Bill Text: IL HB1363 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Gender Violence Act. Defines "employee", "employer", and "workplace". Changes the definition of "gender-related violence" to also mean domestic violence. Provides that an employer is only liable for gender-related violence committed in the work environment by an employee or agent of the employer. Provides that liability only extends to gender-related violence that occurs while the employee was directly performing the employee's job duties and the job duties were the proximate cause of the injury, or while agent of the employer was directly involved in the performance of the contracted work and the contracted work was the proximate cause of the injury. Provides that an employer is liable for gender-related violence if the employer: failed to supervise, train, or monitor the employee who engaged in the gender-related violence; or failed to investigate complaints or reports directly provided to a supervisor, manager, owner, or another person designated by the employer of similar conduct by an employee or agent of the employer and the employer failed to take remedial measures in response to the complaints or reports. Requires an action against an employer for gender-related violence to be commenced within 4 years after the cause of action accrued, except that if the person entitled to bring the action was a minor at the time the cause of action accrued, then within 4 years after the person reaches the age of 18. Provides that no person has the power to waive any provision of the Act as part of a dissolution of marriage agreement, civil union, domestic partnership, or custody agreement.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0282 [HB1363 Detail]

Download: Illinois-2023-HB1363-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1363 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
740 ILCS 82/5
740 ILCS 82/11 new
740 ILCS 82/20
740 ILCS 82/25 new
Amends the Gender Violence Act. Defines "employee", "employer", "work environment", and "workplace". Changes the definition of "gender-related violence" to include domestic violence. Provides that an employer shall be liable only for gender-related violence committed in the work environment by an employee or agent of the employer. Provides specific instances in which an employer is liable for gender-related violence. Provides that no person shall have the power to waive any provisions of the Act as part of a dissolution of marriage agreement, dissolution of civil union agreement, dissolution of domestic partnership agreement, or custody agreement. Makes corresponding changes.
LRB103 25675 LNS 52024 b
A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Gender Violence Act is amended by changing
Sections 5 and 20 and by adding Sections 11 and 25 as follows:
(740 ILCS 82/5)
Sec. 5. Definitions Definition. In this Act: ,
"Employee" has the meaning provided in Section 2-101 of
the Illinois Human Rights Act.
"Employer" has the meaning provided in Section 2-101 of
the Illinois Human Rights Act.
"Gender-related gender-related violence", which is a form
of sex discrimination, means the following:
(1) One or more acts of violence or physical
aggression satisfying the elements of battery under the
laws of Illinois that are committed, at least in part, on
the basis of a person's sex, whether or not those acts have
resulted in criminal charges, prosecution, or conviction.
(2) A physical intrusion or physical invasion of a
sexual nature under coercive conditions satisfying the
elements of battery under the laws of Illinois, whether or
not the act or acts resulted in criminal charges,
prosecution, or conviction.

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(2.5) Domestic violence, as defined in the Illinois
Domestic Violence Act of 1986.
(3) A threat of an act described in item (1), or (2),
or (2.5) causing a realistic apprehension that the
originator of the threat will commit the act.
"Work environment" means the employee's workplace and
employer's premises, including any building, real property,
and parking area under the control of the employer, or any
other location while used for an employer-sanctioned purpose.
"Workplace" means where an employee or agent of the
employer completes the work the employee or agent was hired to
perform or tasks incidental to the employee's or agent's
employment.
(Source: P.A. 93-416, eff. 1-1-04.)
(740 ILCS 82/11 new)
Sec. 11. Employer liability for an employee or agent. An
employer shall be liable only for gender-related violence
committed in the work environment by an employee or agent of
the employer. An employer shall be liable for gender-related
violence if the employer:
(1) failed to supervise, train, or monitor the
employee who engaged in the gender-related violence; or
(2) failed to investigate complaints or reports
directly provided to a supervisor, manager, owner, or
another person designated by the employer of similar

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conduct by an employee or agent of the employer and the
employer failed to take remedial measures in response to
the complaints or reports.
(740 ILCS 82/20)
Sec. 20. Limitation. An action by an individual based on
gender-related violence as defined in paragraph (1), or (2),
or (2.5) of Section 5 or under Section 11 must be commenced
within 7 years after the cause of action accrued, except that
if the person entitled to bring the action was a minor at the
time the cause of action accrued, the action must be commenced
within 7 years after the person reaches the age of 18. An
action based on gender-related violence as defined in
paragraph (3) of Section 5 must be commenced within 2 years
after the cause of action accrued, except that if the person
entitled to bring the action was a minor at the time the cause
of action accrued, the action must be commenced within 2 years
after the person reaches the age of 18.
(Source: P.A. 93-416, eff. 1-1-04.)
(740 ILCS 82/25 new)
Sec. 25. No waiver. No person shall have the power to waive
any of the provisions of this Act as part of a dissolution of
marriage agreement, dissolution of civil union agreement,
dissolution of domestic partnership agreement, or custody
agreement. Any such purported waiver is considered against

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public policy, void, and severable from an otherwise valid and
enforceable agreement.