Bill Text: IL SB2312 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-04-25 - Senate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a) [SB2312 Detail]

Download: Illinois-2013-SB2312-Amended.html

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Sen. David S. Luechtefeld

Filed: 3/15/2013

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AMENDMENT TO SENATE BILL 2312
AMENDMENT NO. ______. Amend Senate Bill 2312 by replacing
everything after the enacting clause with the following:
"Section 5. The Right to Privacy in the Workplace Act is
amended by changing Section 5 as follows:
(820 ILCS 55/5) (from Ch. 48, par. 2855)
Sec. 5. Discrimination for use of lawful products
prohibited.
(a) Except as otherwise specifically provided by law 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
hours.

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(b)(1) 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.
(2) This Section does not apply to any employer that, as
its business purpose or objective, provides medical or hospital
treatment to patients who have a cancerous condition, that
gives new employees blood tests for tobacco use, and that:
(A) refuses to hire any individual on or after the
effective date of this amendatory Act of the 98th General
Assembly because the individual uses a tobacco product; or
(B) discharges any individual who was hired on or after
the effective date of this amendatory Act of the 98th
General Assembly because the individual uses a tobacco
product or otherwise disadvantages any individual who was
hired on or after the effective date of this amendatory Act
of the 98th General Assembly with respect to compensation,
terms, conditions, or privileges of employment because the
individual uses a tobacco product.
An employer described in this paragraph (2) that takes any
of the adverse actions described in subparagraph (B) of this
paragraph (2) must give its employees the right to appeal those
adverse actions.
As used in this paragraph (2), "tobacco product" includes
cigarettes, pipes, cigars, chewing tobacco, snus, snuff, clove
cigarettes, electronic cigarettes, and similar products.

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(3) 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. 87-807.)
Section 99. Effective date. This Act takes effect upon
becoming law.".