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| 1 | AN ACT concerning health.
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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 5 as follows:
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| 6 | (820 ILCS 55/5) (from Ch. 48, par. 2855)
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| 7 | Sec. 5. Discrimination for use of lawful products | ||||||
| 8 | prohibited.
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| 9 | (a) Except as otherwise specifically provided by law and | ||||||
| 10 | except as
provided in subsections (b) and (c) of this Section, | ||||||
| 11 | it shall be unlawful
for an employer to refuse to hire or to | ||||||
| 12 | discharge any individual, or
otherwise disadvantage any | ||||||
| 13 | individual, with respect to compensation, terms,
conditions or | ||||||
| 14 | privileges of employment because the individual uses lawful
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| 15 | products off the premises of the employer during nonworking | ||||||
| 16 | hours.
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| 17 | (b) This Section does not apply to any employer that is a | ||||||
| 18 | non-profit
organization that, as one of its primary purposes or | ||||||
| 19 | objectives,
discourages the use of one or more lawful products | ||||||
| 20 | by the general public. This Section does not apply to any | ||||||
| 21 | for-profit employer that, as its sole business purpose or | ||||||
| 22 | objective, provides medical or hospital treatment to patients | ||||||
| 23 | who have a cancerous condition, and that refuses to hire or | ||||||
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| 1 | discharges any individual, or otherwise disadvantages any | ||||||
| 2 | individual, with respect to compensation, terms, conditions, | ||||||
| 3 | or privileges of employment because the individual uses tobacco | ||||||
| 4 | products, including cigarettes, pipes, cigars, chewing | ||||||
| 5 | tobacco, snus, snuff, clove cigarettes, electronic cigarettes, | ||||||
| 6 | and similar products.
This Section does not apply to the use of | ||||||
| 7 | those lawful products which
impairs an employee's ability to | ||||||
| 8 | perform the employee's assigned duties.
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| 9 | (c) It is not a violation of this Section for an employer | ||||||
| 10 | to offer,
impose or have in effect a health, disability or life | ||||||
| 11 | insurance policy that
makes distinctions between employees for | ||||||
| 12 | the type of coverage or the price
of coverage based upon the | ||||||
| 13 | employees' use of lawful products provided that:
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| 14 | (1) differential premium rates charged employees | ||||||
| 15 | reflect a
differential cost to the employer; and
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| 16 | (2) employers provide employees with a statement | ||||||
| 17 | delineating the
differential rates used by insurance | ||||||
| 18 | carriers.
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| 19 | (Source: P.A. 87-807.)
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| 20 | Section 99. Effective date. This Act takes effect upon | ||||||
| 21 | becoming law.
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