Illinois workplaces have become dangerous and abusive sweatshops through the growing use of fear as a way of doing business…Retaliation is a constant threat deployed by employers in response to workers who courageously bring attention to abuses and try to improve work conditions for themselves and others…Illinois’ system of enforcement depends on workers claiming their rights, which makes the state’s failures to protect against retaliation both incomprehensible and deeply troubling…Moreover, procedural legal hurdles, such as an unreasonable burden of proof placed on workers, make it very difficult for workers to secure justice in the face of retaliation …Consequently, even when penalties for retaliation are available under the law, they are rarely imposed. And when they are, they are ill designed to incentivize employers to correct and prevent abuse…
This report recommends incorporating at least three essential elements in Illinois’ enforcement system to move towards a worker-centered approach: (1) adequate and fair legal coverage, (2) accessible and timely complaint resolution and (3) built-in systems for the prevention and deterrence of retaliation. This requires shifts in public policy along with political will on the part of state…