Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(820 ILCS 55/5)
(from Ch. 48, par. 2855)
Discrimination for use of lawful products prohibited.
(a) Except as otherwise specifically provided by law, including Section 10-50 of the Cannabis Regulation and Tax Act, and except as
provided in subsections (b) and (c) of this Section, it shall be unlawful
for an employer to refuse to hire or to discharge any individual, or
otherwise disadvantage any individual, with respect to compensation, terms,
conditions or privileges of employment because the individual uses lawful
products off the premises of the employer during nonworking and non-call hours. As used in this Section, "lawful products" means products that are legal under state law. For purposes of this Section, an employee is deemed on-call when the employee is scheduled with at least 24 hours' notice by his or her employer to be on standby or otherwise responsible for performing tasks related to his or her employment either at the employer's premises or other previously designated location by his or her employer or supervisor to perform a work-related task.
(b) This Section does not apply to any employer that is a non-profit
organization that, as one of its primary purposes or objectives,
discourages the use of one or more lawful products by the general public.
This Section does not apply to the use of those lawful products which
impairs an employee's ability to perform the employee's assigned duties.
(c) It is not a violation of this Section for an employer to offer,
impose or have in effect a health, disability or life insurance policy that
makes distinctions between employees for the type of coverage or the price
of coverage based upon the employees' use of lawful products provided that:
(1) differential premium rates charged employees
reflect a differential cost to the employer; and
(2) employers provide employees with a statement
delineating the differential rates used by insurance carriers.
(Source: P.A. 101-27, eff. 6-25-19.)