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| Public Act 103-0282 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Gender Violence Act is amended by changing | ||||
Sections 5 and 20 and by adding Section 11 as follows:
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(740 ILCS 82/5)
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Sec. 5. Definitions Definition. In this Act: ,
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"Employee" has the meaning provided in Section 2-101 of | ||||
the Illinois Human Rights Act. | ||||
"Employer" has the meaning provided in Section 2-101 of | ||||
the Illinois Human Rights Act. | ||||
"Gender-related gender-related violence", which is a form | ||||
of sex
discrimination, means the following:
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(1) One or more acts of violence or physical
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aggression satisfying the elements of battery under the
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laws of Illinois that are committed, at least in part, on
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the basis of a person's sex,
whether or not those acts have | ||||
resulted in
criminal
charges, prosecution, or conviction.
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(2) A physical intrusion or physical invasion of a
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sexual nature under coercive conditions satisfying the
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elements of battery under the laws of Illinois, whether
or | ||||
not the act or acts resulted in criminal charges,
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prosecution, or conviction.
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(2.5) Domestic violence, as defined in the Victims' | ||
Economic Security and Safety Act.
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(3) A threat of an act described in item (1), or
(2), | ||
or (2.5) causing a realistic apprehension that the | ||
originator
of the threat will commit the act.
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"Workplace" means the employer's premises, including any | ||
building, real property, and parking area under the control of | ||
the employer, or any location used by an employee while in the | ||
performance of the employee's job duties. "Workplace" includes | ||
activities occurring off-premises at employer-sponsored events | ||
where an employee is not performing the employee's job duties. | ||
(Source: P.A. 93-416, eff. 1-1-04.)
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(740 ILCS 82/11 new) | ||
Sec. 11. Employer liability for an employee or agent. | ||
(a) An employer is only liable for gender-related violence | ||
committed in the workplace by an employee or agent of the | ||
employer when the interaction giving rise to the | ||
gender-related violence arises out of and in the course of | ||
employment with the employer. Liability only extends to | ||
gender-related violence that occurs: (i) while the employee | ||
was directly performing the employee's job duties and the | ||
gender-related violence was the proximate cause of the injury; | ||
or (ii) while the agent of the employer was directly involved | ||
in the gender-related violence and the performance of the | ||
contracted work was the proximate cause of the injury. | ||
Proximate cause exists when the actions of the employee or the | ||
agent of the employer were a substantial factor in causing the | ||
injury. | ||
An employer is liable if the employer has acted in a manner | ||
inconsistent with how a reasonable person would act under | ||
similar circumstances. | ||
(b) Notwithstanding subsection (a), an employer is only | ||
liable for gender-related violence if the employer: | ||
(1) failed to supervise, train, or monitor the | ||
employee who engaged in the gender-related violence. An | ||
employer providing training pursuant to Section 2-109 of | ||
the Illinois Human Rights Act shall have an affirmative | ||
defense that adequate training was provided to the | ||
employee; or | ||
(2) failed to investigate complaints or reports | ||
directly provided to a supervisor, manager, owner, or | ||
another person designated by the employer of similar | ||
conduct by an employee or agent of the employer and the | ||
employer failed to take remedial measures in response to | ||
the complaints or reports. | ||
(c) Nothing in this Act precludes a person who has been the | ||
victim of gender-related violence from pursuing any other | ||
right or cause of action created by statute or common law.
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(740 ILCS 82/20)
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Sec. 20. Limitation. An action by an individual based on | ||
gender-related violence as
defined
in
paragraph (1), or (2), | ||
or (2.5) of Section 5 must be commenced within 7 years after | ||
the
cause of
action accrued, except that if the person | ||
entitled to bring the action was a
minor at the
time the cause | ||
of action accrued, the action must be commenced within 7 years
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after the
person reaches the age of 18. An action based on | ||
gender-related violence as
defined in
paragraph (3) of Section | ||
5 must be commenced within 2 years after the cause of
action
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accrued, except that if the person entitled to bring the | ||
action was a minor at
the time the
cause of action accrued, the | ||
action must be commenced within 2 years after the
person
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reaches the age of 18. An action against an employer pursuant | ||
to Section 11 must be commenced within 4 years after the cause | ||
of action accrued, except that if the person entitled to bring | ||
the action was a minor at the time the cause of action accrued, | ||
the action must be commenced within 4 years after the person | ||
reaches the age of 18.
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(Source: P.A. 93-416, eff. 1-1-04.)
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