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Sen. Dan Duffy
Filed: 3/1/2012
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| 1 | | AMENDMENT TO SENATE BILL 2945
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2945, AS AMENDED, |
| 3 | | by replacing everything after the enacting clause with the |
| 4 | | following:
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| 5 | | "Section 5. The Right to Privacy in the Workplace Act is |
| 6 | | amended by changing Section 5 as follows:
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| 7 | | (820 ILCS 55/5) (from Ch. 48, par. 2855)
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| 8 | | Sec. 5. Discrimination for use of lawful products |
| 9 | | prohibited.
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| 10 | | (a) Except as otherwise specifically provided by law and |
| 11 | | except as
provided in subsections (b) and (c) of this Section, |
| 12 | | it shall be unlawful
for an employer to refuse to hire or to |
| 13 | | discharge any individual, or
otherwise disadvantage any |
| 14 | | individual, with respect to compensation, terms,
conditions or |
| 15 | | privileges of employment because the individual uses lawful
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| 16 | | products off the premises of the employer during nonworking |
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| 1 | | hours.
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| 2 | | (b) This Section does not apply to any employer that is a |
| 3 | | non-profit
organization that, as one of its primary purposes or |
| 4 | | objectives,
discourages the use of one or more lawful products |
| 5 | | by the general public. This Section does not apply to any |
| 6 | | for-profit employer that, as its sole business purpose or |
| 7 | | objective, provides medical or hospital treatment to patients |
| 8 | | who have a cancerous condition, and that refuses to hire or |
| 9 | | discharges any individual, or otherwise disadvantages any |
| 10 | | individual, with respect to compensation, terms, conditions, |
| 11 | | or privileges of employment because the individual uses tobacco |
| 12 | | products, including cigarettes, pipes, cigars, chewing |
| 13 | | tobacco, snus, snuff, clove cigarettes, electronic cigarettes, |
| 14 | | and similar products.
This Section does not apply to the use of |
| 15 | | those lawful products which
impairs an employee's ability to |
| 16 | | perform the employee's assigned duties.
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| 17 | | (c) It is not a violation of this Section for an employer |
| 18 | | to offer,
impose or have in effect a health, disability or life |
| 19 | | insurance policy that
makes distinctions between employees for |
| 20 | | the type of coverage or the price
of coverage based upon the |
| 21 | | employees' use of lawful products provided that:
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| 22 | | (1) differential premium rates charged employees |
| 23 | | reflect a
differential cost to the employer; and
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| 24 | | (2) employers provide employees with a statement |
| 25 | | delineating the
differential rates used by insurance |
| 26 | | carriers.
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