Illinois House Rejects Modification to Eavesdropping Law

On March 21, 2012, the Illinois House voted down a bill which would have allowed citizens to audio record police officers in public places.  Under current state law, performing such an act is a felony.  In the employment law context, our office has handled a number of cases where employees secretly audio record their employers making damaging statements and try to use that in litigating their employment discrimination cases.  While making such an audio recording may violate state law, ironically, the employee generally can admit such statements in their federal lawsuit.  Federal law permits a recording where only one party consents.  Thus, while it is possible that the employee could be prosecuted under state law for making an unlawful recording, he may win his federal lawsuit by using this evidence.
Categories: Employment Law