97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2945
 
Introduced 2/1/2012, by Sen. Dan Duffy
 
SYNOPSIS AS INTRODUCED:
 

 
  
410 ILCS 82/55
820 ILCS 55/5  from Ch. 48, par. 2855

     Amends the Smoke Free Illinois Act and the Right to Privacy in the Workplace Act to exempt from certain prohibitions against discrimination any employer that, as its primary purposes or objectives, provides medical or hospital treatment to patients who have a cancerous condition.
  


LRB097 17926 RPM 63149 b

 
 
A BILL FOR
 

  
SB2945LRB097 17926 RPM 63149 b


  
1    AN ACT concerning health.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Smoke Free Illinois Act is amended  by 
5changing Section 55 as follows:
 
6    (410 ILCS 82/55)

7    Sec. 55. Discrimination prohibited. No individual may be 
8discriminated against in any manner
because of the exercise of 
9any rights afforded by this Act. This Section does not apply to 
10any employer that, as its primary purposes or objectives, 
11provides medical or hospital treatment to patients who have a 
12cancerous condition. 

13(Source: P.A. 95-17, eff. 1-1-08.)
 
14    Section 10. The Right to Privacy in the Workplace Act is 
15amended  by changing Section 5 as follows:
 



16    (820 ILCS 55/5)  (from Ch. 48, par. 2855)



17    Sec. 5. Discrimination for use of lawful products 
18prohibited. 

19    (a) Except as otherwise specifically provided by law and 
20except as
provided in subsections (b) and (c) of this Section, 
21it shall be unlawful
for an employer to refuse to hire or to 
 
 
SB2945- 2 -LRB097 17926 RPM 63149 b

1discharge any individual, or
otherwise disadvantage any 
2individual, with respect to compensation, terms,
conditions or 
3privileges of employment because the individual uses lawful

4products off the premises of the employer during nonworking 
5hours.

6    (b) This Section does not apply to any employer that is a 
7non-profit
organization that, as one of its primary purposes or 
8objectives,
discourages the use of one or more lawful products 
9by the general public or to any employer that, as its primary 
10purposes or objectives, provides medical or hospital treatment 
11to patients who have a cancerous condition.
This Section does 
12not apply to the use of those lawful products which
impairs an 
13employee's ability to perform the employee's assigned duties.

14    (c) It is not a violation of this Section for an employer 
15to offer,
impose or have in effect a health, disability or life 
16insurance policy that
makes distinctions between employees for 
17the type of coverage or the price
of coverage based upon the 
18employees' use of lawful products provided that:


19        (1) differential premium rates charged employees 
20    reflect a
differential cost to the employer; and


21        (2) employers provide employees with a statement 
22    delineating the
differential rates used by insurance 
23    carriers.

24(Source: P.A. 87-807.)