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

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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: 4/15/2013

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AMENDMENT TO SENATE BILL 2312
AMENDMENT NO. ______. Amend Senate Bill 2312, AS AMENDED,
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

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hours.
(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. 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.
(2)(A) 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
administers a saliva or urine test, or both, for tobacco use,
and that:
(i) 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
(ii) 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.
(B) An employer described in this paragraph (2) may enforce
an action described in item (i) or (ii) of subparagraph (A) as
long as the action taken:

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(i) relates to a bona fide occupational requirement and
is reasonably related to employment activities and
responsibilities of a particular employee or group of
employees; or
(ii) is necessary to avoid a conflict of interest or
the appearance of a conflict of interest with any
responsibilities owed by the employee to the employer.
(C) An employer described in this paragraph (2) shall:
(i) publish a statement notifying employees and
prospective employees of the employer's policy on tobacco
use, including, but not limited to, the employer's
enforcement mechanisms, the frequency of testing, and any
adverse actions that could be taken against an employee for
violations of the policy and the employee's rights to
appeal any adverse actions;
(ii) provide written notification to employees and
prospective employees that, as a condition of employment,
an employee must abide by the terms of the statement; and
(iii) establish a tobacco free awareness program to
educate employees about the employer's policy and to
provide tobacco cessation counseling and assistance.
(D) As used in this paragraph (2), "tobacco product"
includes cigarettes, pipes, cigars, chewing tobacco, snus,
snuff, clove cigarettes, electronic cigarettes, and similar
products.
(3) This Section does not apply to the use of those lawful

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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.".