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Sen. David S. Luechtefeld
Filed: 3/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 2312
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2312 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Right to Privacy in the Workplace Act is |
| 5 | | amended by changing Section 5 as follows:
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| 6 | | (820 ILCS 55/5) (from Ch. 48, par. 2855)
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| 7 | | Sec. 5. Discrimination for use of lawful products |
| 8 | | prohibited.
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| 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
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| 15 | | products off the premises of the employer during nonworking |
| 16 | | hours.
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| 1 | | (b)(1) This Section does not apply to any employer that is |
| 2 | | a non-profit
organization that, as one of its primary purposes |
| 3 | | or objectives,
discourages the use of one or more lawful |
| 4 | | products by the general public. |
| 5 | | (2) This Section does not apply to any employer that, as |
| 6 | | its business purpose or objective, provides medical or hospital |
| 7 | | treatment to patients who have a cancerous condition, that |
| 8 | | gives new employees blood tests for tobacco use, and that: |
| 9 | | (A) refuses to hire any individual on or after the |
| 10 | | effective date of this amendatory Act of the 98th General |
| 11 | | Assembly because the individual uses a tobacco product; or |
| 12 | | (B) discharges any individual who was hired on or after |
| 13 | | the effective date of this amendatory Act of the 98th |
| 14 | | General Assembly because the individual uses a tobacco |
| 15 | | product or otherwise disadvantages any individual who was |
| 16 | | hired on or after the effective date of this amendatory Act |
| 17 | | of the 98th General Assembly with respect to compensation, |
| 18 | | terms, conditions, or privileges of employment because the |
| 19 | | individual uses a tobacco product. |
| 20 | | An employer described in this paragraph (2) that takes any |
| 21 | | of the adverse actions described in subparagraph (B) of this |
| 22 | | paragraph (2) must give its employees the right to appeal those |
| 23 | | adverse actions. |
| 24 | | As used in this paragraph (2), "tobacco product" includes |
| 25 | | cigarettes, pipes, cigars, chewing tobacco, snus, snuff, clove |
| 26 | | cigarettes, electronic cigarettes, and similar products.
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| 1 | | (3) This Section does not apply to the use of those lawful |
| 2 | | products which
impairs an employee's ability to perform the |
| 3 | | employee's assigned duties.
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| 4 | | (c) It is not a violation of this Section for an employer |
| 5 | | to offer,
impose or have in effect a health, disability or life |
| 6 | | insurance policy that
makes distinctions between employees for |
| 7 | | the type of coverage or the price
of coverage based upon the |
| 8 | | employees' use of lawful products provided that:
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| 9 | | (1) differential premium rates charged employees |
| 10 | | reflect a
differential cost to the employer; and
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| 11 | | (2) employers provide employees with a statement |
| 12 | | delineating the
differential rates used by insurance |
| 13 | | carriers.
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| 14 | | (Source: P.A. 87-807.)
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| 15 | | Section 99. Effective date. This Act takes effect upon |
| 16 | | becoming law.".
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