Illinois General Assembly - Full Text of SB2945
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Full Text of SB2945  97th General Assembly




SB2945 EnrolledLRB097 17926 RPM 63149 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Right to Privacy in the Workplace Act is
5amended by changing Section 5 as follows:
6    (820 ILCS 55/5)  (from Ch. 48, par. 2855)
7    Sec. 5. Discrimination for use of lawful products
9    (a) Except as otherwise specifically provided by law and
10except as provided in subsections (b) and (c) of this Section,
11it shall be unlawful for an employer to refuse to hire or to
12discharge any individual, or otherwise disadvantage any
13individual, with respect to compensation, terms, conditions or
14privileges of employment because the individual uses lawful
15products off the premises of the employer during nonworking
17    (b) This Section does not apply to any employer that is a
18non-profit organization that, as one of its primary purposes or
19objectives, discourages the use of one or more lawful products
20by the general public. This Section does not apply to any
21for-profit employer that, as its sole business purpose or
22objective, provides medical or hospital treatment to patients
23who have a cancerous condition, and that refuses to hire or



SB2945 Enrolled- 2 -LRB097 17926 RPM 63149 b

1discharges any individual, or otherwise disadvantages any
2individual, with respect to compensation, terms, conditions,
3or privileges of employment because the individual uses tobacco
4products, including cigarettes, pipes, cigars, chewing
5tobacco, snus, snuff, clove cigarettes, electronic cigarettes,
6and similar products. This Section does not apply to the use of
7those lawful products which impairs an employee's ability to
8perform the employee's assigned duties.
9    (c) It is not a violation of this Section for an employer
10to offer, impose or have in effect a health, disability or life
11insurance policy that makes distinctions between employees for
12the type of coverage or the price of coverage based upon the
13employees' use of lawful products provided that:
14        (1) differential premium rates charged employees
15    reflect a differential cost to the employer; and
16        (2) employers provide employees with a statement
17    delineating the differential rates used by insurance
18    carriers.
19(Source: P.A. 87-807.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.