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Employee discipline: Illinois

This guide provides an overview of Illinois laws relevant to employee discipline, including investigation requirements, employee privacy and confidentiality protections, and discipline issues involving protected leaves of absence and protected activities, as well as potential employer liability risks.

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by Stuart R. Buttrick, Taylor L. Lindauer, Lindsey M. Hogan, Alexander E. Preller, Stacey Smiricky and Aaron T. Vance, Faegre Drinker Biddle & Reath LLP

Summary

This guide provides an overview of laws relevant to employee discipline in Illinois, including specific requirements for investigations; employee privacy and confidentiality protections; and handling disciplinary situations involving protected leaves of absence and protected activities. It also covers potential claims such as defamation.

In this guide, learn about:

  • The process of discipline
    • Communicating expectations for workplace conduct
    • When to investigate employee behavior in advance of discipline
    • Privacy concerns in investigations
  • Polygraph or lie detector tests
  • Restrictions on recording conversations
  • Right to Privacy in the Workplace Act
  • Specific discipline situations
    • Attendance
    • Breach of fiduciary duty
    • Misappropriation of trade secrets
    • Employee inventions
    • Discipline considerations
  • Treatment of employees who have engaged in protected activities
  • Discipline regarding guns in the workplace
  • Defamation avoidance
  • Confidentiality of disciplinary communications
  • False imprisonment
  • Freelance Worker Protection Act
  • Health Care Right of Conscience Act
  • Disciplining employees with drug and alcohol addictions
    • Marijuana
  • Local requirements
    • Chicago Fair Workweek Ordinance
    • Chicago Hotel Worker Harassment Ordinance
    • Chicago Paid Leave and Paid Sick and Safe Leave Ordinance
    • Chicago Worker Protections
    • Cook County Paid Leave Ordinance
    • Evanston Fair Workweek Ordinance
  • Future developments
    • Family Neonatal Intensive Care Leave

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Jurisdiction: Illinois

Latest updates

Updated to reflect whistleblower protections for employees who disclose certain constitutional violations, effective December 9, 2025, and retaliation protections for employees who use employer-issued equipment to record certain domestic and sexual violence incidents, effective January 1, 2026.

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