ILCS » Chapter 820 · Act 40
Illinois Compiled Statutes

820 ILCS 40/12 (2026)

Administration and enforcement of the Act

✓ current as of May 2026
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(820 ILCS 40/12) (from Ch. 48, par. 2012)
    Sec. 12. Administration and enforcement of the Act.
    (a) The Director of Labor or his authorized representative shall administer and enforce the provisions of this Act. The Director of Labor may issue rules and regulations necessary to administer and enforce the provisions of this Act.
    (b) If an employee alleges that he or she has been denied his or her rights under this Act, he or she may file a complaint with the Department of Labor. The Department shall investigate the complaint and shall have authority to request the issuance of a search warrant or subpoena to inspect the files of the employer, if necessary. The Department shall attempt to resolve the complaint by conference, conciliation, or persuasion. If the complaint is not so resolved and the Department finds the employer has violated the Act, the Department may commence an action in the circuit court to enforce the provisions of this Act including an action to compel compliance. The circuit court for the county in which the complainant resides, in which the complainant is employed, or in which the personnel record is maintained shall have jurisdiction in such actions.
    (c) If an employer is alleged to have violated this Act and the Department has failed to resolve the complaint within 180 calendar days after the complaint is filed with the Department, or the Department certifies in writing that it is unlikely to be able to resolve the complaint within that 180 calendar days, an employee may commence an action in the circuit court to enforce the provisions of this Act, including actions to compel compliance. The circuit court for the county in which the complainant resides, in which the complainant is employed, or in which the personnel record is maintained shall have jurisdiction in such actions.
    (d) Failure to comply with an order of the court may be punished as contempt. In addition, the court shall award an employee prevailing in an action pursuant to this Act the following damages:
        (1) Actual damages plus costs.
        (2) For a willful and knowing violation of this Act,
    
$200 plus costs, reasonable attorney's fees, and actual damages.
    (e) Any employer or his agent who violates the provisions of this Act is guilty of a petty offense.
    (f) Any employer or his agent, or the officer or agent of any private employer, who discharges or in any other manner discriminates against any employee because that employee has made a complaint to his employer, or to the Director or his authorized representative, or because that employee has caused to be instituted or is about to cause to be instituted any proceeding under or related to this Act, or because that employee has testified or is about to testify in an investigation or proceeding under this Act, is guilty of a petty offense.
(Source: P.A. 103-727, eff. 1-1-25.)

    
Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2001–2023 · leading case: Yang v. City of Chicago, 745 N.E.2d 541 (Ill. 2001).
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Yang v. City of Chicago, 745 N.E.2d 541 (Ill. 2001). “(c) (West 1998); 735 ILCS 5/2 — 203(c) (West 1998); 740 ILCS 10/7(2) (West 1998); 740 ILCS 110/15 (West 1998); 745 ILCS 70/12 (West 1998); 775 ILCS 5/8B — 104 (West 1998); 815 ILCS 505/2W (West 1998); 815 ILCS 602/5 — 120 (West 1998); 815 ILCS 605/11 (West 1998); 815 ILCS 615/45…”
Brown v. DS Servs. of Am., Inc., 246 F. Supp. 3d 1206 (N.D. Ill. 2017). “820 ILCS 40/12(d). A plaintiff who gets to see her complete file, without a showing of actual damages, does not argue an IPRRA claim.”
Harrison v. Deere & Co., 2014 IL App (3d) 130497 (Ill. App. Ct. 2014). · cites it 5× “" 820 ILCS 40/12(c) (West 2008). ¶ 23 Immediately following this section is what Harrison refers to as the penalty that Deere should be made to suffer.”
Harrison v. Deere & Co., 2014 IL App (3d) 130497 (Ill. App. Ct. 2014). · cites it 4× “” 820 ILCS 40/12(c) (West 2008). ¶ 23 Immediately following this section is what Harrison refers to as the penalty that Deere should be made to suffer.”
Scanlon v. Ignite, Org., 2022 IL App (1st) 211441 (Ill. App. Ct. 2022). · cites it 2× “] Scanlon’s Personnel File Pursuant To 820 ILCS 40/12(C),” and count II, “Penalty For Violation of The [Illinois Personnel Record Review] Act Pursuant to 820 ILCS 40/12(C).” The complaint asked the trial court to order Ignite to produce a complete copy of Mr.”
Belcastro v. United Airlines, Inc. (N.D. Ill. 2018). “” 820 ILCS 40/12(c). Two of the three possible venues are defined by reference to the employee, rather than the employer.”
Copot v. Stewart Title Guar. Co. (N.D. Ill. 2021). “Count 9: In Count 9, a claim under the Illinois Personnel Records Review Act, 820 ILCS 40/12(c), Copot has adequately alleged that in response to a request for review of his personnel records, Stewart did not turn over documentation that it relied upon in terminating him.”
Blazek v. ADT, LLC (N.D. Ill. 2023). “820 ILCS 40/12 (b)–(c). As a preliminary matter, ADT argues that Blazek admitted in his deposition that he received a copy of his personnel file in the course of this litigation.”
Yang v. City of Chicago (Ill. 2001). “2(c) (West 1998); 735 ILCS 5/2–203(c) (West 1998); 740 ILCS 10/7(2) (West 1998); 740 ILCS 110/15 (West 1998); 745 ILCS 70/12 (West 1998); 775 ILCS 5/8B–104 (West 1998); 815 ILCS 505/2W (West 1998); 815 ILCS 602/5–120 (West 1998); 815 ILCS 605/11 (West 1998); 815 ILCS 615/45…”
— 820 ILCS 40/12(C) — 1 case
Scanlon v. Ignite, Org., 2022 IL App (1st) 211441 (Ill. App. Ct. 2022). “] Scanlon’s Personnel File Pursuant To 820 ILCS 40/12(C),” and count II, “Penalty For Violation of The [Illinois Personnel Record Review] Act Pursuant to 820 ILCS 40/12(C).” The complaint asked the trial court to order Ignite to produce a complete copy of Mr.”
— 820 ILCS 40/12(c) — 4 cases
Harrison v. Deere & Co., 2014 IL App (3d) 130497 (Ill. App. Ct. 2014). “" 820 ILCS 40/12(c) (West 2008). ¶ 23 Immediately following this section is what Harrison refers to as the penalty that Deere should be made to suffer.”
Harrison v. Deere & Co., 2014 IL App (3d) 130497 (Ill. App. Ct. 2014). “” 820 ILCS 40/12(c) (West 2008). ¶ 23 Immediately following this section is what Harrison refers to as the penalty that Deere should be made to suffer.”
Belcastro v. United Airlines, Inc. (N.D. Ill. 2018). “” 820 ILCS 40/12(c). Two of the three possible venues are defined by reference to the employee, rather than the employer.”
Copot v. Stewart Title Guar. Co. (N.D. Ill. 2021). “Count 9: In Count 9, a claim under the Illinois Personnel Records Review Act, 820 ILCS 40/12(c), Copot has adequately alleged that in response to a request for review of his personnel records, Stewart did not turn over documentation that it relied upon in terminating him.”
— 820 ILCS 40/12(d) — 6 cases
Yang v. City of Chicago, 745 N.E.2d 541 (Ill. 2001). “(c) (West 1998); 735 ILCS 5/2 — 203(c) (West 1998); 740 ILCS 10/7(2) (West 1998); 740 ILCS 110/15 (West 1998); 745 ILCS 70/12 (West 1998); 775 ILCS 5/8B — 104 (West 1998); 815 ILCS 505/2W (West 1998); 815 ILCS 602/5 — 120 (West 1998); 815 ILCS 605/11 (West 1998); 815 ILCS 615/45…”
Brown v. DS Servs. of Am., Inc., 246 F. Supp. 3d 1206 (N.D. Ill. 2017). “820 ILCS 40/12(d). A plaintiff who gets to see her complete file, without a showing of actual damages, does not argue an IPRRA claim.”
Harrison v. Deere & Co., 2014 IL App (3d) 130497 (Ill. App. Ct. 2014). “" 820 ILCS 40/12(c) (West 2008). ¶ 23 Immediately following this section is what Harrison refers to as the penalty that Deere should be made to suffer.”
Harrison v. Deere & Co., 2014 IL App (3d) 130497 (Ill. App. Ct. 2014). “” 820 ILCS 40/12(c) (West 2008). ¶ 23 Immediately following this section is what Harrison refers to as the penalty that Deere should be made to suffer.”
Scanlon v. Ignite, Org., 2022 IL App (1st) 211441 (Ill. App. Ct. 2022). “] Scanlon’s Personnel File Pursuant To 820 ILCS 40/12(C),” and count II, “Penalty For Violation of The [Illinois Personnel Record Review] Act Pursuant to 820 ILCS 40/12(C).” The complaint asked the trial court to order Ignite to produce a complete copy of Mr.”
— 820 ILCS 40/12(d)(2) — 2 cases
Harrison v. Deere & Co., 2014 IL App (3d) 130497 (Ill. App. Ct. 2014). “" 820 ILCS 40/12(c) (West 2008). ¶ 23 Immediately following this section is what Harrison refers to as the penalty that Deere should be made to suffer.”
Harrison v. Deere & Co., 2014 IL App (3d) 130497 (Ill. App. Ct. 2014). “” 820 ILCS 40/12(c) (West 2008). ¶ 23 Immediately following this section is what Harrison refers to as the penalty that Deere should be made to suffer.”
— 820 ILCS 40/12(e) — 2 cases
Harrison v. Deere & Co., 2014 IL App (3d) 130497 (Ill. App. Ct. 2014). “" 820 ILCS 40/12(c) (West 2008). ¶ 23 Immediately following this section is what Harrison refers to as the penalty that Deere should be made to suffer.”
Harrison v. Deere & Co., 2014 IL App (3d) 130497 (Ill. App. Ct. 2014). “” 820 ILCS 40/12(c) (West 2008). ¶ 23 Immediately following this section is what Harrison refers to as the penalty that Deere should be made to suffer.”
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