Whitney L. Barr, Caffarelli & Martin Ltd.