Illinois New Whistleblower Protections: What Employees Need to Know

The Illinois Whistleblower Act (IWA) has long provided protections for employees who report unlawful conduct. However, a recent amendment significantly strengthens these safeguards, ensuring that workers who report misconduct internally receive the same level of protection as those who report to external authorities. If you are an Illinois employee who has witnessed wrongdoing in the workplace, these changes are crucial to understand.

Previously, the IWA primarily protected employees who disclosed illegal activity to a government agency or law enforcement. This left a significant gap: workers who first reported misconduct internally—whether to HR, management, or a compliance officer—were not explicitly protected from retaliation.

The amended IWA closes this loophole. Now, employees who report illegal activity within their organization are just as protected as those who go directly to external authorities. This change acknowledges the reality that many employees prefer to report concerns internally before escalating them outside the company.

For employees, this amendment provides much-needed security. Many whistleblowers hesitate to report misconduct out of fear of retaliation, including termination, demotion, harassment, or other adverse actions. By extending protections to internal complaints, the law encourages employees to speak up without immediately needing to involve government agencies.

Additionally, this change aligns Illinois law with broader trends in employment protections. Many federal and state laws already recognize internal whistleblowing as a protected activity, and Illinois is now ensuring its laws reflect these best practices.

Employers must take this amendment seriously. Retaliation against whistleblowers is illegal, and the expanded protections mean that companies cannot discipline, fire, or otherwise punish employees simply for reporting misconduct internally. Organizations should take proactive steps to educate managers and HR personnel about these changes to avoid potential legal liability.

Employers should also review their internal policies to ensure they provide safe, transparent reporting mechanisms. Encouraging employees to report concerns internally allows companies to address potential legal violations before they escalate into external investigations or lawsuits.

If you have reported illegal conduct—whether internally or externally—and have faced retaliation as a result, you have legal rights. The amended IWA provides a strong basis for claims against employers who punish whistleblowers. Depending on the circumstances, you may be entitled to reinstatement, back pay, and other damages.Emery Law’s Ethan White is an employment attorney who regularly files charges and lawsuits for employees who have been treated illegally at work, particularly where they face retaliation. Ethan has more over 15 years of pure litigation experience, primarily focusing on employee-side employment disputes, including discrimination, wage and hour, and retaliation.  If you are dealing with workplace issues, you need an employment lawyer who will fight for you. Reach out today for a free initial consultation. The law is on your side, and we’re here to help you assert your rights.