Illinois General Assembly - Full Text of SB3038
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Full Text of SB3038  98th General Assembly




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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 Victims' Economic Security and Safety Act is
5amended by changing Section 30 as follows:
6    (820 ILCS 180/30)
7    Sec. 30. Victims' employment sustainability; prohibited
8discriminatory acts.
9    (a) An employer shall not fail to hire, refuse to hire,
10discharge, constructively discharge, or harass any individual,
11otherwise discriminate against any individual with respect to
12the compensation, terms, conditions, or privileges of
13employment of the individual, or retaliate against an
14individual in any form or manner, and a public agency shall not
15deny, reduce, or terminate the benefits of, otherwise sanction,
16or harass any individual, otherwise discriminate against any
17individual with respect to the amount, terms, or conditions of
18public assistance of the individual, or retaliate against an
19individual in any form or manner, because:
20        (1) the individual involved:
21            (A) is or is perceived to be a victim of domestic
22        or sexual violence;
23            (B) attended, participated in, prepared for, or



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1        requested leave to attend, participate in, or prepare
2        for a criminal or civil court proceeding relating to an
3        incident of domestic or sexual violence of which the
4        individual or a family or household member of the
5        individual was a victim, or requested or took leave for
6        any other reason provided under Section 20; or
7            (C) requested an adjustment to a job structure,
8        workplace facility, or work requirement, including a
9        transfer, reassignment, or modified schedule, leave, a
10        changed telephone number or seating assignment,
11        installation of a lock, or implementation of a safety
12        procedure in response to actual or threatened domestic
13        or sexual violence, regardless of whether the request
14        was granted; or
15            (D) is an employee whose employer is subject to
16        Section 21 of the Workplace Violence Prevention Act; or
17        (2) the workplace is disrupted or threatened by the
18    action of a person whom the individual states has committed
19    or threatened to commit domestic or sexual violence against
20    the individual or the individual's family or household
21    member.
22    (b) In this Section:
23        (1) "Discriminate", used with respect to the terms,
24    conditions, or privileges of employment or with respect to
25    the terms or conditions of public assistance, includes not
26    making a reasonable accommodation to the known limitations



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1    resulting from circumstances relating to being a victim of
2    domestic or sexual violence or a family or household member
3    being a victim of domestic or sexual violence of an
4    otherwise qualified individual:
5            (A) who is:
6                (i) an applicant or employee of the employer
7            (including a public agency); or
8                (ii) an applicant for or recipient of public
9            assistance from a public agency; and
10            (B) who is:
11                (i) a victim of domestic or sexual violence; or
12                (ii) with a family or household member who is a
13            victim of domestic or sexual violence whose
14            interests are not adverse to the individual in
15            subparagraph (A) as it relates to the domestic or
16            sexual violence;
17    unless the employer or public agency can demonstrate that
18    the accommodation would impose an undue hardship on the
19    operation of the employer or public agency.
20        A reasonable accommodation must be made in a timely
21    fashion. Any exigent circumstances or danger facing the
22    employee or his or her family or household member shall be
23    considered in determining whether the accommodation is
24    reasonable.
25        (2) "Qualified individual" means:
26            (A) in the case of an applicant or employee



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1        described in paragraph (1)(A)(i), an individual who,
2        but for being a victim of domestic or sexual violence
3        or with a family or household member who is a victim of
4        domestic or sexual violence, can perform the essential
5        functions of the employment position that such
6        individual holds or desires; or
7            (B) in the case of an applicant or recipient
8        described in paragraph (1)(A)(ii), an individual who,
9        but for being a victim of domestic or sexual violence
10        or with a family or household member who is a victim of
11        domestic or sexual violence, can satisfy the essential
12        requirements of the program providing the public
13        assistance that the individual receives or desires.
14        (3) "Reasonable accommodation" may include an
15    adjustment to a job structure, workplace facility, or work
16    requirement, including a transfer, reassignment, or
17    modified schedule, leave, a changed telephone number or
18    seating assignment, installation of a lock, or
19    implementation of a safety procedure, or assistance in
20    documenting domestic or sexual violence that occurs at the
21    workplace or in work-related settings, in response to
22    actual or threatened domestic or sexual violence.
23        (4) Undue hardship.
24            (A) In general. "Undue hardship" means an action
25        requiring significant difficulty or expense, when
26        considered in light of the factors set forth in



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1        subparagraph (B).
2            (B) Factors to be considered. In determining
3        whether a reasonable accommodation would impose an
4        undue hardship on the operation of an employer or
5        public agency, factors to be considered include:
6                (i) the nature and cost of the reasonable
7            accommodation needed under this Section;
8                (ii) the overall financial resources of the
9            facility involved in the provision of the
10            reasonable accommodation, the number of persons
11            employed at such facility, the effect on expenses
12            and resources, or the impact otherwise of such
13            accommodation on the operation of the facility;
14                (iii) the overall financial resources of the
15            employer or public agency, the overall size of the
16            business of an employer or public agency with
17            respect to the number of employees of the employer
18            or public agency, and the number, type, and
19            location of the facilities of an employer or public
20            agency; and
21                (iv) the type of operation of the employer or
22            public agency, including the composition,
23            structure, and functions of the workforce of the
24            employer or public agency, the geographic
25            separateness of the facility from the employer or
26            public agency, and the administrative or fiscal



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1            relationship of the facility to the employer or
2            public agency.
3    (c) An employer subject to Section 21 of the Workplace
4Violence Prevention Act shall not violate any provisions of the
5Workplace Violence Prevention Act.
6(Source: P.A. 96-635, eff. 8-24-09.)
7    Section 10. The Workplace Violence Prevention Act is
8amended by changing Sections 10, 15, 20, 25, 30, and 35 and by
9adding Sections 21, 40, 45, 50, 55, 60, 65, 70, 75, 80, 85, 90,
1095, 100, 105, 110, 115, 120, 125, and 130 as follows:
11    (820 ILCS 275/10)
12    Sec. 10. Definitions. As used in this Act:
13    "Credible threat of violence" means a statement or course
14of conduct that does not serve a legitimate purpose and that
15causes a reasonable person to fear for the person's safety at
16his or her workplace or for the safety of others at his or her
17workplace the person's immediate family.
18    "Employee" means:
19        (1) a person employed or permitted to work or perform a
20    service for remuneration;
21        (2) a member of a board of directors of any
22    organization;
23        (3) an elected or appointed public officer; and
24        (4) a volunteer, independent contractor, agency



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1    worker, or any other person who performs services for an
2    employer at the employer's place of work.
3    "Employer" means an individual, partnership, association,
4limited liability company, corporation, business trust, the
5State, a governmental agency, or a political subdivision that
6has at least 15 5 employees during any work week.
7    "Petitioner" means any employer who commences a proceeding
8for a workplace protection restraining order.
9    "Respondent" means a person against whom a workplace
10protection restraining order proceeding has been commenced.
11    "Workplace" or "place of work" means any property that is
12owned or leased by the employer and at which the official
13business of the petitioner is conducted.
14    "Unlawful violence" means any act of violence, harassment,
15or stalking as defined by the Criminal Code of 2012 laws of
16this State.
17(Source: P.A. 98-430, eff. 1-1-14.)
18    (820 ILCS 275/15)
19    Sec. 15. Employer's right to a workplace protection
20restraining order of protection. An employer may seek a
21workplace protection restraining an order of protection to
22prohibit further violence or threats of violence by the
23respondent a person if:
24        (1) an the employee has suffered unlawful violence and
25    the respondent has made a credible threat of violence to be



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1    carried out at the employee's workplace; or a credible
2    threat of violence from the person; and
3        (2) an employee believes that the respondent has made a
4    credible threat of violence to be carried out at the
5    employee's workplace; or
6        (3) an the unlawful act of violence has been carried
7    out at the workplace employee's place of work or the
8    respondent has made a credible threat of violence at the
9    workplace credible threat of violence can reasonably be
10    constructed to be carried out at the employee's place of
11    work by the person.
12(Source: P.A. 98-430, eff. 1-1-14.)
13    (820 ILCS 275/20)
14    Sec. 20. Affidavit Irreparable harm. An employer may obtain
15a workplace protection restraining order if the employer files
16an affidavit that shows by a preponderance of the evidence
18        (1) the conditions of Section 15 of this Act have been
19    met;
20        (2) if the petitioner is seeking an emergency order,
21    great or irreparable harm has been suffered, will be
22    suffered, or is likely to be suffered by an employee at the
23    workplace;
24        (3) if the employer is seeking a workplace protection
25    restraining order involving an employee who is a victim of



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1    unlawful violence by a family or household member as
2    defined by item (6) of Section 103 of the Illinois Domestic
3    Violence Act of 1986, the conditions of Section 21 of this
4    Act have been met. An employer may obtain an order of
5    protection under the Illinois Domestic Violence Act of 1986
6    if the employer:
7        (1) files an affidavit that shows, to the satisfaction
8    of the court, reasonable proof that an employee has
9    suffered either unlawful violence or a credible threat of
10    violence by the defendant; and
11        (2) demonstrates that great or irreparable harm has
12    been suffered, will be suffered, or is likely to be
13    suffered by the employee.
14(Source: P.A. 98-430, eff. 1-1-14.)
15    (820 ILCS 275/21 new)
16    Sec. 21. Employee notification.
17    (a) In cases in which an employer is seeking a workplace
18protection restraining order involving an employee who is a
19victim of unlawful violence by a family or household member as
20defined by item (6) of Section 103 of the Illinois Domestic
21Violence Act of 1986 or is an employee who is a victim of
22unlawful violence as proscribed in Article 11 or Sections
2312-7.3, 12-7.4, and 12-7.5 of the Criminal Code of 2012, the
24employer shall:
25        (1) prior to the filing of the petition, notify the



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1    employee in writing of the employer's intent to seek a
2    workplace protection restraining order; and
3        (2) conduct a direct verbal consultation in
4    conversation with the employee prior to seeking a workplace
5    protection restraining order under this Act to determine
6    whether any safety or well-being concerns exist in relation
7    to the employer's pursuit of the order or whether seeking
8    the order may interfere with the employee's own legal
9    actions.
10    If, after direct verbal consultation in conversation with
11the employee, the employee does not give the employer full and
12voluntary consent to seek a workplace protection restraining
13order, the employer shall not file for that order until a 4-day
14waiting period has elapsed following the date of the direct
15consultation. The 4-day waiting period does not apply if there
16is an immediate threat of imminent physical harm to the work
17site and the petitioner is seeking an emergency order.
18    (b) Employers subject to the Victims' Economic Security and
19Safety Act shall additionally include in the written notice to
20the employee in subsection (a) the following: "As your
21employer, we are subject to the Victims' Economic Security and
22Safety Act, which includes provisions for leave,
23accommodations, and prohibitions against discrimination, and
24we are notifying you of your rights under this Act. A summary
25of your rights under the Victims' Economic Security and Safety
26Act is provided on the workplace poster we are required under



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1law to post in your workplace."
2    (820 ILCS 275/25)
3    Sec. 25. Remedies. Employer remedies under this Act are
4limited to a workplace protection restraining an order of
5protection. Nothing in this Act, however, waives, reduces, or
6diminishes any other civil or criminal remedy available to an
7employer under any other mechanism. A workplace protection
8restraining order issued by the court may:
9        (1) Prohibit the respondent's unlawful violence in the
10    workplace, including ordering the respondent to stay away
11    from the workplace. When the respondent is employed at the
12    workplace location, the court, when issuing a workplace
13    protection restraining order, shall consider the severity
14    of the act and any continuing physical danger or emotional
15    distress to any employee in the workplace.
16        (2) Upon notice to the respondent, order the respondent
17    to pay the petitioner for property losses suffered as a
18    direct result of the actions of the respondent. Such losses
19    include, but are not limited to, repair or replacement of
20    property damaged or taken, reasonable attorney's fees, and
21    court costs to recover the property losses.
22    The remedies provided in this Section are in addition to
23other civil or criminal remedies available to the employer.
24(Source: P.A. 98-430, eff. 1-1-14.)



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1    (820 ILCS 275/30)
2    Sec. 30. Action for workplace protection restraining order
3Jurisdiction; venue; procedure; enforcement.
4    (a) An action for a workplace protection restraining order
5may be commenced independently by filing a petition for a
6workplace protection restraining order in any civil court,
7unless specific courts are designated by local rule or order.
8    (b) The clerk of the circuit court shall charge fees in
9accordance with the Clerks of Courts Act.
10    (c) Notwithstanding the requirements of Section 20 of this
11Act, if the specific address or geographic location of the
12workplace is not currently known to the respondent due to the
13efforts by the employer or the employee to minimize the threat
14of unlawful violence to the employee, and the petition provides
15that disclosure of the employee's current workplace would risk
16violence, the workplace address may be omitted from all
17documents filed with the court. If the petitioner does not
18disclose the workplace address, the petitioner shall designate
19an alternative address at which the respondent may serve notice
20of any motions.
21    (d) Any proceeding to obtain, modify, reopen, or appeal a
22workplace protection restraining order shall be governed by the
23rules of civil procedure of this State. The standard of proof
24in such a proceeding is proof by a preponderance of the
25evidence. The Code of Civil Procedure and Supreme Court and
26local rules applicable to civil proceedings apply.



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1    (e) There is no right to trial by jury in any proceeding to
2obtain, modify, vacate, or extend any workplace protection
3restraining order under this Act. Issues of jurisdiction,
4venue, procedure, and enforcement shall be governed by the
5Illinois Domestic Violence Act of 1986.
6(Source: P.A. 98-430, eff. 1-1-14.)
7    (820 ILCS 275/35)
8    Sec. 35. Subject matter jurisdiction Law enforcement
9responsibilities. Each of the circuit courts of this State has
10the power to issue workplace protection restraining orders. Law
11enforcement personnel shall have the same responsibilities
12under this Act as are provided in Article 3 of the Illinois
13Domestic Violence Act of 1986.
14(Source: P.A. 98-430, eff. 1-1-14.)
15    (820 ILCS 275/40 new)
16    Sec. 40. Jurisdiction over persons. The courts of this
17State have jurisdiction to bind: (1) State residents; and (2)
18non-residents having minimum contacts with this State to the
19extent permitted by Section 2-209 of the Code of Civil
21    (820 ILCS 275/45 new)
22    Sec. 45. Venue. A petition for a workplace protection
23restraining order may be filed in any county where: (i) the



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1petitioner resides; (ii) the respondent resides; or (iii) the
2alleged violence occurred.
3    (820 ILCS 275/50 new)
4    Sec. 50. Process.
5    (a) Any action for a workplace protection restraining order
6requires that a separate summons be issued and served. The
7summons shall require the respondent to answer and appear
8within 7 days. Attachments to the summons or notice shall
9include the petition for a workplace protection restraining
10order, supporting affidavits, if any, and any emergency
11workplace protection restraining order that has been issued.
12    (b) The summons shall be served by the sheriff or other law
13enforcement officer at the earliest time possible and shall
14take precedence over other summonses except those of a similar
15emergency nature. A special process server may be appointed at
16any time, and the appointment of a special process server shall
17not affect the responsibilities and authority of the sheriff or
18other official process servers.
19    (c) Service of summons on a member of the respondent's
20household or by publication is adequate if: (1) the petitioner
21has made all reasonable efforts to accomplish actual service of
22process personally upon the respondent, but the respondent
23cannot be found to effect the service; and (2) the petitioner
24files an affidavit or presents sworn testimony describing those



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1    (d) A plenary workplace protection restraining order may be
2entered by default for the remedy sought in the petition if the
3respondent has been served in accordance with subsection (a) of
4this Section or given notice and if the respondent then fails
5to appear as directed or fails to appear on any subsequent
6appearance or hearing date agreed to by the parties or set by
7the court.
8    (e) An employee who has been a victim of domestic violence
9by the respondent is not required to and the court may not
10order the employee to testify, participate in, or appear in
11this process for any purpose.
12    (820 ILCS 275/55 new)
13    Sec. 55. Hearing notice. Except as otherwise provided by
14law or court rule, notice of hearings on petitions or motions
15shall be served upon the respondent in accordance with Supreme
16Court Rules 11 and 12.
17    (820 ILCS 275/60 new)
18    Sec. 60. Hearings. The court shall treat a petition for a
19workplace protection restraining order as an expedited
20proceeding and may not transfer or otherwise decline to decide
21all or part of the petition. Nothing in this Section prevents
22the court from reserving issues if jurisdiction or notice
23requirements are not met.



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1    (820 ILCS 275/65 new)
2    Sec. 65. Continuances.
3    (a) A petition for an emergency workplace protection
4restraining order shall be granted or denied in accordance with
5the standards of Section 70 of this Act, regardless of the
6respondent's appearance or presence in court.
7    (b) Any action for a workplace protection restraining order
8is an expedited proceeding. Continuances shall be granted only
9for good cause shown and kept to a minimum reasonable duration,
10taking into account the reason for the continuance.
11    (820 ILCS 275/70 new)
12    Sec. 70. Emergency order.
13    (a) The court shall issue an emergency workplace protection
14restraining order if the petitioner establishes that:
15        (1) the court has jurisdiction under Section 40 of this
16    Act;
17        (2) the requirements of Sections 15 and 21 of this Act
18    are satisfied; and
19        (3) there is good cause to grant the remedy, regardless
20    of prior service of notice upon the respondent, because the
21    harm which that remedy is intended to prevent would be
22    likely to occur if the respondent were given prior notice
23    or greater notice than was actually given of the
24    petitioner's efforts to obtain judicial relief.
25    An emergency workplace protection restraining order shall



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1be issued by the court if it appears from the contents of the
2petition and the examination of the petitioner that the
3averments are sufficient to indicate irreparable harm under
4Section 20 of this Act by the respondent and to support the
5granting of relief through the issuance of the emergency
6workplace protection restraining order.
7    (b) If the respondent appears in court for the hearing for
8an emergency order, he or she may elect to file a general
9appearance and testify. Any resulting order may be an emergency
10order, governed by this Section. Notwithstanding the
11requirements of this Section, if all requirements of Section 75
12of this Act have been met, the court may issue a plenary order.
13    (c) If the court is unavailable at the close of business,
14the petitioner may file a petition for a 21-day emergency order
15before any available judge who may grant relief under this Act.
16If the judge finds that there is an immediate and present
17danger of irreparable harm and that the petitioner has
18satisfied the prerequisites set forth in subsection (a) of this
19Section, that judge may issue an emergency workplace protection
20restraining order.
21    (d) The chief judge of the circuit court may designate for
22each county in the circuit at least one judge to be reasonably
23available to issue orally, by telephone, by facsimile, by
24electronic means that comply with procedures established by the
25court, or otherwise, an emergency workplace protection
26restraining order at all times, whether or not the court is in



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2    (e) Any order issued under this Section and any
3documentation in support of the order shall be certified on the
4next court day to the appropriate court. The clerk of the court
5shall immediately assign a case number, file the petition,
6order, and other documents with the court, and enter the order
7of record and file it with the sheriff for service in
8accordance with Section 85 of this Act. Filing the petition
9shall commence proceedings for further relief under Section 30
10of this Act. Failure to comply with the requirements of this
11subsection (e) does not affect the validity of the order.
12    (820 ILCS 275/75 new)
13    Sec. 75. Plenary order. The court shall issue a plenary
14workplace protection restraining order if the petitioner has
15served notice of the hearing for that order on the respondent
16in accordance with Section 55 of this Section and establishes
18        (1) the court has jurisdiction under Section 40 of this
19    Act;
20        (2) the requirements of Sections 15 and 21 of this Act
21    are satisfied;
22        (3) a general appearance was made or filed by or for
23    the respondent or process was served on the respondent in
24    the manner required by Section 50 of this Act; and
25        (4) the respondent has answered or is in default.



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1    (820 ILCS 275/80 new)
2    Sec. 80. Employee testimony. In a plenary workplace
3protection restraining order hearing, if the court finds that
4testimony in the courtroom voluntarily offered by the employee
5who has suffered the violence may result in serious emotional
6distress to the employee who has suffered the violence, the
7court may order that the examination of the employee be
8conducted in chambers. Counsel shall be present at the
9examination unless otherwise agreed upon by the parties. The
10court shall cause a court reporter to be present who shall make
11a complete record of the examination instantaneously to be part
12of the record in the case.
13    (820 ILCS 275/85 new)
14    Sec. 85. Duration and extension of orders.
15    (a) Unless reopened or extended or voided by entry of an
16order of greater duration, an emergency order is effective for
17not less than 14 nor more than 21 days.
18    (b) A plenary workplace protection restraining order is
19effective for a fixed period of time not to exceed one year.
20    (820 ILCS 275/90 new)
21    Sec. 90. Contents of orders.
22    (a) A workplace protection restraining order shall
23describe each remedy granted by the court, in reasonable detail



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1and not by reference to any other document, so that the
2respondent may clearly understand what he or she must do or
3refrain from doing.
4    (b) A workplace protection restraining order shall include
5the following:
6        (1) the name of the petitioner;
7        (2) the date and time the workplace protection
8    restraining order was issued, whether it is an emergency or
9    plenary order, and the duration of the order;
10        (3) the date, time, and place for any scheduled hearing
11    for extension of the workplace protection restraining
12    order or for another order of greater duration or scope;
13        (4) for each remedy in an emergency workplace
14    protection restraining order, the reason for entering that
15    remedy without prior notice to the respondent or greater
16    notice than was actually given; and
17        (5) for emergency workplace protection restraining
18    orders, that the respondent may petition the court, in
19    accordance with Section 100, to reopen the order if he or
20    she did not receive actual prior notice of the hearing as
21    required under Section 55 of this Act and if the respondent
22    alleges that he or she had a meritorious defense to the
23    order or that the order or its remedy is not authorized by
24    this Act.
25    (820 ILCS 275/95 new)



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1    Sec. 95. Notice of orders.
2    (a) Upon issuance of a workplace protection restraining
3order, the clerk shall immediately, or on the next court day if
4an emergency order is issued in accordance with subsection (c)
5of Section 70 of this Act:
6        (1) enter the order on the record and file it in
7    accordance with the circuit court procedures; and
8        (2) provide a file stamped copy of the order to the
9    respondent, if present, and to the petitioner.
10    (820 ILCS 275/100 new)
11    Sec. 100. Modification.
12    (a) Except as otherwise provided in this Section, upon
13motion of the petitioner, the court may modify an emergency or
14plenary workplace protection restraining order by altering the
15remedy, subject to Section 25 of this Act.
16    (b) After 30 days following the entry of a plenary
17workplace protection restraining order, a court may modify the
18order only if a change in the applicable law or facts since the
19plenary order was entered warrants a modification of its terms.
20    (c) Upon 2 days' notice to the petitioner, or shorter
21notice as the court may prescribe, a respondent subject to an
22emergency workplace protection restraining order issued under
23this Act may appear and petition the court to rehear the
24original or amended petition. A petition to rehear shall be
25verified and shall allege that:



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1        (1) the respondent did not receive prior notice of the
2    initial hearing in which the emergency workplace
3    protection restraining order was entered under Sections 55
4    and 70 of this Act; and
5        (2) the respondent had a meritorious defense to the
6    order or any of its remedies or the order or any of its
7    remedies was not authorized by this Act.
8    (820 ILCS 275/105 new)
9    Sec. 105. Enforcement. The court may enforce workplace
10protection restraining orders through civil contempt
12    (820 ILCS 275/110 new)
13    Sec. 110. Employment discrimination. An employer seeking
14or obtaining a workplace protection restraining order shall
15comply with any federal or State law to which it is subject,
16including any provision under the Victims' Economic Security
17and Safety Act and the Illinois Human Rights Act, regarding
18employee protections and the rights of the employee who has
19suffered the violence.
20    (820 ILCS 275/115 new)
21    Sec. 115. Effect on other laws and employment benefits.
22    (a) Nothing in this Act shall be construed to supersede any
23provision of any federal, State, or local law, collective



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1bargaining agreement, or employment benefits program or plan
2that provides employment protections for employees, including
3any provision under the Victims' Economic Security and Safety
4Act and the Illinois Human Rights Act.
5    (b) Any other claims under the Victims' Economic Security
6and Safety Act against the employer may be heard as part of a
7civil action under this Act.
8    (820 ILCS 275/120 new)
9    Sec. 120. Exemptions.
10    (a) The court may not enter a workplace protection
11restraining order that enjoins the following activities:
12        (1) lawful monitoring of compliance with public or
13    worker safety laws, wage and hour requirements, or other
14    statutory workplace requirements;
15        (2) lawful picketing, patrolling, using a banner, or
16    other lawful protesting at the workplace which arises out
17    of a bona fide labor dispute; and
18        (3) engaging in concerted and protected activities as
19    defined in applicable labor law.
20    (b) As used in this Section, "bona fide labor dispute"
21means any activity recognized as a labor dispute by the
22National Labor Relations Act, the Illinois Public Labor
23Relations Act, or the Illinois Educational Labor Relations Act,
24and includes a controversy concerning: wages, salaries, hours,
25working conditions, or benefits, including health and welfare,



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1sick leave, insurance, and pension or retirement provisions;
2the terms to be included in collective bargaining agreements;
3and the making, maintaining, administering, and filing of
4protests or grievances under a collective bargaining
6    (820 ILCS 275/125 new)
7    Sec. 125. Confidentiality and privacy. The employer shall
8keep all information relating to a workplace protection
9restraining order in the strictest confidence, limiting
10information only to those employees who have a current
11demonstrable interest related to the safety of the employee who
12has suffered the violence.
13    (820 ILCS 275/130 new)
14    Sec. 130. Exemption.
15    (a) This Act does not apply to any individual or
16organization that is lawfully (i) monitoring for compliance
17with public or worker safety laws, wage and hour requirements,
18or other statutory requirements or (ii) picketing, patrolling,
19using a banner, or otherwise protesting at the workplace in
20relation to a bona fide labor dispute including any controversy
21concerning wages, salaries, hours, working conditions or
22benefits, including health and welfare, sick leave, insurance,
23and pension or retirement provisions, the making or maintaining
24of collective bargaining agreements, and the terms to be



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1included in those agreements.
2    (b) This Act does not apply to any lawful exercise of the
3right of free speech or assembly.
4    Section 99. Effective date. This Act takes effect upon
5becoming law.