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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1 | (Source: P.A. 87-807.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
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