Illinois Compiled Statutes
820 ILCS 40/7 (2026)
Disclosure of disciplinary actions
✓ current as of May 2026
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(820 ILCS 40/7)
(from Ch. 48, par. 2007)
Sec. 7. Disclosure of disciplinary actions. (1) An employer or former employer shall not divulge a disciplinary
report, letter of reprimand, or other disciplinary action to a third party,
to a party who is not a part of the employer's organization, or to a party
who is not a part of a labor organization representing the employee, without
written notice as provided in this Section.
(2) The written notice to the employee shall be by first-class mail to
the employee's last known address and shall be mailed on or before the
day the information is divulged.
(3) This Section shall not apply if:
(a) the employee has specifically waived written | notice as part of a written, signed employment application with another employer; |
(b) the disclosure is ordered to a party in a legal | action or arbitration; or |
(c) information is requested by a government agency | as a result of a claim or complaint by an employee, or as a result of a criminal investigation by such agency. |
(4) An employer who receives a request for records of a disciplinary
report, letter of reprimand, or other disciplinary action in relation to an employee under the Freedom of Information Act may provide notification to the employee in written form as described in subsection (2) or through electronic mail, if available. (5) An individual may file a complaint or commence an action alleging a violation of this Section, as provided in Section 12, within 3 years after the date of the disclosure of
the report, letter, or other disciplinary action. Nothing in
this subsection shall be construed to invalidate, diminish, or
otherwise interfere with any collective bargaining agreement
nor to invalidate, diminish, or otherwise interfere with any
party's power to collectively bargain such an agreement. (Source: P.A. 102-562, eff. 1-1-22.)
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2012–2023 · leading case: Watkins v. McCarthy, 2012 IL App (1st) 100632 (Ill. App. Ct. 2012).
Watkins v. McCarthy, 2012 IL App (1st) 100632 (Ill. App. Ct. 2012). “820 ILCS 40/7 (West 2008). Section 8 provides that an employer, before releasing information to a third party, must “except when the release is ordered to a party in a legal action or arbitration, delete disciplinary reports, letters of reprimand, or other records of…”
Ledonne v. Schuster (N.D. Ill. 2023). “820 ILCS 40/7, 820 ILCS 40/8. Accordingly, defendants allege that disclosure of the requested information is an unlawful invasion of privacy.”
Austin v. City of Chicago (N.D. Ill. 2018). “DSOF ¶ 14; see also 820 ILCS 40/7, 40/11. This rule is the reason Mulaney sent Plaintiff the July 11 letter.”
— 820 ILCS 40/7(3)(b) — 1 case
Ledonne v. Schuster (N.D. Ill. 2023). “820 ILCS 40/7, 820 ILCS 40/8. Accordingly, defendants allege that disclosure of the requested information is an unlawful invasion of privacy.”
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