Bill Text: IL HB3834 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Reproductive Health Discrimination Ban Act. Prohibits employers from discriminating or taking retaliatory personnel action against an employee with respect to compensation, terms, conditions, or privileges of employment because of or on the basis of an employee's or dependent's reproductive health decision making, including, but not limited to, a decision to use or access a particular drug, device, or medical service. Authorizes actions for damages, injunctive relief, and recovery of attorney's fees. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3834 Detail]

Download: Illinois-2021-HB3834-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3834 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED:
New Act
Creates the Reproductive Health Discrimination Ban Act. Prohibits employers from discriminating or taking retaliatory personnel action against an employee with respect to compensation, terms, conditions, or privileges of employment because of or on the basis of an employee's or dependent's reproductive health decision making, including, but not limited to, a decision to use or access a particular drug, device, or medical service. Authorizes actions for damages, injunctive relief, and recovery of attorney's fees. Effective immediately.
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A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Reproductive Health Discrimination Ban Act.
Section 5. Definitions. In this Act:
"Employer" has the meaning ascribed to that term in the
Labor Dispute Act.
"Retaliatory personnel action" means discharging,
suspending, demoting, or otherwise penalizing an employee for:
(1) making or threatening to make, a complaint to an
employer, co-worker, or to a public body, that rights
guaranteed under this Act have been violated;
(2) causing to be instituted any proceeding under or
related to this Act;
(3) providing information to, or testifying before,
any public body conducting an investigation, hearing, or
inquiry into any such violation of a law, or rule by such
employer.
Section 10. Prohibition of discrimination based on an
employee's or a dependent's reproductive health decision
making.

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(a) An employer may not access an employee's personal
information regarding the employee's or the employee's
dependent's reproductive health decision making, including,
but not limited to, the decision to use or access a particular
drug, device, or medical service without the employee's prior
informed affirmative written consent.
(b) An employer may not:
(1) discriminate or take any retaliatory personnel
action against an employee with respect to compensation,
terms, conditions, or privileges of employment because of
or on the basis of the employee's or dependent's
reproductive health decision making, including, but not
limited to, a decision to use or access a particular drug,
device, or medical service; or
(2) require an employee to sign a waiver or other
document that purports to deny an employee the right to
make his or her own reproductive health care decisions,
including use of a particular drug, device, or medical
service.
(c) An employer that provides an employee handbook to its
employees must include in the handbook notice of employee
rights and remedies under this Act.
(d) An employee may bring a civil action against an
employer alleged to have violated the provisions of this Act.
In any civil action alleging a violation of this Act, the court
may do any or all of the following:

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(1) award damages, including, but not limited to, back
pay, benefits, and reasonable attorney's fees and costs
incurred to a prevailing plaintiff;
(2) afford injunctive relief against any employer that
commits or proposes to commit a violation of the
provisions of this Act;
(3) order reinstatement; and
(4) award liquidated damages equal to 100% of the
award for damages under paragraph (1) unless an employer
proves a good faith basis to believe that its actions in
violation of this Act were in compliance with the law.
(e) Nothing in this Act shall be construed to limit any
rights of an employee provided through any other provision of
law, common law, or collective bargaining unit.
Section 99. Effective date. This Act takes effect upon
becoming law.