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Illinois Compiled Statutes

820 ILCS 55/15 (2026)

Administration and enforcement by the Department and Attorney General

✓ current as of May 2026
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(820 ILCS 55/15) (from Ch. 48, par. 2865)
    Sec. 15. Administration and enforcement by the Department and Attorney General.
    (a) It shall be the duty of the Department to enforce the provisions of this Act when, in the Department's judgment, there is cause and sufficient resources for investigation. The Department shall have the power to conduct investigations in connection with the administration and enforcement of this Act, and any investigator with the Department shall be authorized to visit and inspect, at all reasonable times, any places covered by this Act and shall be authorized to inspect, at all reasonable times, records of the employer or prospective employer related to its employees or prospective employees and related to its activities under and in compliance with this Act. The Department shall have the authority to request the issuance of a search warrant or subpoena to inspect the files of the employer or prospective employer, if necessary. The Department shall conduct hearings in accordance with the Illinois Administrative Procedure Act upon written complaint by an investigator of the Department. After the hearing, if supported by the evidence, the Department may (i) issue and cause to be served on any party an order to cease and desist from further violation of the Act, (ii) take affirmative or other action as deemed reasonable to eliminate the effect of the violation, and (iii) determine the amount of any civil penalty allowed by the Act. The Director of Labor or his or her representative may compel, by subpoena, the attendance and testimony of witnesses and the production of books, payrolls, records, papers, and other evidence in any investigation or hearing and may administer oaths to witnesses 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.
    (a-5) If the Attorney General has reasonable cause to believe that any person or entity has engaged in a practice prohibited by this Act, the Attorney General may, pursuant to the authority conferred by Section 6.3 of the Attorney General Act, initiate or intervene in a civil action in the name of the People of the State in any appropriate court to obtain appropriate relief.
    (b) If an employee or applicant for employment 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 pursuant to its authority under subsection (a). 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 or prospective 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 or in which the complainant is employed shall have jurisdiction in such actions.
    (c) (Blank).
    (d) (Blank).
    (e) (Blank).
    (f) Any employer or prospective employer, or the officer or agent of any employer or prospective employer, who discharges or in any other manner discriminates against any employee or applicant for employment because that employee or applicant for employment has made a complaint to his employer, or to the Director of Labor or his authorized representative, or because that employee or applicant for employment 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 or applicant for employment has testified or is about to testify in an investigation or proceeding under this Act, is guilty of a petty offense.
    (g) No employer or prospective employer shall be subject to concurrent or duplicative enforcement actions under this Act based on the same set of facts or alleged violations involving the same individual or individuals. Upon the initiation of any action under this Act, any other action arising from the same set of facts or alleged violations and involving the same individual or individuals shall be barred. For the purposes of this Section, an action is deemed to be initiated upon the filing of a complaint in circuit court.
(Source: P.A. 103-879, eff. 1-1-25; 104-455, eff. 12-12-25.)

    
Notes of Decisions
Cited in 6 cases, 2000–2004 · 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). “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 (West 1998); 815 ILCS 620/505…”
Kevin C. Carter v. Tennant Co., 383 F.3d 673 (7th Cir. 2004). “Therefore, pursuant to 820 ILCS 55/15(c), the Complainant has leave to pursue other civil remedies.”
Hampton v. Vill. of Washburn, 739 N.E.2d 1019 (Ill. App. Ct. 2000). · cites it 4× “*** (c) *** [A]n employee or applicant for employment may commence an action in the circuit court to enforce the provisions of this Act, including actions to compel compliance, where efforts to resolve the employee’s or applicant for employment’s complaint concerning the…”
Hampton v. Vill. of Washburn (Ill. App. Ct. 2000). · cites it 4× “" 820 ILCS 55/15 (West 1998). Plaintiff argues that the use of the word "may" in subsection (b) above indicates that pursuing a complaint with the Department is not mandatory or a prerequisite to filing an action in circuit court.”
Carter, Kevin C. v. Tennant Co. (7th Cir. 2004). · cites it 2× “Therefore, pursuant to 820 ILCS 55/15(c), the Complainant has leave to pursue other civil remedies.”
Yang v. City of Chicago (Ill. 2001). “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 (West 1998); 815 ILCS 620/505…”
— 820 ILCS 55/15(b) — 2 cases
Hampton v. Vill. of Washburn, 739 N.E.2d 1019 (Ill. App. Ct. 2000). “*** (c) *** [A]n employee or applicant for employment may commence an action in the circuit court to enforce the provisions of this Act, including actions to compel compliance, where efforts to resolve the employee’s or applicant for employment’s complaint concerning the…”
Hampton v. Vill. of Washburn (Ill. App. Ct. 2000). “" 820 ILCS 55/15 (West 1998). Plaintiff argues that the use of the word "may" in subsection (b) above indicates that pursuing a complaint with the Department is not mandatory or a prerequisite to filing an action in circuit court.”
— 820 ILCS 55/15(c) — 2 cases
Kevin C. Carter v. Tennant Co., 383 F.3d 673 (7th Cir. 2004). “Therefore, pursuant to 820 ILCS 55/15(c), the Complainant has leave to pursue other civil remedies.”
Carter, Kevin C. v. Tennant Co. (7th Cir. 2004). “Therefore, pursuant to 820 ILCS 55/15(c), the Complainant has leave to pursue other civil remedies.”
— 820 ILCS 55/15(d) — 2 cases
Yang v. City of Chicago, 745 N.E.2d 541 (Ill. 2001). “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 (West 1998); 815 ILCS 620/505…”
Yang v. City of Chicago (Ill. 2001). “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 (West 1998); 815 ILCS 620/505…”
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