Full Text of SB2312 98th General Assembly
SB2312sam002 98TH GENERAL ASSEMBLY | Sen. David S. Luechtefeld Filed: 4/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 2312
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2312, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Right to Privacy in the Workplace Act is | 6 | | amended by changing Section 5 as follows:
| 7 | | (820 ILCS 55/5) (from Ch. 48, par. 2855)
| 8 | | Sec. 5. Discrimination for use of lawful products | 9 | | prohibited.
| 10 | | (a) Except as otherwise specifically provided by law and | 11 | | except as
provided in subsections (b) and (c) of this Section, | 12 | | it shall be unlawful
for an employer to refuse to hire or to | 13 | | discharge any individual, or
otherwise disadvantage any | 14 | | individual, with respect to compensation, terms,
conditions or | 15 | | privileges of employment because the individual uses lawful
| 16 | | products off the premises of the employer during nonworking |
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| 1 | | hours.
| 2 | | (b) (1) This Section does not apply to any employer that is | 3 | | a non-profit
organization that, as one of its primary purposes | 4 | | or objectives,
discourages the use of one or more lawful | 5 | | products by the general public.
This Section does not apply to | 6 | | the use of those lawful products which
impairs an employee's | 7 | | ability to perform the employee's assigned duties. | 8 | | (2)(A) This Section does not apply to any employer that, as
| 9 | | its business purpose or objective, provides medical or hospital | 10 | | treatment to patients who have a cancerous condition, that | 11 | | administers a saliva or urine test, or both, for tobacco use, | 12 | | and that: | 13 | | (i) refuses to hire any individual on or after the
| 14 | | effective date of this amendatory Act of the 98th General | 15 | | Assembly because the individual uses a tobacco product; or | 16 | | (ii) discharges any individual who was hired on or | 17 | | after the effective date of this amendatory Act of the 98th | 18 | | General Assembly because the individual uses a tobacco | 19 | | product, or otherwise disadvantages any individual who was | 20 | | hired on or after the effective date of this amendatory Act | 21 | | of the 98th General Assembly with respect to compensation, | 22 | | terms, conditions, or privileges of employment because the
| 23 | | individual uses a tobacco product. | 24 | | (B) An employer described in this paragraph (2) may enforce | 25 | | an action described in item (i) or (ii) of subparagraph (A) as | 26 | | long as the action taken: |
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| 1 | | (i) relates to a bona fide occupational requirement and | 2 | | is reasonably related to employment activities and | 3 | | responsibilities of a particular employee or group of | 4 | | employees; or | 5 | | (ii) is necessary to avoid a conflict of interest or | 6 | | the appearance of a conflict of interest with any | 7 | | responsibilities owed by the employee to the employer. | 8 | | (C) An employer described in this paragraph (2) shall: | 9 | | (i) publish a statement notifying employees and | 10 | | prospective employees of the employer's policy on tobacco | 11 | | use, including, but not limited to, the employer's | 12 | | enforcement mechanisms, the frequency of testing, and any | 13 | | adverse actions that could be taken against an employee for | 14 | | violations of the policy and the employee's rights to | 15 | | appeal any adverse actions; | 16 | | (ii) provide written notification to employees and | 17 | | prospective employees that, as a condition of employment, | 18 | | an employee must abide by the terms of the statement; and | 19 | | (iii) establish a tobacco free awareness program to | 20 | | educate employees about the employer's policy and to | 21 | | provide tobacco cessation counseling and assistance. | 22 | | (D) As used in this paragraph (2), "tobacco product" | 23 | | includes
cigarettes, pipes, cigars, chewing tobacco, snus, | 24 | | snuff, clove
cigarettes, electronic cigarettes, and similar | 25 | | products. | 26 | | (3) This Section does not apply to the use of those lawful
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| 1 | | products which impairs an employee's ability to perform the
| 2 | | employee's assigned duties.
| 3 | | (c) It is not a violation of this Section for an employer | 4 | | to offer,
impose or have in effect a health, disability or life | 5 | | insurance policy that
makes distinctions between employees for | 6 | | the type of coverage or the price
of coverage based upon the | 7 | | employees' use of lawful products provided that:
| 8 | | (1) differential premium rates charged employees | 9 | | reflect a
differential cost to the employer; and
| 10 | | (2) employers provide employees with a statement | 11 | | delineating the
differential rates used by insurance | 12 | | carriers.
| 13 | | (Source: P.A. 87-807.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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