ILCS » Chapter 5 · Act 430
Illinois Compiled Statutes

5 ILCS 430/15-20 (2026)

Burden of proof

✓ current as of May 2026
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(5 ILCS 430/15-20)
    Sec. 15-20. Burden of proof. A violation of this Article may be established only upon a finding that (i) the State employee engaged in conduct described in Section 15-10 and (ii) that conduct was a contributing factor in the retaliatory action alleged by the State employee. It is not a violation, however, if it is demonstrated by clear and convincing evidence that the officer, member, other State employee, or State agency would have taken the same unfavorable personnel action in the absence of that conduct.
(Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)

    
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2016–2023 · leading case: Crowley v. Watson, 2016 IL App (1st) 142847 (Ill. App. Ct. 2016).
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Crowley v. Watson, 2016 IL App (1st) 142847 (Ill. App. Ct. 2016). · cites it 2× “" 5 ILCS 430/15-20 (West 2008). ¶ 32 Here, Crowley asserted he was discharged in retaliation for contacting the Attorney General's office and disclosing information he reasonably believed was a violation of the law, rules, or regulations and also for providing SURS with the FOIA…”
John Gnutek v. Illinois Gaming Bd., 80 F.4th 820 (7th Cir. 2023). “5 ILCS 430/15-20 (West 2014); Wynn v. Illinois Dept.”
Wynn v. The Illinois Dep't of Human Servs., 2017 IL App (1st) 160344 (Ill. App. Ct. 2017). · cites it 2× “5 ILCS 430/15-20 (West 2014). A defendant may refute the allegation of retaliation by demonstrating by clear and convincing evidence that the same unfavorable personnel action would have occurred in the absence of that conduct.”
Wynn v. Illinois Dep't of Human Servs., 2017 IL App (1st) 160344 (Ill. App. Ct. 2017). · cites it 2× “¶ 58 State employees, which include contract employees, may establish a violation only by showing (i) they engaged in conduct described in section 15-10 and (ii) that conduct was a “contributing factor” in the retaliatory action.”
Marion v. Governors State Univ., 2020 IL App (3d) 180423-U (Ill. App. Ct. 2020). · cites it 3× “5 ILCS 430/15-20 (West 2010). “It is not a violation, however, if it is demonstrated by clear and convincing evidence that the officer, member, other State employee, or State agency would have taken the same unfavorable personnel action in the absence of that conduct.”
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