Ill. Admin. Code tit. 77, § 300.651 - Whistleblower Protection

a) For the purposes of this Section, "retaliatory action" means the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms and conditions of employment of any employee of a facility that is taken in retaliation for the employee's involvement in a protected activity as set forth in Section 3-810 of the Act and this Section 300.651. (Section 3-810(a) of the Act)

b) A facility shall not take any retaliatory action against an employee of the facility, including a nursing home administrator, because the employee does any of the following:

1) Discloses or threatens to disclose to a supervisor or to a public body an activity, inaction, policy, or practice implemented by a facility that the employee reasonably believes is in violation of a law, rule, or regulation.

2) Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by a nursing home administrator.

3) Assists or participates in a proceeding to enforce the provisions of the Act and this Part. (Section 3-810(b) of the Act)

c) A violation of the Act and this Section may be established only upon a finding that the employee of the facility engaged in conduct described in subsection (b) of Section 3-810 of the Act and this Section 300.651 and this conduct was a contributing factor in the retaliatory action alleged by the employee. There is no violation of this Section, however, if the facility demonstrates by clear and convincing evidence that it would have taken the same unfavorable personnel action in the absence of that conduct. (Section 3-810(c) of the Act)

d) The employee of the facility may be awarded all remedies necessary to make the employee whole and to prevent future violations of this Section. Remedies imposed by the court may include, but are not limited to, all of the following:

1) Reinstatement of the employee to either the same position held before the retaliatory action or to an equivalent position;

2) Two times the amount of back pay;

3) Interest on the back pay;

4) Reinstatement of full fringe benefits and seniority rights; and

5) Payment of reasonable costs and attorney's fees. (Section 3-810(d) of the Act)

Notes

Ill. Admin. Code tit. 77, § 300.651

Added at 35 Ill. Reg. 11419, effective June 29, 2011