Rep. Will Guzzardi

Filed: 3/15/2023

 

 


 

 


 
10300HB1363ham002LRB103 25675 LNS 59184 a

1
AMENDMENT TO HOUSE BILL 1363

2    AMENDMENT NO. ______. Amend House Bill 1363, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Gender Violence Act is amended by changing
6Sections 5 and 20 and by adding Section 11 as follows:
 
7    (740 ILCS 82/5)
8    Sec. 5. Definitions Definition. In this Act: ,
9    "Employee" has the meaning provided in Section 2-101 of
10the Illinois Human Rights Act.
11    "Employer" has the meaning provided in Section 2-101 of
12the Illinois Human Rights Act.
13    "Gender-related gender-related violence", which is a form
14of sex discrimination, means the following:
15        (1) One or more acts of violence or physical
16    aggression satisfying the elements of battery under the

 

 

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1    laws of Illinois that are committed, at least in part, on
2    the basis of a person's sex, whether or not those acts have
3    resulted in criminal charges, prosecution, or conviction.
4        (2) A physical intrusion or physical invasion of a
5    sexual nature under coercive conditions satisfying the
6    elements of battery under the laws of Illinois, whether or
7    not the act or acts resulted in criminal charges,
8    prosecution, or conviction.
9        (2.5) Domestic violence, as defined in the Victims'
10    Economic Security and Safety Act.
11        (3) A threat of an act described in item (1), or (2),
12    or (2.5) causing a realistic apprehension that the
13    originator of the threat will commit the act.
14    "Workplace" means the employer's premises, including any
15building, real property, and parking area under the control of
16the employer, or any location used by an employee while in the
17performance of the employee's job duties. "Workplace" includes
18activities occurring off-premises at employer-sponsored events
19where an employee is not performing the employee's job duties.
20(Source: P.A. 93-416, eff. 1-1-04.)
 
21    (740 ILCS 82/11 new)
22    Sec. 11. Employer liability for an employee or agent.
23    (a) An employer is only liable for gender-related violence
24committed in the workplace by an employee or agent of the
25employer when the interaction giving rise to the

 

 

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1gender-related violence arises out of and in the course of
2employment with the employer. Liability only extends to
3gender-related violence that occurs: (i) while the employee
4was directly performing the employee's job duties and the
5performance of the job duties was the proximate cause of the
6injury; or (ii) while the agent of the employer was directly
7involved in the performance of the contracted work and the
8performance of the contracted work was the proximate cause of
9the injury. Proximate cause exists when the actions of the
10employee or the agent of the employer were a substantial
11factor in causing the injury.
12    An employer is liable if the employer has acted in a manner
13inconsistent with how a reasonable person would act under
14similar circumstances.
15    (b) An employer is liable for gender-related violence if
16the employer:
17        (1) failed to supervise, train, or monitor the
18    employee who engaged in the gender-related violence. An
19    employer providing training pursuant to Section 2-109 of
20    the Illinois Human Rights Act shall have an affirmative
21    defense that adequate training was provided to the
22    employee; or
23        (2) failed to investigate complaints or reports
24    directly provided to a supervisor, manager, owner, or
25    another person designated by the employer of similar
26    conduct by an employee or agent of the employer and the

 

 

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1    employer failed to take remedial measures in response to
2    the complaints or reports.
3    (c) Nothing in this Act precludes a person who has been the
4victim of gender-related violence from pursuing any other
5right or cause of action created by statute or common law.
 
6    (740 ILCS 82/20)
7    Sec. 20. Limitation. An action by an individual based on
8gender-related violence as defined in paragraph (1), or (2),
9or (2.5) of Section 5 must be commenced within 7 years after
10the cause of action accrued, except that if the person
11entitled to bring the action was a minor at the time the cause
12of action accrued, the action must be commenced within 7 years
13after the person reaches the age of 18. An action based on
14gender-related violence as defined in paragraph (3) of Section
155 must be commenced within 2 years after the cause of action
16accrued, except that if the person entitled to bring the
17action was a minor at the time the cause of action accrued, the
18action must be commenced within 2 years after the person
19reaches the age of 18. An action against an employer pursuant
20to Section 11 must be commenced within 4 years after the cause
21of action accrued, except that if the person entitled to bring
22the action was a minor at the time the cause of action accrued,
23the action must be commenced within 4 years after the person
24reaches the age of 18.
25(Source: P.A. 93-416, eff. 1-1-04.)".