ILCS » Chapter 745 · Act 5
Illinois Compiled Statutes

745 ILCS 5/1.5 (2026)

Exceptions; State employees

✓ current as of May 2026
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(745 ILCS 5/1.5)
    Sec. 1.5. Exceptions; State employees.
    (a) An employee, former employee, or prospective employee of the State who is aggrieved by any conduct or action or inaction of the State that would constitute a violation of the Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq., as amended, if committed by an employer covered by that Act may bring an action under the Age Discrimination in Employment Act of 1967 against the State in State circuit court or federal court.
    (b) An employee of the State who is aggrieved by any conduct or action or inaction of the State that would constitute a violation of the Fair Labor Standards Act of 1938, 29 U.S.C. 201 et seq., as amended, if committed by an employer covered by that Act may bring an action under the Fair Labor Standards Act of 1938 against the State in State circuit court or federal court.
    (c) An employee, former employee, or prospective employee of the State who is aggrieved by any conduct or action or inaction of the State that would constitute a violation of the Family and Medical Leave Act, 29 U.S.C. 2601 et seq., as amended, if committed by an employer covered by that Act may bring an action under the Family and Medical Leave Act against the State in State circuit court or federal court.
    (d) An employee, former employee, or prospective employee of the State who is aggrieved by any conduct or action or inaction of the State that would constitute a violation of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., as amended, if committed by an employer covered by that Act may bring an action under the Americans with Disabilities Act of 1990 against the State in State circuit court or federal court.
    (e) An employee, former employee, or prospective employee of the State who is aggrieved by any conduct or action or inaction of the State that would constitute a violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., as amended, if committed by an employer covered by that Act may bring an action under Title VII of the Civil Rights Act of 1964 against the State in State circuit court or federal court.
(Source: P.A. 93-414, eff. 1-1-04.)
Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 2004–2023 · leading case: Evoy v. Illinois State Police, 429 F. Supp. 2d 989 (N.D. Ill. 2006).
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Evoy v. Illinois State Police, 429 F. Supp. 2d 989 (N.D. Ill. 2006). · cites it 8× “' Though 745 ILCS 5/1.5, by its terms, permits an aggrieved employee to bring an action against the State for any action that would violate the ADEA or ADA, the ISP asserts that allowing Evoy to pursue claims for actions that arose before the statute’s effective date of January…”
Montgomery v. Bd. of Trs. of Purdue Univ., 849 N.E.2d 1120 (Ind. 2006). · cites it 2× “7, 2005) (Illinois consents to suits for damages under the federal ADEA where state law (745 ILCS 5/1.5(a)) provides "An employee .”
Doe v. Bd. of Trs. of the Univ. of Illinois, 429 F. Supp. 2d 930 (N.D. Ill. 2006). “Specifically, Doe cites 745 ILCS 5/1.5, a statute in which Illinois partially waived sovereign immunity with regard to suits *940 under several civil rights statutes, including the ADA.”
Blalock v. Illinois Dep't of Human Servs., 349 F. Supp. 2d 1093 (N.D. Ill. 2004). “4 745 ILCS 5/1.5(d) (2004). It appears clear however, that this statutory amendment is not retroactive.”
Parmar v. Madigan, 2017 IL App (2d) 160286 (Ill. App. Ct. 2017). “(West 2014)), and the State Officials and Employees Ethics Act (5 ILCS 430/1-1 et seq. (West 2014))—“the State of Illinois shall not be made a defendant or party in any court.”
Leskovisek v. Ill. Dep't of Transp., 305 F. Supp. 3d 925 (C.D. Ill. 2018). “See 745 ILCS 5/1.5(d) ; Painter v. Ill. Dep't of Transp.”
Parmar v. Madigan, 2017 IL App (2d) 160286 (Ill. App. Ct. 2017). “(West 2014)), and the State Officials and Employees Ethics Act (5 ILCS 430/1-1 et seq. (West 2014))—“the State of Illinois shall not be made a defendant or party in any court.”
Cebertowicz v. Baldwin, 2017 IL App (4th) 160535 (Ill. App. Ct. 2017). “5 of this Act [(745 ILCS 5/1.5 ( West 2014 ))].” 745 ILCS 5/1 ( West 2014 ).”
Harris v. Martinez (N.D. Ill. 2023). · cites it 3× “5(d) of the Act provides that: An employee, former employee, or prospective employee of the State who is aggrieved by any conduct or action or inaction of the State that would constitute a violation of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., as…”
Williams v. Illinois Dep't of Human Servs. (N.D. Ill. 2022). “Illinois has waived its sovereign immunity for ADA claims, see 745 ILCS 5/1.5(d), but not for § 1983 claims.”
745 ILCS 5/1.5(a): 2 cases
Montgomery v. Bd. of Trs. of Purdue Univ., 849 N.E.2d 1120 (Ind. 2006). “7, 2005) (Illinois consents to suits for damages under the federal ADEA where state law (745 ILCS 5/1.5(a)) provides "An employee .”
Evoy v. Illinois State Police, 429 F. Supp. 2d 989 (N.D. Ill. 2006). “' Though 745 ILCS 5/1.5, by its terms, permits an aggrieved employee to bring an action against the State for any action that would violate the ADEA or ADA, the ISP asserts that allowing Evoy to pursue claims for actions that arose before the statute’s effective date of January…”
745 ILCS 5/1.5(d): 4 cases
Blalock v. Illinois Dep't of Human Servs., 349 F. Supp. 2d 1093 (N.D. Ill. 2004). “4 745 ILCS 5/1.5(d) (2004). It appears clear however, that this statutory amendment is not retroactive.”
Leskovisek v. Ill. Dep't of Transp., 305 F. Supp. 3d 925 (C.D. Ill. 2018). “See 745 ILCS 5/1.5(d) ; Painter v. Ill. Dep't of Transp.”
Harris v. Martinez (N.D. Ill. 2023). “5(d) of the Act provides that: An employee, former employee, or prospective employee of the State who is aggrieved by any conduct or action or inaction of the State that would constitute a violation of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., as…”
Williams v. Illinois Dep't of Human Servs. (N.D. Ill. 2022). “Illinois has waived its sovereign immunity for ADA claims, see 745 ILCS 5/1.5(d), but not for § 1983 claims.”
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