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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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

Sen. David S. Luechtefeld

Filed: 3/15/2013

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1
AMENDMENT TO SENATE BILL 2312
2 AMENDMENT NO. ______. Amend Senate Bill 2312 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The Right to Privacy in the Workplace Act is
5amended by changing Section 5 as follows:
6 (820 ILCS 55/5) (from Ch. 48, par. 2855)
7 Sec. 5. Discrimination for use of lawful products
8prohibited.
9 (a) Except as otherwise specifically provided by law and
10except as provided in subsections (b) and (c) of this Section,
11it shall be unlawful for an employer to refuse to hire or to
12discharge any individual, or otherwise disadvantage any
13individual, with respect to compensation, terms, conditions or
14privileges of employment because the individual uses lawful
15products off the premises of the employer during nonworking
16hours.

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1 (b)(1) This Section does not apply to any employer that is
2a non-profit organization that, as one of its primary purposes
3or objectives, discourages the use of one or more lawful
4products by the general public.
5 (2) This Section does not apply to any employer that, as
6its business purpose or objective, provides medical or hospital
7treatment to patients who have a cancerous condition, that
8gives 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
21of the adverse actions described in subparagraph (B) of this
22paragraph (2) must give its employees the right to appeal those
23adverse actions.
24 As used in this paragraph (2), "tobacco product" includes
25cigarettes, pipes, cigars, chewing tobacco, snus, snuff, clove
26cigarettes, electronic cigarettes, and similar products.

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1 (3) This Section does not apply to the use of those lawful
2products which impairs an employee's ability to perform the
3employee's assigned duties.
4 (c) It is not a violation of this Section for an employer
5to offer, impose or have in effect a health, disability or life
6insurance policy that makes distinctions between employees for
7the type of coverage or the price of coverage based upon the
8employees' use of lawful products provided that:
9 (1) differential premium rates charged employees
10 reflect a differential cost to the employer; and
11 (2) employers provide employees with a statement
12 delineating the differential rates used by insurance
13 carriers.
14(Source: P.A. 87-807.)
15 Section 99. Effective date. This Act takes effect upon
16becoming law.".
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