Administrative Read Reference

Public Libraries and the Law

Employee Records Act

This Act applies to all employers in Illinois whether public or private [820 ILCS 40/2 et seq.]. In general, the Act requires employers, upon request by an employee, to permit the employee to inspect personnel documents not exempted, and establishes procedures for this inspection duty. In addition, the Act allows employees to obtain copies of disclosable personnel documents and specifies certain information that, if not maintained in a personnel record, may not be used by an employer in a judicial or quasi-judicial proceeding.

The Act contains a procedure for correction of personnel records and specifies certain records that employers cannot keep, particularly those recording employees’ associational activities outside the job. It also contains civil enforcement procedures and identifies violations of the Act as a petty criminal offense.