Full Text of HB4116 102nd General Assembly
HB4116 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4116 Introduced 9/3/2021, by Rep. Bob Morgan - Kambium Buckner - Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
| 820 ILCS 55/5 | from Ch. 48, par. 2855 |
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Amends the Right to Privacy in the Workplace Act. Provides that an employer may not refuse to hire an individual or discipline an employee because results of an individual's drug test indicate the presence of THC on the part of that individual. Permits an employer to enforce a pre-employment drug testing policy, zero-tolerance drug testing policy, random drug testing policy, or a drug-free workplace policy or disciplining an employee for violating such policy, but provides than an employer may not take adverse action against an employee solely because of a positive drug test for cannabis unless the test result exceeds limits set forth in certain DUI provisions of the Illinois Vehicle Code. Sets forth conditions under which an employer may discipline an employee for impairment. Provides that there is not a cause of action for any person against an employer for disciplining or terminating the employment of an individual when enforcing a compliant policy. Effective immediately.
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| | A BILL FOR |
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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 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, | 10 | | including Section 10-50 of the Cannabis Regulation and Tax | 11 | | Act, and except as
provided in subsections (b) and (c) of this | 12 | | Section, it shall be unlawful
for an employer to refuse to hire | 13 | | or to discipline or discharge any individual, or
otherwise | 14 | | disadvantage any individual, with respect to compensation, | 15 | | terms,
conditions or privileges of employment because the | 16 | | individual uses lawful
products off the premises of the | 17 | | employer during nonworking and non-call hours or because | 18 | | results of an individual's drug test indicates the presence of | 19 | | tetrahydrocannabinol . As used in this Section, "lawful | 20 | | products" means products that are legal under state law. For | 21 | | purposes of this Section, an employee is deemed on-call when | 22 | | the employee is scheduled with at least 24 hours' notice by his | 23 | | or her employer to be on standby or otherwise responsible for |
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| 1 | | performing tasks related to his or her employment either at | 2 | | the employer's premises or other previously designated | 3 | | location by his or her employer or supervisor to perform a | 4 | | work-related task.
| 5 | | (b) This Section does not apply to any employer that is a | 6 | | non-profit
organization that, as one of its primary purposes | 7 | | or objectives,
discourages the use of one or more lawful | 8 | | products by the general public.
This Section does not apply to | 9 | | the use of those lawful products which
impairs an employee's | 10 | | ability to perform the employee's assigned duties.
| 11 | | (c) It is not a violation of this Section for an employer | 12 | | to offer,
impose or have in effect a health, disability or life | 13 | | insurance policy that
makes distinctions between employees for | 14 | | the type of coverage or the price
of coverage based upon the | 15 | | employees' use of lawful products provided that:
| 16 | | (1) differential premium rates charged employees | 17 | | reflect a
differential cost to the employer; and
| 18 | | (2) employers provide employees with a statement | 19 | | delineating the
differential rates used by insurance | 20 | | carriers.
| 21 | | (d) Nothing in this Act prohibits an employer from | 22 | | enforcing a pre-employment drug testing policy, zero-tolerance | 23 | | drug testing policy, random drug testing policy, or a | 24 | | drug-free workplace policy or from disciplining an employee | 25 | | for violating such policy. An employer, however, may not take | 26 | | adverse action against an employee solely because of a |
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| 1 | | positive drug test for cannabis unless the test result exceeds | 2 | | the limits set forth in Section 11-501.2 of the Illinois | 3 | | Vehicle Code. | 4 | | (e) Nothing in this Act limits an employer's ability to | 5 | | discipline an employee for failing a drug test if failing to do | 6 | | so would put the employer in violation of federal law or cause | 7 | | it to lose a federal contract or funding. | 8 | | (f) Nothing in this Act shall be construed to create a | 9 | | defense for a third party who fails a drug test. | 10 | | (g) An employer may consider an employee to be impaired | 11 | | when he or she tests positive for cannabis that exceeds the | 12 | | limits set forth in Section 11-501.2 of the Illinois Vehicle | 13 | | Code or manifests specific, articulable symptoms or behavior | 14 | | while working that decrease or lessen his or her performance | 15 | | of the duties or tasks of the employee's job position, | 16 | | including manifestations of the employee's speech, physical | 17 | | dexterity, agility, coordination, demeanor, irrational or | 18 | | unusual behavior, negligence or carelessness in operating | 19 | | equipment or machinery, disregard for the safety of the | 20 | | employee or others, involvement in an accident that results in | 21 | | serious damage to equipment or property, disruption of a | 22 | | production or manufacturing process, or carelessness that | 23 | | results in any injury to the employee or others. If an employer | 24 | | elects to discipline an employee under this subsection, it | 25 | | must afford the employee a reasonable opportunity to contest | 26 | | the basis of the determination. |
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| 1 | | (h) Nothing in this Act shall be construed to create or | 2 | | imply a cause of action for any person against an employer for: | 3 | | (1) actions based on the employer's good faith belief | 4 | | that an employee used or possessed cannabis while on the | 5 | | employer's premises or during the hours of employment; | 6 | | (2) actions based on the employer's good faith belief | 7 | | that an employee was impaired while working on the | 8 | | employer's premises during the hours of employment; | 9 | | (3) discipline or termination of the employment of an | 10 | | employee when enforcing a drug policy that complies with | 11 | | this Section; or | 12 | | (4) injury or loss to a third party if the employer | 13 | | neither knew nor had reason to know that the employee was | 14 | | impaired. | 15 | | (i) Nothing in this Act shall be construed to interfere | 16 | | with any federal restrictions on employment, including, but | 17 | | not limited to, the United States Department of Transportation | 18 | | regulation 49 CFR 40.151(e). | 19 | | (Source: P.A. 101-27, eff. 6-25-19.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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