SB2945 97TH GENERAL ASSEMBLY

LRB097 17926 RPM 63149 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2945

Introduced 2/1/2012, by Sen. Dan Duffy

SYNOPSIS AS INTRODUCED:

410 ILCS 82/55
820 ILCS 55/5	from Ch. 48, par. 2855

Amends the Smoke Free Illinois Act and the Right to Privacy in the Workplace Act to exempt from certain prohibitions against discrimination any employer that, as its primary purposes or objectives, provides medical or hospital treatment to patients who have a cancerous condition.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Smoke Free Illinois Act is amended by changing Section 55 as follows:

(410 ILCS 82/55)

Sec. 55. Discrimination prohibited. No individual may be discriminated against in any manner because of the exercise of any rights afforded by this Act. This Section does not apply to any employer that, as its primary purposes or objectives, provides medical or hospital treatment to patients who have a cancerous condition.

(Source: P.A. 95-17, eff. 1-1-08.)

Section 10. 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) 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 or to any employer that, as its primary purposes or objectives, provides medical or hospital treatment to patients who have a cancerous condition. 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.)