Full Text of HB4999 99th General Assembly
HB4999 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4999 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: |
| 820 ILCS 55/10 | from Ch. 48, par. 2860 |
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Amends the Right to Privacy in the Workplace Act. Makes it unlawful for an employer or prospective employer to request or require an employee or applicant to authenticate or access a personal online account in the presence of the employer, to request or require that an employee or applicant invite the employer to join a group affiliated with any personal online account of the employee or applicant, or join an online account established by the employer. Prohibits retaliation against an employee or applicant. Defines terms.
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| | A BILL FOR |
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| | | HB4999 | | LRB099 17796 JLS 42158 b |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Right to Privacy in the Workplace Act is | 5 | | amended by changing Section 10 as follows:
| 6 | | (820 ILCS 55/10) (from Ch. 48, par. 2860)
| 7 | | Sec. 10. Prohibited inquiries ; online activities . | 8 | | (a) It shall be unlawful for any employer
to inquire, in a | 9 | | written application or in any other manner, of any
prospective | 10 | | employee or of the prospective employee's previous employers,
| 11 | | whether that prospective employee has ever filed a claim for | 12 | | benefits under
the Workers' Compensation Act or Workers' | 13 | | Occupational Diseases Act or
received benefits under these | 14 | | Acts.
| 15 | | (b)(1) Except as provided in this subsection, it shall be | 16 | | unlawful for any employer to request or require any employee or | 17 | | prospective employee to provide a user name and password or any | 18 | | password or other related account information in order to gain | 19 | | access to the employee's or prospective employee's account or | 20 | | profile on a social networking website or to demand access in | 21 | | any manner to an employee's or prospective employee's account | 22 | | or profile on a social networking website. | 23 | | (2) Nothing in this subsection shall limit an employer's |
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| 1 | | right to: | 2 | | (A) promulgate and maintain lawful workplace policies | 3 | | governing the use of the employer's electronic equipment, | 4 | | including policies regarding Internet use, social | 5 | | networking site use, and electronic mail use; and | 6 | | (B) monitor usage of the employer's electronic | 7 | | equipment and the employer's electronic mail without | 8 | | requesting or requiring any employee or prospective | 9 | | employee to provide any password or other related account | 10 | | information in order to gain access to the employee's or | 11 | | prospective employee's account or profile on a social | 12 | | networking website. | 13 | | (3) Nothing in this subsection shall prohibit an employer | 14 | | from obtaining about a prospective employee or an employee | 15 | | information that is in the public domain or that is otherwise | 16 | | obtained in compliance with this amendatory Act of the 97th | 17 | | General Assembly. | 18 | | (3.5) Provided that the password, account information, or | 19 | | access sought by the employer relates to a professional | 20 | | account, and not a personal account, nothing in this subsection | 21 | | shall prohibit or restrict an employer from complying with a | 22 | | duty to screen employees or applicants prior to hiring or to | 23 | | monitor or retain employee communications as required under | 24 | | Illinois insurance laws or federal law or by a self-regulatory | 25 | | organization as defined in Section 3(A)(26) of the Securities | 26 | | Exchange Act of 1934, 15 U.S.C. 78(A)(26). |
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| 1 | | (4) For the purposes of this subsection, "social networking | 2 | | website" means an Internet-based service that allows | 3 | | individuals to: | 4 | | (A) construct a public or semi-public profile within a | 5 | | bounded system, created by the service; | 6 | | (B) create a list of other users with whom they share a | 7 | | connection within the system; and | 8 | | (C) view and navigate their list of connections and | 9 | | those made by others within the system. | 10 | | "Social networking website" shall not include electronic | 11 | | mail. | 12 | | For the purposes of paragraph (3.5) of this subsection, | 13 | | "professional account" means an account, service, or profile | 14 | | created, maintained, used, or accessed by a current or | 15 | | prospective employee for business purposes of the employer. | 16 | | For the purposes of paragraph (3.5) of this subsection, | 17 | | "personal account" means an account, service, or profile on a | 18 | | social networking website that is used by a current or | 19 | | prospective employee exclusively for personal communications | 20 | | unrelated to any business purposes of the employer. | 21 | | (c) It is unlawful for an employer to request or require an | 22 | | employee or applicant to authenticate or access a personal | 23 | | online account in the presence of the employer. | 24 | | It is unlawful for an employer to request or require that | 25 | | an employee or applicant invite the employer to join a group | 26 | | affiliated with any personal online account of the employee or |
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| 1 | | applicant. | 2 | | It is unlawful for an employer to request or require that | 3 | | an employee or applicant join an online account established by | 4 | | the employer. | 5 | | It is unlawful for an employer to discharge, discipline, | 6 | | discriminate against, retaliate against, or otherwise penalize | 7 | | an employee who (A) refuses or declines to provide the employer | 8 | | with a user name and password, password, or any other | 9 | | authentication means for accessing his or her personal online | 10 | | account, (B) refuses or declines to authenticate or access a | 11 | | personal online account in the presence of the employer, (C) | 12 | | refuses to invite the employer to join a group affiliated with | 13 | | any personal online account of the employee, (D) refuses to | 14 | | join an online account established by the employs, or (E) files | 15 | | or causes to be filed any complaint, whether orally or in | 16 | | writing, with a public or private body or court concerning the | 17 | | employer's violation of this subsection. | 18 | | It is unlawful for an employer to fail or refuse to hire an | 19 | | applicant as a result of his or her refusal to (A) provide the | 20 | | employer with a user name and password, password, or any other | 21 | | authentication means for accessing a personal online account, | 22 | | (B) authenticate or access a personal online account in the | 23 | | presence of the employer, or (C) invite the employer to join a | 24 | | group affiliated with a personal online account of the | 25 | | applicant. | 26 | | As used in this subsection, "personal online account" means |
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| 1 | | an online account that is used by a person exclusively for | 2 | | personal purposes and unrelated to any business purpose of the | 3 | | person's employer or prospective employer, including | 4 | | electronic mail, social media, and retail-based Internet web | 5 | | sites. "Personal online account" does not include an account | 6 | | created, maintained, used, or accessed by a person for a | 7 | | business purpose of the person's employer or prospective | 8 | | employer. | 9 | | (Source: P.A. 97-875, eff. 1-1-13; 98-501, eff. 1-1-14.)
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