SB2312sam002 98TH GENERAL ASSEMBLY

Sen. David S. Luechtefeld

Filed: 4/15/2013

09800SB2312sam002 LRB098 09518 DRJ 44564 a

AMENDMENT TO SENATE BILL 2312

AMENDMENT NO. ______. Amend Senate Bill 2312, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Right to Privacy in the Workplace Act is amended by changing Section 5 as follows:

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

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

(a) Except as otherwise specifically provided by law and except as provided in subsections (b) and (c) of this Section, it shall be unlawful for an employer to refuse to hire or to discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, conditions or privileges of employment because the individual uses lawful products off the premises of the employer during nonworking hours.

(b) (1) This Section does not apply to any employer that is a non-profit organization that, as one of its primary purposes or objectives, discourages the use of one or more lawful products by the general public. This Section does not apply to the use of those lawful products which impairs an employee's ability to perform the employee's assigned duties.

(2)(A) This Section does not apply to any employer that, as its business purpose or objective, provides medical or hospital treatment to patients who have a cancerous condition, that administers a saliva or urine test, or both, for tobacco use, and that:

(i) refuses to hire any individual on or after the effective date of this amendatory Act of the 98th General Assembly because the individual uses a tobacco product; or

(ii) discharges any individual who was hired on or after the effective date of this amendatory Act of the 98th General Assembly because the individual uses a tobacco product, or otherwise disadvantages any individual who was hired on or after the effective date of this amendatory Act of the 98th General Assembly with respect to compensation, terms, conditions, or privileges of employment because the individual uses a tobacco product.

(B) An employer described in this paragraph (2) may enforce an action described in item (i) or (ii) of subparagraph (A) as long as the action taken:

(i) relates to a bona fide occupational requirement and is reasonably related to employment activities and responsibilities of a particular employee or group of employees; or

(ii) is necessary to avoid a conflict of interest or the appearance of a conflict of interest with any responsibilities owed by the employee to the employer.

(C) An employer described in this paragraph (2) shall:

(i) publish a statement notifying employees and prospective employees of the employer's policy on tobacco use, including, but not limited to, the employer's enforcement mechanisms, the frequency of testing, and any adverse actions that could be taken against an employee for violations of the policy and the employee's rights to appeal any adverse actions;

(ii) provide written notification to employees and prospective employees that, as a condition of employment, an employee must abide by the terms of the statement; and

(iii) establish a tobacco free awareness program to educate employees about the employer's policy and to provide tobacco cessation counseling and assistance.

(D) As used in this paragraph (2), "tobacco product" includes cigarettes, pipes, cigars, chewing tobacco, snus, snuff, clove cigarettes, electronic cigarettes, and similar products.

(3) This Section does not apply to the use of those lawful products which impairs an employee's ability to perform the employee's assigned duties.

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

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

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

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

Section 99. Effective date. This Act takes effect upon becoming law.".