SB2312sam001 98TH GENERAL ASSEMBLY

Sen. David S. Luechtefeld

Filed: 3/15/2013

09800SB2312sam001 LRB098 09518 JLS 43178 a

AMENDMENT TO SENATE BILL 2312

AMENDMENT NO. ______. Amend Senate Bill 2312 by replacing everything after the enacting clause with the following:

"Section 5. 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)(1) 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.

(2) This Section does not apply to any employer that, as its business purpose or objective, provides medical or hospital treatment to patients who have a cancerous condition, that gives new employees blood tests for tobacco use, and that:

(A) refuses to hire any individual on or after the effective date of this amendatory Act of the 98th General Assembly because the individual uses a tobacco product; or

(B) discharges any individual who was hired on or after the effective date of this amendatory Act of the 98th General Assembly because the individual uses a tobacco product or otherwise disadvantages any individual who was hired on or after the effective date of this amendatory Act of the 98th General Assembly with respect to compensation, terms, conditions, or privileges of employment because the individual uses a tobacco product.

An employer described in this paragraph (2) that takes any of the adverse actions described in subparagraph (B) of this paragraph (2) must give its employees the right to appeal those adverse actions.

As used in this paragraph (2), "tobacco product" includes cigarettes, pipes, cigars, chewing tobacco, snus, snuff, clove cigarettes, electronic cigarettes, and similar products.

(3) 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.)

Section 99. Effective date. This Act takes effect upon becoming law.".