Full Text of SB2312 98th General Assembly
SB2312 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB2312 Introduced 2/15/2013, by Sen. Dan Duffy 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 to exempt from certain prohibitions against discrimination any for-profit employer that, as its sole business purpose or objective, provides medical or hospital treatment to patients who have a cancerous condition, and that refuses to hire or discharges any individual, or otherwise disadvantages any individual, with respect to compensation, terms, conditions, or privileges of employment because the individual uses tobacco products, including cigarettes, pipes, cigars, chewing tobacco, snus, snuff, clove cigarettes, electronic cigarettes, and similar products. Effective immediately.
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| | A BILL FOR |
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| | | SB2312 | | LRB098 09518 JLS 39661 b |
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| 1 | | AN ACT concerning health.
| 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 and | 10 | | except as
provided in subsections (b) and (c) of this Section, | 11 | | it shall be unlawful
for an employer to refuse to hire or to | 12 | | discharge any individual, or
otherwise disadvantage any | 13 | | individual, with respect to compensation, terms,
conditions or | 14 | | privileges of employment because the individual uses lawful
| 15 | | products off the premises of the employer during nonworking | 16 | | hours.
| 17 | | (b) This Section does not apply to any employer that is a | 18 | | non-profit
organization that, as one of its primary purposes or | 19 | | objectives,
discourages the use of one or more lawful products | 20 | | by the general public. This Section does not apply to any | 21 | | for-profit employer that, as its sole business purpose or | 22 | | objective, provides medical or hospital treatment to patients | 23 | | who have a cancerous condition, and that refuses to hire or |
| | | SB2312 | - 2 - | LRB098 09518 JLS 39661 b |
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| 1 | | discharges any individual, or otherwise disadvantages any | 2 | | individual, with respect to compensation, terms, conditions, | 3 | | or privileges of employment because the individual uses tobacco | 4 | | products, including cigarettes, pipes, cigars, chewing | 5 | | tobacco, snus, snuff, clove cigarettes, electronic cigarettes, | 6 | | and similar products.
This Section does not apply to the use of | 7 | | those lawful products which
impairs an employee's ability to | 8 | | perform the employee's assigned duties.
| 9 | | (c) It is not a violation of this Section for an employer | 10 | | to offer,
impose or have in effect a health, disability or life | 11 | | insurance policy that
makes distinctions between employees for | 12 | | the type of coverage or the price
of coverage based upon the | 13 | | employees' use of lawful products provided that:
| 14 | | (1) differential premium rates charged employees | 15 | | reflect a
differential cost to the employer; and
| 16 | | (2) employers provide employees with a statement | 17 | | delineating the
differential rates used by insurance | 18 | | carriers.
| 19 | | (Source: P.A. 87-807.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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