Bill Text: IL SB3038 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the Workplace Violence Prevention Act. Provides that the Act does not apply to the monitoring of compliance with certain worker safety laws, lawful picketing, or the exercise of the right of free speech or assembly that is otherwise lawful. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Passed) 2014-07-16 - Public Act . . . . . . . . . 98-0766 [SB3038 Detail]

Download: Illinois-2013-SB3038-Chaptered.html

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Public Act 098-0766
SB3038 Enrolled LRB098 16985 JLS 52067 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Victims' Economic Security and Safety Act is
amended by changing Section 30 as follows:
(820 ILCS 180/30)
Sec. 30. Victims' employment sustainability; prohibited
discriminatory acts.
(a) An employer shall not fail to hire, refuse to hire,
discharge, constructively discharge, or harass any individual,
otherwise discriminate against any individual with respect to
the compensation, terms, conditions, or privileges of
employment of the individual, or retaliate against an
individual in any form or manner, and a public agency shall not
deny, reduce, or terminate the benefits of, otherwise sanction,
or harass any individual, otherwise discriminate against any
individual with respect to the amount, terms, or conditions of
public assistance of the individual, or retaliate against an
individual in any form or manner, because:
(1) the individual involved:
(A) is or is perceived to be a victim of domestic
or sexual violence;
(B) attended, participated in, prepared for, or

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

resulting from circumstances relating to being a victim of
domestic or sexual violence or a family or household member
being a victim of domestic or sexual violence of an
otherwise qualified individual:
(A) who is:
(i) an applicant or employee of the employer
(including a public agency); or
(ii) an applicant for or recipient of public
assistance from a public agency; and
(B) who is:
(i) a victim of domestic or sexual violence; or
(ii) with a family or household member who is a
victim of domestic or sexual violence whose
interests are not adverse to the individual in
subparagraph (A) as it relates to the domestic or
sexual violence;
unless the employer or public agency can demonstrate that
the accommodation would impose an undue hardship on the
operation of the employer or public agency.
A reasonable accommodation must be made in a timely
fashion. Any exigent circumstances or danger facing the
employee or his or her family or household member shall be
considered in determining whether the accommodation is
reasonable.
(2) "Qualified individual" means:
(A) in the case of an applicant or employee

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

subparagraph (B).
(B) Factors to be considered. In determining
whether a reasonable accommodation would impose an
undue hardship on the operation of an employer or
public agency, factors to be considered include:
(i) the nature and cost of the reasonable
accommodation needed under this Section;
(ii) the overall financial resources of the
facility involved in the provision of the
reasonable accommodation, the number of persons
employed at such facility, the effect on expenses
and resources, or the impact otherwise of such
accommodation on the operation of the facility;
(iii) the overall financial resources of the
employer or public agency, the overall size of the
business of an employer or public agency with
respect to the number of employees of the employer
or public agency, and the number, type, and
location of the facilities of an employer or public
agency; and
(iv) the type of operation of the employer or
public agency, including the composition,
structure, and functions of the workforce of the
employer or public agency, the geographic
separateness of the facility from the employer or
public agency, and the administrative or fiscal

relationship of the facility to the employer or
public agency.
(c) An employer subject to Section 21 of the Workplace
Violence Prevention Act shall not violate any provisions of the
Workplace Violence Prevention Act.
(Source: P.A. 96-635, eff. 8-24-09.)
Section 10. The Workplace Violence Prevention Act is
amended by changing Sections 10, 15, 20, 25, 30, and 35 and by
adding Sections 21, 40, 45, 50, 55, 60, 65, 70, 75, 80, 85, 90,
95, 100, 105, 110, 115, 120, 125, and 130 as follows:
(820 ILCS 275/10)
Sec. 10. Definitions. As used in this Act:
"Credible threat of violence" means a statement or course
of conduct that does not serve a legitimate purpose and that
causes a reasonable person to fear for the person's safety at
his or her workplace or for the safety of others at his or her
workplace the person's immediate family.
"Employee" means:
(1) a person employed or permitted to work or perform a
service for remuneration;
(2) a member of a board of directors of any
organization;
(3) an elected or appointed public officer; and
(4) a volunteer, independent contractor, agency

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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