HB4999 99TH GENERAL ASSEMBLY

LRB099 17796 JLS 42158 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4999

Introduced , by Rep. Will Guzzardi

SYNOPSIS AS INTRODUCED:

820 ILCS 55/10

from Ch. 48, par. 2860

Amends the Right to Privacy in the Workplace Act. Makes it unlawful for an employer or prospective employer to request or require an employee or applicant to authenticate or access a personal online account in the presence of the employer, to request or require that an employee or applicant invite the employer to join a group affiliated with any personal online account of the employee or applicant, or join an online account established by the employer. Prohibits retaliation against an employee or applicant. Defines terms.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Right to Privacy in the Workplace Act is amended by changing Section 10 as follows:

(820 ILCS 55/10) (from Ch. 48, par. 2860)

Sec. 10. Prohibited inquiries; online activities.

(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, 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.

(b)(1) Except as provided in this subsection, it shall be unlawful for any employer to request or require any employee or prospective employee to provide a user name and password or 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.

(c) It is unlawful for an employer to request or require an employee or applicant to authenticate or access a personal online account in the presence of the employer.

It is unlawful for an employer to request or require that an employee or applicant invite the employer to join a group affiliated with any personal online account of the employee or applicant.

It is unlawful for an employer to request or require that an employee or applicant join an online account established by the employer.

It is unlawful for an employer to discharge, discipline, discriminate against, retaliate against, or otherwise penalize an employee who (A) refuses or declines to provide the employer with a user name and password, password, or any other authentication means for accessing his or her personal online account, (B) refuses or declines to authenticate or access a personal online account in the presence of the employer, (C) refuses to invite the employer to join a group affiliated with any personal online account of the employee, (D) refuses to join an online account established by the employs, or (E) files or causes to be filed any complaint, whether orally or in writing, with a public or private body or court concerning the employer's violation of this subsection.

It is unlawful for an employer to fail or refuse to hire an applicant as a result of his or her refusal to (A) provide the employer with a user name and password, password, or any other authentication means for accessing a personal online account, (B) authenticate or access a personal online account in the presence of the employer, or (C) invite the employer to join a group affiliated with a personal online account of the applicant.

As used in this subsection, "personal online account" means an online account that is used by a person exclusively for personal purposes and unrelated to any business purpose of the person's employer or prospective employer, including electronic mail, social media, and retail-based Internet web sites. "Personal online account" does not include an account created, maintained, used, or accessed by a person for a business purpose of the person's employer or prospective employer.

(Source: P.A. 97-875, eff. 1-1-13; 98-501, eff. 1-1-14.)