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| 1 | AN ACT concerning employment.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Right to Privacy in the Workplace Act is | ||||||
| 5 | amended by changing Section 10 as follows:
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| 6 | (820 ILCS 55/10) (from Ch. 48, par. 2860)
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| 7 | Sec. 10. Prohibited inquiries. | ||||||
| 8 | (a) It shall be unlawful for any employer
to inquire, in a | ||||||
| 9 | written application or in any other manner, of any
prospective | ||||||
| 10 | employee or of the prospective employee's previous employers,
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| 11 | whether that prospective employee has ever filed a claim for | ||||||
| 12 | benefits under
the Workers' Compensation Act or Workers' | ||||||
| 13 | Occupational Diseases Act or
received benefits under these | ||||||
| 14 | Acts.
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| 15 | (b)(1) It shall be unlawful for any employer to request or | ||||||
| 16 | require any employee or prospective employee to provide any | ||||||
| 17 | password or other related account information in order to gain | ||||||
| 18 | access to the employee's or prospective employee's account or | ||||||
| 19 | profile on a social networking website or to demand access in | ||||||
| 20 | any manner to an employee's or prospective employee's account | ||||||
| 21 | or profile on a social networking website. | ||||||
| 22 | (2) Nothing in this subsection shall limit an employer's | ||||||
| 23 | right to: | ||||||
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| 1 | (A) promulgate and maintain lawful workplace policies | ||||||
| 2 | governing the use of the employer's electronic equipment, | ||||||
| 3 | including policies regarding Internet use, social | ||||||
| 4 | networking site use, and electronic mail use; and | ||||||
| 5 | (B) monitor usage of the employer's electronic | ||||||
| 6 | equipment and the employer's electronic mail without | ||||||
| 7 | requesting or requiring any employee or prospective | ||||||
| 8 | employee to provide any password or other related account | ||||||
| 9 | information in order to gain access to the employee's or | ||||||
| 10 | prospective employee's account or profile on a social | ||||||
| 11 | networking website. | ||||||
| 12 | (3) Nothing in this subsection shall prohibit an employer | ||||||
| 13 | from obtaining about a prospective employee or an employee | ||||||
| 14 | information that is in the public domain or that is otherwise | ||||||
| 15 | obtained in compliance with this amendatory Act of the 97th | ||||||
| 16 | General Assembly. | ||||||
| 17 | (4) For the purposes of this subsection, "social networking | ||||||
| 18 | website" means an Internet-based service that allows | ||||||
| 19 | individuals to: | ||||||
| 20 | (A) construct a public or semi-public profile within a | ||||||
| 21 | bounded system, created by the service; | ||||||
| 22 | (B) create a list of other users with whom they share a | ||||||
| 23 | connection within the system; and | ||||||
| 24 | (C) view and navigate their list of connections and | ||||||
| 25 | those made by others within the system. | ||||||
| 26 | "Social networking website" shall not include electronic | ||||||
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| 1 | mail. | ||||||
| 2 | (Source: P.A. 87-807.)
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