Full Text of SB2312 98th General Assembly
SB2312sam001 98TH GENERAL ASSEMBLY | Sen. David S. Luechtefeld Filed: 3/15/2013
| | 09800SB2312sam001 | | LRB098 09518 JLS 43178 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2312
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2312 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Right to Privacy in the Workplace Act is | 5 | | amended 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 | 8 | | prohibited.
| 9 | | (a) Except as otherwise specifically provided by law and | 10 | | except as
provided in subsections (b) and (c) of this Section, | 11 | | it shall be unlawful
for an employer to refuse to hire or to | 12 | | discharge any individual, or
otherwise disadvantage any | 13 | | individual, with respect to compensation, terms,
conditions or | 14 | | privileges of employment because the individual uses lawful
| 15 | | products off the premises of the employer during nonworking | 16 | | hours.
|
| | | 09800SB2312sam001 | - 2 - | LRB098 09518 JLS 43178 a |
|
| 1 | | (b) (1) This Section does not apply to any employer that is | 2 | | a non-profit
organization that, as one of its primary purposes | 3 | | or objectives,
discourages the use of one or more lawful | 4 | | products by the general public. | 5 | | (2) This Section does not apply to any employer that, as | 6 | | its business purpose or objective, provides medical or hospital | 7 | | treatment to patients who have a cancerous condition, that | 8 | | gives new employees blood tests for tobacco use, and that: | 9 | | (A) refuses to hire any individual on or after the | 10 | | effective date of this amendatory Act of the 98th General | 11 | | Assembly because the individual uses a tobacco product; or | 12 | | (B) discharges any individual who was hired on or after | 13 | | the effective date of this amendatory Act of the 98th | 14 | | General Assembly because the individual uses a tobacco | 15 | | product or otherwise disadvantages any individual who was | 16 | | hired on or after the effective date of this amendatory Act | 17 | | of the 98th General Assembly with respect to compensation, | 18 | | terms, conditions, or privileges of employment because the | 19 | | individual uses a tobacco product. | 20 | | An employer described in this paragraph (2) that takes any | 21 | | of the adverse actions described in subparagraph (B) of this | 22 | | paragraph (2) must give its employees the right to appeal those | 23 | | adverse actions. | 24 | | As used in this paragraph (2), "tobacco product" includes | 25 | | cigarettes, pipes, cigars, chewing tobacco, snus, snuff, clove | 26 | | cigarettes, electronic cigarettes, and similar products.
|
| | | 09800SB2312sam001 | - 3 - | LRB098 09518 JLS 43178 a |
|
| 1 | | (3) This Section does not apply to the use of those lawful | 2 | | products which
impairs an employee's ability to perform the | 3 | | employee's assigned duties.
| 4 | | (c) It is not a violation of this Section for an employer | 5 | | to offer,
impose or have in effect a health, disability or life | 6 | | insurance policy that
makes distinctions between employees for | 7 | | the type of coverage or the price
of coverage based upon the | 8 | | employees' use of lawful products provided that:
| 9 | | (1) differential premium rates charged employees | 10 | | reflect a
differential cost to the employer; and
| 11 | | (2) employers provide employees with a statement | 12 | | delineating the
differential rates used by insurance | 13 | | carriers.
| 14 | | (Source: P.A. 87-807.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
|
|