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Retaliatory Action

State law prohibits retaliatory action against State employees when they:

  • disclose or threaten to disclose to a supervisor or a public body an activity, policy, or practice of any state agency, office or employee that the state employee reasonably believes to be a violation of law, rule or regulation; or
  • provide information to or testify before any public body conducting an investigation, hearing, or inquiry into a violation of law, rule, or regulation by any state agency, officer, or employee; or
  • assist or participate in a proceeding to enforce the State Officials and Employees Ethics Act.

Retaliatory action means:

  • Reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change the terms or conditions of employment of any state employee that occurs in retaliation for an employee's involvement in the protected activities, above.

Remedies if retaliation occurs may include:

  • reinstatement of employment;
  • two times back pay;
  • interest on back pay;
  • reinstatement of fringe benefits and seniority rights; and
  • payment of reasonable costs and attorneys' fees.

See State Officials and Employees Ethics Act, 5 ILCS 430/15-5 et. seq.