Sen. David S. Luechtefeld

Filed: 4/15/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2312

2    AMENDMENT NO. ______. Amend Senate Bill 2312, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Right to Privacy in the Workplace Act is
6amended by changing Section 5 as follows:
 
7    (820 ILCS 55/5)  (from Ch. 48, par. 2855)
8    Sec. 5. Discrimination for use of lawful products
9prohibited.
10    (a) Except as otherwise specifically provided by law and
11except as provided in subsections (b) and (c) of this Section,
12it shall be unlawful for an employer to refuse to hire or to
13discharge any individual, or otherwise disadvantage any
14individual, with respect to compensation, terms, conditions or
15privileges of employment because the individual uses lawful
16products off the premises of the employer during nonworking

 

 

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1hours.
2    (b) (1) This Section does not apply to any employer that is
3a non-profit organization that, as one of its primary purposes
4or objectives, discourages the use of one or more lawful
5products by the general public. This Section does not apply to
6the use of those lawful products which impairs an employee's
7ability to perform the employee's assigned duties.
8    (2)(A) This Section does not apply to any employer that, as
9its business purpose or objective, provides medical or hospital
10treatment to patients who have a cancerous condition, that
11administers a saliva or urine test, or both, for tobacco use,
12and that:
13        (i) refuses to hire any individual on or after the
14    effective date of this amendatory Act of the 98th General
15    Assembly because the individual uses a tobacco product; or
16        (ii) discharges any individual who was hired on or
17    after the effective date of this amendatory Act of the 98th
18    General Assembly because the individual uses a tobacco
19    product, or otherwise disadvantages any individual who was
20    hired on or after the effective date of this amendatory Act
21    of the 98th General Assembly with respect to compensation,
22    terms, conditions, or privileges of employment because the
23    individual uses a tobacco product.
24    (B) An employer described in this paragraph (2) may enforce
25an action described in item (i) or (ii) of subparagraph (A) as
26long as the action taken:

 

 

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1        (i) relates to a bona fide occupational requirement and
2    is reasonably related to employment activities and
3    responsibilities of a particular employee or group of
4    employees; or
5        (ii) is necessary to avoid a conflict of interest or
6    the appearance of a conflict of interest with any
7    responsibilities owed by the employee to the employer.
8    (C) An employer described in this paragraph (2) shall:
9        (i) publish a statement notifying employees and
10    prospective employees of the employer's policy on tobacco
11    use, including, but not limited to, the employer's
12    enforcement mechanisms, the frequency of testing, and any
13    adverse actions that could be taken against an employee for
14    violations of the policy and the employee's rights to
15    appeal any adverse actions;
16        (ii) provide written notification to employees and
17    prospective employees that, as a condition of employment,
18    an employee must abide by the terms of the statement; and
19        (iii) establish a tobacco free awareness program to
20    educate employees about the employer's policy and to
21    provide tobacco cessation counseling and assistance.
22    (D) As used in this paragraph (2), "tobacco product"
23includes cigarettes, pipes, cigars, chewing tobacco, snus,
24snuff, clove cigarettes, electronic cigarettes, and similar
25products.
26    (3) This Section does not apply to the use of those lawful

 

 

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1products which impairs an employee's ability to perform the
2employee's assigned duties.
3    (c) It is not a violation of this Section for an employer
4to offer, impose or have in effect a health, disability or life
5insurance policy that makes distinctions between employees for
6the type of coverage or the price of coverage based upon the
7employees' use of lawful products provided that:
8        (1) differential premium rates charged employees
9    reflect a differential cost to the employer; and
10        (2) employers provide employees with a statement
11    delineating the differential rates used by insurance
12    carriers.
13(Source: P.A. 87-807.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".