Know Your Rights: Whistleblower Protections

The State Officials and Employees Ethics Act (Ethics Act) provides whistleblower protection for State employees who engage in protected activity. Protected activity means:

• Disclosing or threatening to disclose to a public body what the employee reasonably believes to be illegal or inappropriate activity.
• Providing information to or testifying before a public body.
• Assisting or participating in a proceeding to enforce the Ethics Act.

The Act prohibits State agencies or employees from retaliating by way of reprimand, discharge, suspension, demotion, denial or promotion, or transfer of employees who engage in protected activity. 

Jerry reasonably believes that his supervisor at a State agency is stealing office supplies and selling them on the internet. Jerry filed a complaint with the Executive Inspector General and is cooperating with the investigation. The supervisor suspects that Jerry filed the complaint and, in retaliation, suspends Jerry for false accusations.

Under these circumstances, Jerry’s supervisor engaged in unlawful retaliation.

Employees who suffer retaliation for reporting unethical behavior or cooperating in an investigation are entitled to certain remedies. These include:

• Reinstatement to the same or an equivalent position.
• Twice the amount of backpay with interest.
• Reinstatement of full employee benefits and seniority rights.
• Reasonable costs and attorney fees.

Employees may be entitled to additional benefits under other federal or state laws or their own employment contracts. 

In addition to the whistleblower protection, other provisions of the Ethics Act protect employees who report violations. For example, the identity of any individual providing information or reporting alleged misconduct to an Executive Inspector General or the Executive Ethics Commission shall be kept confidential and may not be disclosed unless the individual consents to disclosure or disclosure is otherwise required by law.

Also, allegations and related documents submitted to an Executive Inspector General are exempt from the provisions of the Freedom of Information Act (FOIA) unless and until the Executive Ethics Commission finds that a violation has occurred.

As a State employee, you play a vital role in maintaining integrity and accountability in government. If you witness wrongdoings such as fraud, waste, abuse, or violations of law—you have the right to report it without fear of retaliation. Whistleblower protections exist to ensure your voice is heard and your job is safeguarded.

Contact your Ethics Officer with questions.

More information about the EEC, including links to the Ethics Act, other relevant laws and procedures, as well as resources for all employees can be found on our website. Every State agency is required to appoint an Ethics Officer. Ethics Officers are always available to discuss questions or concerns.

Find your agency’s Ethics Officer by visiting our website.

This publication is for general informational purposes only. It does not, and is not intended to, constitute legal advice.

Executive Ethics Commission Address:
401 South Spring Street
516 William Stratton Building
Springfield, IL 62706

Contact Us:

Website: https://EEC.Illinois.gov
Phone: (217) 558-1393
Fax: (217) 524-2041
Email: EEC@illinois.gov