Public Act 093-0414
Public Act 93-0414 of the 93rd General Assembly
Public Act 93-0414
HB0469 Enrolled LRB093 04547 WGH 04600 b
AN ACT concerning State lawsuit immunity.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Lawsuit Immunity Act is amended by
changing Section 1 and adding Section 1.5 as follows:
(745 ILCS 5/1) (from Ch. 127, par. 801)
Sec. 1. Except as provided in the "Illinois Public Labor
Relations Act", enacted by the 83rd General Assembly, or
except as provided in "AN ACT to create the Court of Claims,
to prescribe its powers and duties, and to repeal AN Act
herein named", filed July 17, 1945, as amended, or Section
1.5 of this Act, the State of Illinois shall not be made a
defendant or party in any court.
(Source: P.A. 83-1012.)
(745 ILCS 5/1.5 new)
Sec. 1.5. Exceptions; State employees.
(a) An employee, former employee, or prospective
employee of the State who is aggrieved by any conduct or
action or inaction of the State that would constitute a
violation of the Age Discrimination in Employment Act of
1967, 29 U.S.C. 621 et seq., as amended, if committed by an
employer covered by that Act may bring an action under the
Age Discrimination in Employment Act of 1967 against the
State in State circuit court or federal court.
(b) An employee of the State who is aggrieved by any
conduct or action or inaction of the State that would
constitute a violation of the Fair Labor Standards Act of
1938, 29 U.S.C. 201 et seq., as amended, if committed by an
employer covered by that Act may bring an action under the
Fair Labor Standards Act of 1938 against the State in State
circuit court or federal court.
(c) An employee, former employee, or prospective
employee of the State who is aggrieved by any conduct or
action or inaction of the State that would constitute a
violation of the Family and Medical Leave Act, 29 U.S.C. 2601
et seq., as amended, if committed by an employer covered by
that Act may bring an action under the Family and Medical
Leave Act against the State in State circuit court or federal
court.
(d) An employee, former employee, or prospective
employee of the State who is aggrieved by any conduct or
action or inaction of the State that would constitute a
violation of the Americans with Disabilities Act of 1990, 42
U.S.C. 12101 et seq., as amended, if committed by an employer
covered by that Act may bring an action under the Americans
with Disabilities Act of 1990 against the State in State
circuit court or federal court.
(e) An employee, former employee, or prospective
employee of the State who is aggrieved by any conduct or
action or inaction of the State that would constitute a
violation of Title VII of the Civil Rights Act of 1964, 42
U.S.C. 2000e et seq., as amended, if committed by an employer
covered by that Act may bring an action under Title VII of
the Civil Rights Act of 1964 against the State in State
circuit court or federal court.
Effective Date: 01/01/04
|