Illinois General Assembly - Full Text of HB4850
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Full Text of HB4850  102nd General Assembly

HB4850ham001 102ND GENERAL ASSEMBLY

Rep. Will Guzzardi

Filed: 3/1/2022

 

 


 

 


 
10200HB4850ham001LRB102 25953 LNS 37235 a

1
AMENDMENT TO HOUSE BILL 4850

2    AMENDMENT NO. ______. Amend House Bill 4850 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Gender Violence Act is amended by changing
5Sections 5 and 20 and by adding Sections 11 and 25 as follows:
 
6    (740 ILCS 82/5)
7    Sec. 5. Definitions Definition. In this Act: ,
8    "Employee" has the meaning provided in Section 2-101 of
9the Illinois Human Rights Act.
10    "Employer" has the meaning provided in Section 2-101 of
11the Illinois Human Rights Act.
12    "Gender-related gender-related violence", which is a form
13of sex discrimination, means the following:
14        (1) One or more acts of violence or physical
15    aggression satisfying the elements of battery under the
16    laws of Illinois that are committed, at least in part, on

 

 

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1    the basis of a person's sex, whether or not those acts have
2    resulted in criminal charges, prosecution, or conviction.
3        (2) A physical intrusion or physical invasion of a
4    sexual nature under coercive conditions satisfying the
5    elements of battery under the laws of Illinois, whether or
6    not the act or acts resulted in criminal charges,
7    prosecution, or conviction.
8        (2.5) Domestic violence, as defined in the Illinois
9    Domestic Violence Act of 1986.
10        (3) A threat of an act described in item (1), or (2),
11    or (2.5) causing a realistic apprehension that the
12    originator of the threat will commit the act.
13    "Work environment" means the employee's workplace and
14employer's premises, including any building, real property,
15and parking area under the control of the employer, or any
16other location while used for an employer-sanctioned purpose.
17    "Workplace" means where an employee or agent of the
18employer completes the work the employee or agent was hired to
19perform or tasks incidental to the employee's or agent's
20employment.
21(Source: P.A. 93-416, eff. 1-1-04.)
 
22    (740 ILCS 82/11 new)
23    Sec. 11. Employer liability for an employee or agent.
24    (a) An employer shall only be liable for gender-related
25violence committed in the work environment by an employee or

 

 

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1agent of the employer. Liability shall only extend to injuries
2sustained: (i) while the employee was directly performing the
3employee's job duties and the job duties were the proximate
4cause of the injury; or (ii) while the agent of the employer
5was directly involved in the performance of the contracted
6work and the contracted work was the proximate cause of the
7injury. Proximate cause shall exist when the actions of the
8employee or the agent of the employer were a substantial
9factor in causing the injury.
10    An employer shall be liable where the employer has acted
11in a manner inconsistent with how a reasonable person would
12act under similar circumstances.
13    (b) An employer shall be liable for gender-related
14violence if the employer:
15        (1) failed to supervise, train, or monitor the
16    employee who engaged in the gender-related violence,
17    except an employer shall have an affirmative defense to a
18    failure to train claim under this Act if training was
19    provided to the employee as provided in Section 2-109 of
20    the Illinois Human Rights Act; or
21        (2) failed to investigate complaints or reports
22    directly provided to a supervisor, manager, owner, or
23    another person designated by the employer of similar
24    conduct by an employee or agent of the employer and the
25    employer failed to take remedial measures in response to
26    the complaints or reports.
 

 

 

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1    (740 ILCS 82/20)
2    Sec. 20. Limitation. An action by an individual based on
3gender-related violence as defined in paragraph (1), or (2),
4or (2.5) of Section 5 must be commenced within 7 years after
5the cause of action accrued, except that if the person
6entitled to bring the action was a minor at the time the cause
7of action accrued, the action must be commenced within 7 years
8after the person reaches the age of 18. An action based on
9gender-related violence as defined in paragraph (3) of Section
105 must be commenced within 2 years after the cause of action
11accrued, except that if the person entitled to bring the
12action was a minor at the time the cause of action accrued, the
13action must be commenced within 2 years after the person
14reaches the age of 18. An action against an employer pursuant
15to Section 11 must be commenced within 4 years after the cause
16of action accrued, except that if the person entitled to bring
17the action was a minor at the time the cause of action accrued,
18the action must be commenced within 4 years after the person
19reaches the age of 18.
20(Source: P.A. 93-416, eff. 1-1-04.)
 
21    (740 ILCS 82/25 new)
22    Sec. 25. No waiver. No person shall have the power to waive
23any of the provisions of this Act as part of a dissolution of
24marriage agreement, civil union, domestic partnership, or

 

 

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1custody agreement. Any such purported waiver is considered
2against public policy, void, and severable from an otherwise
3valid and enforceable agreement.".