Illinois General Assembly - Full Text of HB4116
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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

    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.


LRB102 19297 KTG 28063 b

 

 

A BILL FOR

 

HB4116LRB102 19297 KTG 28063 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Right to Privacy in the Workplace Act is
5amended 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
8prohibited.
9    (a) Except as otherwise specifically provided by law,
10including Section 10-50 of the Cannabis Regulation and Tax
11Act, and except as provided in subsections (b) and (c) of this
12Section, it shall be unlawful for an employer to refuse to hire
13or to discipline or discharge any individual, or otherwise
14disadvantage any individual, with respect to compensation,
15terms, conditions or privileges of employment because the
16individual uses lawful products off the premises of the
17employer during nonworking and non-call hours or because
18results of an individual's drug test indicates the presence of
19tetrahydrocannabinol. As used in this Section, "lawful
20products" means products that are legal under state law. For
21purposes of this Section, an employee is deemed on-call when
22the employee is scheduled with at least 24 hours' notice by his
23or her employer to be on standby or otherwise responsible for

 

 

HB4116- 2 -LRB102 19297 KTG 28063 b

1performing tasks related to his or her employment either at
2the employer's premises or other previously designated
3location by his or her employer or supervisor to perform a
4work-related task.
5    (b) This Section does not apply to any employer that is a
6non-profit organization that, as one of its primary purposes
7or objectives, discourages the use of one or more lawful
8products by the general public. This Section does not apply to
9the use of those lawful products which impairs an employee's
10ability to perform the employee's assigned duties.
11    (c) It is not a violation of this Section for an employer
12to offer, impose or have in effect a health, disability or life
13insurance policy that makes distinctions between employees for
14the type of coverage or the price of coverage based upon the
15employees' 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
22enforcing a pre-employment drug testing policy, zero-tolerance
23drug testing policy, random drug testing policy, or a
24drug-free workplace policy or from disciplining an employee
25for violating such policy. An employer, however, may not take
26adverse action against an employee solely because of a

 

 

HB4116- 3 -LRB102 19297 KTG 28063 b

1positive drug test for cannabis unless the test result exceeds
2the limits set forth in Section 11-501.2 of the Illinois
3Vehicle Code.
4    (e) Nothing in this Act limits an employer's ability to
5discipline an employee for failing a drug test if failing to do
6so would put the employer in violation of federal law or cause
7it to lose a federal contract or funding.
8    (f) Nothing in this Act shall be construed to create a
9defense for a third party who fails a drug test.
10    (g) An employer may consider an employee to be impaired
11when he or she tests positive for cannabis that exceeds the
12limits set forth in Section 11-501.2 of the Illinois Vehicle
13Code or manifests specific, articulable symptoms or behavior
14while working that decrease or lessen his or her performance
15of the duties or tasks of the employee's job position,
16including manifestations of the employee's speech, physical
17dexterity, agility, coordination, demeanor, irrational or
18unusual behavior, negligence or carelessness in operating
19equipment or machinery, disregard for the safety of the
20employee or others, involvement in an accident that results in
21serious damage to equipment or property, disruption of a
22production or manufacturing process, or carelessness that
23results in any injury to the employee or others. If an employer
24elects to discipline an employee under this subsection, it
25must afford the employee a reasonable opportunity to contest
26the basis of the determination.

 

 

HB4116- 4 -LRB102 19297 KTG 28063 b

1    (h) Nothing in this Act shall be construed to create or
2imply 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
16with any federal restrictions on employment, including, but
17not limited to, the United States Department of Transportation
18regulation 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
21becoming law.