One of the new Illinois laws that took effect Jan. 1 will change how unions and their members can pursue actions against employers, with the help of the Illinois Department of Labor.

The Illinois Personnel Record Review Act (PRRA) was amended as of Jan. 1 to expand employee rights and add onto employers’ obligations. The Illinois AFL-CIO hosted Anna Koeppel, legislative and policy director with the Illinois Department of Labor and other state officials to discuss how the changes in the law will affect individual workers and their unions.

WHAT’S CHANGED
The new PRRA allows employees to review their own personnel files and any other documents used for determining hiring, firing, promotion and discipline, among other things such as salary. Often these requests are part of wrongful termination or discrimination suits against an employer, Koeppel said.

Now those requests can also go to the union representative, as well as allowing the union to request such documents for grievances and wider issues relating to the collective bargaining agreement.

Employees have the right to copies of their documents, not just the right to see them. Employers must provide these copies at cost, not charging for the time to collect them or other unreasonable costs, and there shouldn’t be any costs associated with electronic copies, Koeppel said.  At one point, she said, an employer said because the employee requested a record, he had to go buy a photocopier and the employee would have to pay the $3,000 cost. That is not permitted, if it ever was, Koeppel said.

Employers don’t have to keep any records they didn’t already keep, but they must be made available through a request process that bears a strong similarity to the Freedom of Information Act. Employees make a written request and the employer has seven days to comply.

For example, Koeppel said if an employee is terminated for chronic tardiness, the employee could request clock-in records, attendance policies, progressive discipline policies, prior warnings/reprimands, etc.

Koeppel clarified that the Department of Labor and the PRRA law don’t make determinations as to whether a termination is fair or lawful, but it grants access to the records for others to determine.

ENFORCEMENT
Anyone who believes their employer is violating PRRA can file a complaint with the Illinois Department of Labor. The department has 180 days to resolve the issue, and if they fail to do so, the employee can file suit under PRRA. Employers found guilty of violating the act are guilty of a petty offense and may be liable for future costs. Anyone with questions should contact DOL at dol.prra@illinois.gov.