Illinois General Assembly - Full Text of SB3038
Illinois General Assembly

Previous General Assemblies

Full Text of SB3038  98th General Assembly


Rep. Ron Sandack

Filed: 5/20/2014





09800SB3038ham001LRB098 16985 JLS 59791 a


2    AMENDMENT NO. ______. Amend Senate Bill 3038 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Victims' Economic Security and Safety Act
5is amended by changing Section 30 as follows:
6    (820 ILCS 180/30)
7    Sec. 30. Victims' employment sustainability; prohibited
8discriminatory acts.
9    (a) An employer shall not fail to hire, refuse to hire,
10discharge, constructively discharge, or harass any individual,
11otherwise discriminate against any individual with respect to
12the compensation, terms, conditions, or privileges of
13employment of the individual, or retaliate against an
14individual in any form or manner, and a public agency shall not
15deny, reduce, or terminate the benefits of, otherwise sanction,
16or harass any individual, otherwise discriminate against any



09800SB3038ham001- 2 -LRB098 16985 JLS 59791 a

1individual with respect to the amount, terms, or conditions of
2public assistance of the individual, or retaliate against an
3individual in any form or manner, because:
4        (1) the individual involved:
5            (A) is or is perceived to be a victim of domestic
6        or sexual violence;
7            (B) attended, participated in, prepared for, or
8        requested leave to attend, participate in, or prepare
9        for a criminal or civil court proceeding relating to an
10        incident of domestic or sexual violence of which the
11        individual or a family or household member of the
12        individual was a victim, or requested or took leave for
13        any other reason provided under Section 20; or
14            (C) requested an adjustment to a job structure,
15        workplace facility, or work requirement, including a
16        transfer, reassignment, or modified schedule, leave, a
17        changed telephone number or seating assignment,
18        installation of a lock, or implementation of a safety
19        procedure in response to actual or threatened domestic
20        or sexual violence, regardless of whether the request
21        was granted; or
22            (D) is an employee whose employer is subject to
23        Section 21 of the Workplace Violence Prevention Act; or
24        (2) the workplace is disrupted or threatened by the
25    action of a person whom the individual states has committed
26    or threatened to commit domestic or sexual violence against



09800SB3038ham001- 3 -LRB098 16985 JLS 59791 a

1    the individual or the individual's family or household
2    member.
3    (b) In this Section:
4        (1) "Discriminate", used with respect to the terms,
5    conditions, or privileges of employment or with respect to
6    the terms or conditions of public assistance, includes not
7    making a reasonable accommodation to the known limitations
8    resulting from circumstances relating to being a victim of
9    domestic or sexual violence or a family or household member
10    being a victim of domestic or sexual violence of an
11    otherwise qualified individual:
12            (A) who is:
13                (i) an applicant or employee of the employer
14            (including a public agency); or
15                (ii) an applicant for or recipient of public
16            assistance from a public agency; and
17            (B) who is:
18                (i) a victim of domestic or sexual violence; or
19                (ii) with a family or household member who is a
20            victim of domestic or sexual violence whose
21            interests are not adverse to the individual in
22            subparagraph (A) as it relates to the domestic or
23            sexual violence;
24    unless the employer or public agency can demonstrate that
25    the accommodation would impose an undue hardship on the
26    operation of the employer or public agency.



09800SB3038ham001- 4 -LRB098 16985 JLS 59791 a

1        A reasonable accommodation must be made in a timely
2    fashion. Any exigent circumstances or danger facing the
3    employee or his or her family or household member shall be
4    considered in determining whether the accommodation is
5    reasonable.
6        (2) "Qualified individual" means:
7            (A) in the case of an applicant or employee
8        described in paragraph (1)(A)(i), an individual who,
9        but for being a victim of domestic or sexual violence
10        or with a family or household member who is a victim of
11        domestic or sexual violence, can perform the essential
12        functions of the employment position that such
13        individual holds or desires; or
14            (B) in the case of an applicant or recipient
15        described in paragraph (1)(A)(ii), an individual who,
16        but for being a victim of domestic or sexual violence
17        or with a family or household member who is a victim of
18        domestic or sexual violence, can satisfy the essential
19        requirements of the program providing the public
20        assistance that the individual receives or desires.
21        (3) "Reasonable accommodation" may include an
22    adjustment to a job structure, workplace facility, or work
23    requirement, including a transfer, reassignment, or
24    modified schedule, leave, a changed telephone number or
25    seating assignment, installation of a lock, or
26    implementation of a safety procedure, or assistance in



09800SB3038ham001- 5 -LRB098 16985 JLS 59791 a

1    documenting domestic or sexual violence that occurs at the
2    workplace or in work-related settings, in response to
3    actual or threatened domestic or sexual violence.
4        (4) Undue hardship.
5            (A) In general. "Undue hardship" means an action
6        requiring significant difficulty or expense, when
7        considered in light of the factors set forth in
8        subparagraph (B).
9            (B) Factors to be considered. In determining
10        whether a reasonable accommodation would impose an
11        undue hardship on the operation of an employer or
12        public agency, factors to be considered include:
13                (i) the nature and cost of the reasonable
14            accommodation needed under this Section;
15                (ii) the overall financial resources of the
16            facility involved in the provision of the
17            reasonable accommodation, the number of persons
18            employed at such facility, the effect on expenses
19            and resources, or the impact otherwise of such
20            accommodation on the operation of the facility;
21                (iii) the overall financial resources of the
22            employer or public agency, the overall size of the
23            business of an employer or public agency with
24            respect to the number of employees of the employer
25            or public agency, and the number, type, and
26            location of the facilities of an employer or public



09800SB3038ham001- 6 -LRB098 16985 JLS 59791 a

1            agency; and
2                (iv) the type of operation of the employer or
3            public agency, including the composition,
4            structure, and functions of the workforce of the
5            employer or public agency, the geographic
6            separateness of the facility from the employer or
7            public agency, and the administrative or fiscal
8            relationship of the facility to the employer or
9            public agency.
10    (c) An employer subject to Section 21 of the Workplace
11Violence Prevention Act shall not violate any provisions of the
12Workplace Violence Prevention Act.
13(Source: P.A. 96-635, eff. 8-24-09.)
14    Section 10. The Workplace Violence Prevention Act is
15amended by changing Sections 10, 15, 20, 25, 30, and 35 and by
16adding Sections 21, 40, 45, 50, 55, 60, 65, 70, 75, 80, 85, 90,
1795, 100, 105, 110, 115, 120, 125, and 130 as follows:
18    (820 ILCS 275/10)
19    Sec. 10. Definitions. As used in this Act:
20    "Credible threat of violence" means a statement or course
21of conduct that does not serve a legitimate purpose and that
22causes a reasonable person to fear for the person's safety at
23his or her workplace or for the safety of others at his or her
24workplace the person's immediate family.



09800SB3038ham001- 7 -LRB098 16985 JLS 59791 a

1    "Employee" means:
2        (1) a person employed or permitted to work or perform a
3    service for remuneration;
4        (2) a member of a board of directors of any
5    organization;
6        (3) an elected or appointed public officer; and
7        (4) a volunteer, independent contractor, agency
8    worker, or any other person who performs services for an
9    employer at the employer's place of work.
10    "Employer" means an individual, partnership, association,
11limited liability company, corporation, business trust, the
12State, a governmental agency, or a political subdivision that
13has at least 15 5 employees during any work week.
14    "Petitioner" means any employer who commences a proceeding
15for a workplace protection restraining order.
16    "Respondent" means a person against whom a workplace
17protection restraining order proceeding has been commenced.
18    "Workplace" or "place of work" means any property that is
19owned or leased by the employer and at which the official
20business of the petitioner is conducted.
21    "Unlawful violence" means any act of violence, harassment,
22or stalking as defined by the Criminal Code of 2012 laws of
23this State.
24(Source: P.A. 98-430, eff. 1-1-14.)
25    (820 ILCS 275/15)



09800SB3038ham001- 8 -LRB098 16985 JLS 59791 a

1    Sec. 15. Employer's right to a workplace protection
2restraining order of protection. An employer may seek a
3workplace protection restraining an order of protection to
4prohibit further violence or threats of violence by the
5respondent a person if:
6        (1) an the employee has suffered unlawful violence and
7    the respondent has made a credible threat of violence to be
8    carried out at the employee's workplace; or a credible
9    threat of violence from the person; and
10        (2) an employee believes that the respondent has made a
11    credible threat of violence to be carried out at the
12    employee's workplace; or
13        (3) an the unlawful act of violence has been carried
14    out at the workplace employee's place of work or the
15    respondent has made a credible threat of violence at the
16    workplace credible threat of violence can reasonably be
17    constructed to be carried out at the employee's place of
18    work by the person.
19(Source: P.A. 98-430, eff. 1-1-14.)
20    (820 ILCS 275/20)
21    Sec. 20. Affidavit Irreparable harm. An employer may obtain
22a workplace protection restraining order if the employer files
23an affidavit that shows by a preponderance of the evidence
25        (1) the conditions of Section 15 of this Act have been



09800SB3038ham001- 9 -LRB098 16985 JLS 59791 a

1    met;
2        (2) if the petitioner is seeking an emergency order,
3    great or irreparable harm has been suffered, will be
4    suffered, or is likely to be suffered by an employee at the
5    workplace;
6        (3) if the employer is seeking a workplace protection
7    restraining order involving an employee who is a victim of
8    unlawful violence by a family or household member as
9    defined by item (6) of Section 103 of the Illinois Domestic
10    Violence Act of 1986, the conditions of Section 21 of this
11    Act have been met. An employer may obtain an order of
12    protection under the Illinois Domestic Violence Act of 1986
13    if the employer:
14        (1) files an affidavit that shows, to the satisfaction
15    of the court, reasonable proof that an employee has
16    suffered either unlawful violence or a credible threat of
17    violence by the defendant; and
18        (2) demonstrates that great or irreparable harm has
19    been suffered, will be suffered, or is likely to be
20    suffered by the employee.
21(Source: P.A. 98-430, eff. 1-1-14.)
22    (820 ILCS 275/21 new)
23    Sec. 21. Employee notification.
24    (a) In cases in which an employer is seeking a workplace
25protection restraining order involving an employee who is a



09800SB3038ham001- 10 -LRB098 16985 JLS 59791 a

1victim of unlawful violence by a family or household member as
2defined by item (6) of Section 103 of the Illinois Domestic
3Violence Act of 1986 or is an employee who is a victim of
4unlawful violence as proscribed in Article 11 or Sections
512-7.3, 12-7.4, and 12-7.5 of the Criminal Code of 2012, the
6employer shall:
7        (1) prior to the filing of the petition, notify the
8    employee in writing of the employer's intent to seek a
9    workplace protection restraining order; and
10        (2) conduct a direct verbal consultation in
11    conversation with the employee prior to seeking a workplace
12    protection restraining order under this Act to determine
13    whether any safety or well-being concerns exist in relation
14    to the employer's pursuit of the order or whether seeking
15    the order may interfere with the employee's own legal
16    actions.
17    If, after direct verbal consultation in conversation with
18the employee, the employee does not give the employer full and
19voluntary consent to seek a workplace protection restraining
20order, the employer shall not file for that order until a 4-day
21waiting period has elapsed following the date of the direct
22consultation. The 4-day waiting period does not apply if there
23is an immediate threat of imminent physical harm to the work
24site and the petitioner is seeking an emergency order.
25    (b) Employers subject to the Victims' Economic Security and
26Safety Act shall additionally include in the written notice to



09800SB3038ham001- 11 -LRB098 16985 JLS 59791 a

1the employee in subsection (a) the following: "As your
2employer, we are subject to the Victims' Economic Security and
3Safety Act, which includes provisions for leave,
4accommodations, and prohibitions against discrimination, and
5we are notifying you of your rights under this Act. A summary
6of your rights under the Victims' Economic Security and Safety
7Act is provided on the workplace poster we are required under
8law to post in your workplace."
9    (820 ILCS 275/25)
10    Sec. 25. Remedies. Employer remedies under this Act are
11limited to a workplace protection restraining an order of
12protection. Nothing in this Act, however, waives, reduces, or
13diminishes any other civil or criminal remedy available to an
14employer under any other mechanism. A workplace protection
15restraining order issued by the court may:
16        (1) Prohibit the respondent's unlawful violence in the
17    workplace, including ordering the respondent to stay away
18    from the workplace. When the respondent is employed at the
19    workplace location, the court, when issuing a workplace
20    protection restraining order, shall consider the severity
21    of the act and any continuing physical danger or emotional
22    distress to any employee in the workplace.
23        (2) Upon notice to the respondent, order the respondent
24    to pay the petitioner for property losses suffered as a
25    direct result of the actions of the respondent. Such losses



09800SB3038ham001- 12 -LRB098 16985 JLS 59791 a

1    include, but are not limited to, repair or replacement of
2    property damaged or taken, reasonable attorney's fees, and
3    court costs to recover the property losses.
4    The remedies provided in this Section are in addition to
5other civil or criminal remedies available to the employer.
6(Source: P.A. 98-430, eff. 1-1-14.)
7    (820 ILCS 275/30)
8    Sec. 30. Action for workplace protection restraining order
9Jurisdiction; venue; procedure; enforcement.
10    (a) An action for a workplace protection restraining order
11may be commenced independently by filing a petition for a
12workplace protection restraining order in any civil court,
13unless specific courts are designated by local rule or order.
14    (b) The clerk of the circuit court shall charge fees in
15accordance with the Clerks of Courts Act.
16    (c) Notwithstanding the requirements of Section 20 of this
17Act, if the specific address or geographic location of the
18workplace is not currently known to the respondent due to the
19efforts by the employer or the employee to minimize the threat
20of unlawful violence to the employee, and the petition provides
21that disclosure of the employee's current workplace would risk
22violence, the workplace address may be omitted from all
23documents filed with the court. If the petitioner does not
24disclose the workplace address, the petitioner shall designate
25an alternative address at which the respondent may serve notice



09800SB3038ham001- 13 -LRB098 16985 JLS 59791 a

1of any motions.
2    (d) Any proceeding to obtain, modify, reopen, or appeal a
3workplace protection restraining order shall be governed by the
4rules of civil procedure of this State. The standard of proof
5in such a proceeding is proof by a preponderance of the
6evidence. The Code of Civil Procedure and Supreme Court and
7local rules applicable to civil proceedings apply.
8    (e) There is no right to trial by jury in any proceeding to
9obtain, modify, vacate, or extend any workplace protection
10restraining order under this Act. Issues of jurisdiction,
11venue, procedure, and enforcement shall be governed by the
12Illinois Domestic Violence Act of 1986.
13(Source: P.A. 98-430, eff. 1-1-14.)
14    (820 ILCS 275/35)
15    Sec. 35. Subject matter jurisdiction Law enforcement
16responsibilities. Each of the circuit courts of this State has
17the power to issue workplace protection restraining orders. Law
18enforcement personnel shall have the same responsibilities
19under this Act as are provided in Article 3 of the Illinois
20Domestic Violence Act of 1986.
21(Source: P.A. 98-430, eff. 1-1-14.)
22    (820 ILCS 275/40 new)
23    Sec. 40. Jurisdiction over persons. The courts of this
24State have jurisdiction to bind: (1) State residents; and (2)



09800SB3038ham001- 14 -LRB098 16985 JLS 59791 a

1non-residents having minimum contacts with this State to the
2extent permitted by Section 2-209 of the Code of Civil
4    (820 ILCS 275/45 new)
5    Sec. 45. Venue. A petition for a workplace protection
6restraining order may be filed in any county where: (i) the
7petitioner resides; (ii) the respondent resides; or (iii) the
8alleged violence occurred.
9    (820 ILCS 275/50 new)
10    Sec. 50. Process.
11    (a) Any action for a workplace protection restraining order
12requires that a separate summons be issued and served. The
13summons shall require the respondent to answer and appear
14within 7 days. Attachments to the summons or notice shall
15include the petition for a workplace protection restraining
16order, supporting affidavits, if any, and any emergency
17workplace protection restraining order that has been issued.
18    (b) The summons shall be served by the sheriff or other law
19enforcement officer at the earliest time possible and shall
20take precedence over other summonses except those of a similar
21emergency nature. A special process server may be appointed at
22any time, and the appointment of a special process server shall
23not affect the responsibilities and authority of the sheriff or
24other official process servers.



09800SB3038ham001- 15 -LRB098 16985 JLS 59791 a

1    (c) Service of summons on a member of the respondent's
2household or by publication is adequate if: (1) the petitioner
3has made all reasonable efforts to accomplish actual service of
4process personally upon the respondent, but the respondent
5cannot be found to effect the service; and (2) the petitioner
6files an affidavit or presents sworn testimony describing those
8    (d) A plenary workplace protection restraining order may be
9entered by default for the remedy sought in the petition if the
10respondent has been served in accordance with subsection (a) of
11this Section or given notice and if the respondent then fails
12to appear as directed or fails to appear on any subsequent
13appearance or hearing date agreed to by the parties or set by
14the court.
15    (e) An employee who has been a victim of domestic violence
16by the respondent is not required to and the court may not
17order the employee to testify, participate in, or appear in
18this process for any purpose.
19    (820 ILCS 275/55 new)
20    Sec. 55. Hearing notice. Except as otherwise provided by
21law or court rule, notice of hearings on petitions or motions
22shall be served upon the respondent in accordance with Supreme
23Court Rules 11 and 12.
24    (820 ILCS 275/60 new)



09800SB3038ham001- 16 -LRB098 16985 JLS 59791 a

1    Sec. 60. Hearings. The court shall treat a petition for a
2workplace protection restraining order as an expedited
3proceeding and may not transfer or otherwise decline to decide
4all or part of the petition. Nothing in this Section prevents
5the court from reserving issues if jurisdiction or notice
6requirements are not met.
7    (820 ILCS 275/65 new)
8    Sec. 65. Continuances.
9    (a) A petition for an emergency workplace protection
10restraining order shall be granted or denied in accordance with
11the standards of Section 70 of this Act, regardless of the
12respondent's appearance or presence in court.
13    (b) Any action for a workplace protection restraining order
14is an expedited proceeding. Continuances shall be granted only
15for good cause shown and kept to a minimum reasonable duration,
16taking into account the reason for the continuance.
17    (820 ILCS 275/70 new)
18    Sec. 70. Emergency order.
19    (a) The court shall issue an emergency workplace protection
20restraining order if the petitioner establishes that:
21        (1) the court has jurisdiction under Section 40 of this
22    Act;
23        (2) the requirements of Sections 15 and 21 of this Act
24    are satisfied; and



09800SB3038ham001- 17 -LRB098 16985 JLS 59791 a

1        (3) there is good cause to grant the remedy, regardless
2    of prior service of notice upon the respondent, because the
3    harm which that remedy is intended to prevent would be
4    likely to occur if the respondent were given prior notice
5    or greater notice than was actually given of the
6    petitioner's efforts to obtain judicial relief.
7    An emergency workplace protection restraining order shall
8be issued by the court if it appears from the contents of the
9petition and the examination of the petitioner that the
10averments are sufficient to indicate irreparable harm under
11Section 20 of this Act by the respondent and to support the
12granting of relief through the issuance of the emergency
13workplace protection restraining order.
14    (b) If the respondent appears in court for the hearing for
15an emergency order, he or she may elect to file a general
16appearance and testify. Any resulting order may be an emergency
17order, governed by this Section. Notwithstanding the
18requirements of this Section, if all requirements of Section 75
19of this Act have been met, the court may issue a plenary order.
20    (c) If the court is unavailable at the close of business,
21the petitioner may file a petition for a 21-day emergency order
22before any available judge who may grant relief under this Act.
23If the judge finds that there is an immediate and present
24danger of irreparable harm and that the petitioner has
25satisfied the prerequisites set forth in subsection (a) of this
26Section, that judge may issue an emergency workplace protection



09800SB3038ham001- 18 -LRB098 16985 JLS 59791 a

1restraining order.
2    (d) The chief judge of the circuit court may designate for
3each county in the circuit at least one judge to be reasonably
4available to issue orally, by telephone, by facsimile, by
5electronic means that comply with procedures established by the
6court, or otherwise, an emergency workplace protection
7restraining order at all times, whether or not the court is in
9    (e) Any order issued under this Section and any
10documentation in support of the order shall be certified on the
11next court day to the appropriate court. The clerk of the court
12shall immediately assign a case number, file the petition,
13order, and other documents with the court, and enter the order
14of record and file it with the sheriff for service in
15accordance with Section 85 of this Act. Filing the petition
16shall commence proceedings for further relief under Section 30
17of this Act. Failure to comply with the requirements of this
18subsection (e) does not affect the validity of the order.
19    (820 ILCS 275/75 new)
20    Sec. 75. Plenary order. The court shall issue a plenary
21workplace protection restraining order if the petitioner has
22served notice of the hearing for that order on the respondent
23in accordance with Section 55 of this Section and establishes
25        (1) the court has jurisdiction under Section 40 of this



09800SB3038ham001- 19 -LRB098 16985 JLS 59791 a

1    Act;
2        (2) the requirements of Sections 15 and 21 of this Act
3    are satisfied;
4        (3) a general appearance was made or filed by or for
5    the respondent or process was served on the respondent in
6    the manner required by Section 50 of this Act; and
7        (4) the respondent has answered or is in default.
8    (820 ILCS 275/80 new)
9    Sec. 80. Employee testimony. In a plenary workplace
10protection restraining order hearing, if the court finds that
11testimony in the courtroom voluntarily offered by the employee
12who has suffered the violence may result in serious emotional
13distress to the employee who has suffered the violence, the
14court may order that the examination of the employee be
15conducted in chambers. Counsel shall be present at the
16examination unless otherwise agreed upon by the parties. The
17court shall cause a court reporter to be present who shall make
18a complete record of the examination instantaneously to be part
19of the record in the case.
20    (820 ILCS 275/85 new)
21    Sec. 85. Duration and extension of orders.
22    (a) Unless reopened or extended or voided by entry of an
23order of greater duration, an emergency order is effective for
24not less than 14 nor more than 21 days.



09800SB3038ham001- 20 -LRB098 16985 JLS 59791 a

1    (b) A plenary workplace protection restraining order is
2effective for a fixed period of time not to exceed one year.
3    (820 ILCS 275/90 new)
4    Sec. 90. Contents of orders.
5    (a) A workplace protection restraining order shall
6describe each remedy granted by the court, in reasonable detail
7and not by reference to any other document, so that the
8respondent may clearly understand what he or she must do or
9refrain from doing.
10    (b) A workplace protection restraining order shall include
11the following:
12        (1) the name of the petitioner;
13        (2) the date and time the workplace protection
14    restraining order was issued, whether it is an emergency or
15    plenary order, and the duration of the order;
16        (3) the date, time, and place for any scheduled hearing
17    for extension of the workplace protection restraining
18    order or for another order of greater duration or scope;
19        (4) for each remedy in an emergency workplace
20    protection restraining order, the reason for entering that
21    remedy without prior notice to the respondent or greater
22    notice than was actually given; and
23        (5) for emergency workplace protection restraining
24    orders, that the respondent may petition the court, in
25    accordance with Section 100, to reopen the order if he or



09800SB3038ham001- 21 -LRB098 16985 JLS 59791 a

1    she did not receive actual prior notice of the hearing as
2    required under Section 55 of this Act and if the respondent
3    alleges that he or she had a meritorious defense to the
4    order or that the order or its remedy is not authorized by
5    this Act.
6    (820 ILCS 275/95 new)
7    Sec. 95. Notice of orders.
8    (a) Upon issuance of a workplace protection restraining
9order, the clerk shall immediately, or on the next court day if
10an emergency order is issued in accordance with subsection (c)
11of Section 70 of this Act:
12        (1) enter the order on the record and file it in
13    accordance with the circuit court procedures; and
14        (2) provide a file stamped copy of the order to the
15    respondent, if present, and to the petitioner.
16    (820 ILCS 275/100 new)
17    Sec. 100. Modification.
18    (a) Except as otherwise provided in this Section, upon
19motion of the petitioner, the court may modify an emergency or
20plenary workplace protection restraining order by altering the
21remedy, subject to Section 25 of this Act.
22    (b) After 30 days following the entry of a plenary
23workplace protection restraining order, a court may modify the
24order only if a change in the applicable law or facts since the



09800SB3038ham001- 22 -LRB098 16985 JLS 59791 a

1plenary order was entered warrants a modification of its terms.
2    (c) Upon 2 days' notice to the petitioner, or shorter
3notice as the court may prescribe, a respondent subject to an
4emergency workplace protection restraining order issued under
5this Act may appear and petition the court to rehear the
6original or amended petition. A petition to rehear shall be
7verified and shall allege that:
8        (1) the respondent did not receive prior notice of the
9    initial hearing in which the emergency workplace
10    protection restraining order was entered under Sections 55
11    and 70 of this Act; and
12        (2) the respondent had a meritorious defense to the
13    order or any of its remedies or the order or any of its
14    remedies was not authorized by this Act.
15    (820 ILCS 275/105 new)
16    Sec. 105. Enforcement. The court may enforce workplace
17protection restraining orders through civil contempt
19    (820 ILCS 275/110 new)
20    Sec. 110. Employment discrimination. An employer seeking
21or obtaining a workplace protection restraining order shall
22comply with any federal or State law to which it is subject,
23including any provision under the Victims' Economic Security
24and Safety Act and the Illinois Human Rights Act, regarding



09800SB3038ham001- 23 -LRB098 16985 JLS 59791 a

1employee protections and the rights of the employee who has
2suffered the violence.
3    (820 ILCS 275/115 new)
4    Sec. 115. Effect on other laws and employment benefits.
5    (a) Nothing in this Act shall be construed to supersede any
6provision of any federal, State, or local law, collective
7bargaining agreement, or employment benefits program or plan
8that provides employment protections for employees, including
9any provision under the Victims' Economic Security and Safety
10Act and the Illinois Human Rights Act.
11    (b) Any other claims under the Victims' Economic Security
12and Safety Act against the employer may be heard as part of a
13civil action under this Act.
14    (820 ILCS 275/120 new)
15    Sec. 120. Exemptions.
16    (a) The court may not enter a workplace protection
17restraining order that enjoins the following activities:
18        (1) lawful monitoring of compliance with public or
19    worker safety laws, wage and hour requirements, or other
20    statutory workplace requirements;
21        (2) lawful picketing, patrolling, using a banner, or
22    other lawful protesting at the workplace which arises out
23    of a bona fide labor dispute; and
24        (3) engaging in concerted and protected activities as



09800SB3038ham001- 24 -LRB098 16985 JLS 59791 a

1    defined in applicable labor law.
2    (b) As used in this Section, "bona fide labor dispute"
3means any activity recognized as a labor dispute by the
4National Labor Relations Act, the Illinois Public Labor
5Relations Act, or the Illinois Educational Labor Relations Act,
6and includes a controversy concerning: wages, salaries, hours,
7working conditions, or benefits, including health and welfare,
8sick leave, insurance, and pension or retirement provisions;
9the terms to be included in collective bargaining agreements;
10and the making, maintaining, administering, and filing of
11protests or grievances under a collective bargaining
13    (820 ILCS 275/125 new)
14    Sec. 125. Confidentiality and privacy. The employer shall
15keep all information relating to a workplace protection
16restraining order in the strictest confidence, limiting
17information only to those employees who have a current
18demonstrable interest related to the safety of the employee who
19has suffered the violence.
20    (820 ILCS 275/130 new)
21    Sec. 130. Exemption.
22        (a) This Act does not apply to any individual or
23organization that is lawfully (i) monitoring for compliance
24with public or worker safety laws, wage and hour requirements,



09800SB3038ham001- 25 -LRB098 16985 JLS 59791 a

1or other statutory requirements or (ii) picketing, patrolling,
2using a banner, or otherwise protesting at the workplace in
3relation to a bona fide labor dispute including any controversy
4concerning wages, salaries, hours, working conditions or
5benefits, including health and welfare, sick leave, insurance,
6and pension or retirement provisions, the making or maintaining
7of collective bargaining agreements, and the terms to be
8included in those agreements.
9    (b) This Act does not apply to any lawful exercise of the
10right of free speech or assembly.
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".