HB1363 EnrolledLRB103 25675 LNS 52024 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Gender Violence Act is amended by changing
5Sections 5 and 20 and by adding Section 11 as follows:
 
6    (740 ILCS 82/5)
7    Sec. 5. Definitions Definition. In this Act: ,
8    "Employee" has the meaning provided in Section 2-101 of
9the Illinois Human Rights Act.
10    "Employer" has the meaning provided in Section 2-101 of
11the Illinois Human Rights Act.
12    "Gender-related gender-related violence", which is a form
13of sex discrimination, means the following:
14        (1) One or more acts of violence or physical
15    aggression satisfying the elements of battery under the
16    laws of Illinois that are committed, at least in part, on
17    the basis of a person's sex, whether or not those acts have
18    resulted in criminal charges, prosecution, or conviction.
19        (2) A physical intrusion or physical invasion of a
20    sexual nature under coercive conditions satisfying the
21    elements of battery under the laws of Illinois, whether or
22    not the act or acts resulted in criminal charges,
23    prosecution, or conviction.

 

 

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1        (2.5) Domestic violence, as defined in the Victims'
2    Economic Security and Safety Act.
3        (3) A threat of an act described in item (1), or (2),
4    or (2.5) causing a realistic apprehension that the
5    originator of the threat will commit the act.
6    "Workplace" means the employer's premises, including any
7building, real property, and parking area under the control of
8the employer, or any location used by an employee while in the
9performance of the employee's job duties. "Workplace" includes
10activities occurring off-premises at employer-sponsored events
11where an employee is not performing the employee's job duties.
12(Source: P.A. 93-416, eff. 1-1-04.)
 
13    (740 ILCS 82/11 new)
14    Sec. 11. Employer liability for an employee or agent.
15    (a) An employer is only liable for gender-related violence
16committed in the workplace by an employee or agent of the
17employer when the interaction giving rise to the
18gender-related violence arises out of and in the course of
19employment with the employer. Liability only extends to
20gender-related violence that occurs: (i) while the employee
21was directly performing the employee's job duties and the
22gender-related violence was the proximate cause of the injury;
23or (ii) while the agent of the employer was directly involved
24in the gender-related violence and the performance of the
25contracted work was the proximate cause of the injury.

 

 

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1Proximate cause exists when the actions of the employee or the
2agent of the employer were a substantial factor in causing the
3injury.
4    An employer is liable if the employer has acted in a manner
5inconsistent with how a reasonable person would act under
6similar circumstances.
7    (b) Notwithstanding subsection (a), an employer is only
8liable for gender-related violence if the employer:
9        (1) failed to supervise, train, or monitor the
10    employee who engaged in the gender-related violence. An
11    employer providing training pursuant to Section 2-109 of
12    the Illinois Human Rights Act shall have an affirmative
13    defense that adequate training was provided to the
14    employee; or
15        (2) failed to investigate complaints or reports
16    directly provided to a supervisor, manager, owner, or
17    another person designated by the employer of similar
18    conduct by an employee or agent of the employer and the
19    employer failed to take remedial measures in response to
20    the complaints or reports.
21    (c) Nothing in this Act precludes a person who has been the
22victim of gender-related violence from pursuing any other
23right or cause of action created by statute or common law.
 
24    (740 ILCS 82/20)
25    Sec. 20. Limitation. An action by an individual based on

 

 

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1gender-related violence as defined in paragraph (1), or (2),
2or (2.5) of Section 5 must be commenced within 7 years after
3the cause of action accrued, except that if the person
4entitled to bring the action was a minor at the time the cause
5of action accrued, the action must be commenced within 7 years
6after the person reaches the age of 18. An action based on
7gender-related violence as defined in paragraph (3) of Section
85 must be commenced within 2 years after the cause of action
9accrued, except that if the person entitled to bring the
10action was a minor at the time the cause of action accrued, the
11action must be commenced within 2 years after the person
12reaches the age of 18. An action against an employer pursuant
13to Section 11 must be commenced within 4 years after the cause
14of action accrued, except that if the person entitled to bring
15the action was a minor at the time the cause of action accrued,
16the action must be commenced within 4 years after the person
17reaches the age of 18.
18(Source: P.A. 93-416, eff. 1-1-04.)