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| Public Act 098-0501 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Right to Privacy in the Workplace Act is | ||||
amended by changing Section 10 as follows:
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(820 ILCS 55/10) (from Ch. 48, par. 2860)
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Sec. 10. Prohibited inquiries. | ||||
(a) It shall be unlawful for any employer
to inquire, in a | ||||
written application or in any other manner, of any
prospective | ||||
employee or of the prospective employee's previous employers,
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whether that prospective employee has ever filed a claim for | ||||
benefits under
the Workers' Compensation Act or Workers' | ||||
Occupational Diseases Act or
received benefits under these | ||||
Acts.
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(b)(1) Except as provided in this subsection, it It shall | ||||
be unlawful for any employer to request or require any employee | ||||
or prospective employee to provide any password or other | ||||
related account information in order to gain access to the | ||||
employee's or prospective employee's account or profile on a | ||||
social networking website or to demand access in any manner to | ||||
an employee's or prospective employee's account or profile on a | ||||
social networking website. | ||||
(2) Nothing in this subsection shall limit an employer's | ||||
right to: | ||
(A) promulgate and maintain lawful workplace policies | ||
governing the use of the employer's electronic equipment, | ||
including policies regarding Internet use, social | ||
networking site use, and electronic mail use; and | ||
(B) monitor usage of the employer's electronic | ||
equipment and the employer's electronic mail without | ||
requesting or requiring any employee or prospective | ||
employee to provide any password or other related account | ||
information in order to gain access to the employee's or | ||
prospective employee's account or profile on a social | ||
networking website. | ||
(3) Nothing in this subsection shall prohibit an employer | ||
from obtaining about a prospective employee or an employee | ||
information that is in the public domain or that is otherwise | ||
obtained in compliance with this amendatory Act of the 97th | ||
General Assembly. | ||
(3.5) Provided that the password, account information, or | ||
access sought by the employer relates to a professional | ||
account, and not a personal account, nothing in this subsection | ||
shall prohibit or restrict an employer from complying with a | ||
duty to screen employees or applicants prior to hiring or to | ||
monitor or retain employee communications as required under | ||
Illinois insurance laws or federal law or by a self-regulatory | ||
organization as defined in Section 3(A)(26) of the Securities | ||
Exchange Act of 1934, 15 U.S.C. 78(A)(26). | ||
(4) For the purposes of this subsection, "social networking | ||
website" means an Internet-based service that allows | ||
individuals to: | ||
(A) construct a public or semi-public profile within a | ||
bounded system, created by the service; | ||
(B) create a list of other users with whom they share a | ||
connection within the system; and | ||
(C) view and navigate their list of connections and | ||
those made by others within the system. | ||
"Social networking website" shall not include electronic | ||
mail. | ||
For the purposes of paragraph (3.5) of this subsection, | ||
"professional account" means an account, service, or profile | ||
created, maintained, used, or accessed by a current or | ||
prospective employee for business purposes of the employer. | ||
For the purposes of paragraph (3.5) of this subsection, | ||
"personal account" means an account, service, or profile on a | ||
social networking website that is used by a current or | ||
prospective employee exclusively for personal communications | ||
unrelated to any business purposes of the employer. | ||
(Source: P.A. 97-875, eff. 1-1-13.)
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