Rep. La Shawn K. Ford
Adopted in House on Mar 09, 2012
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AMENDMENT TO HOUSE BILL 3782
AMENDMENT NO. ______. Amend House Bill 3782 by replacing
everything after the enacting clause with the following:
The Right to Privacy in the Workplace Act is
amended by changing Section 10 as follows:
(820 ILCS 55/10)
(from Ch. 48, par. 2860)
It shall be unlawful for any employer
to inquire, in a
written application or in any other manner, of any
employee or of the prospective employee's previous employers,
whether that prospective employee has ever filed a claim for
the Workers' Compensation Act or Workers'
Occupational Diseases Act or
received benefits under these
(b) It shall be unlawful for any employer to ask any
prospective employee to provide any password or
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other related account information in order to gain access to
the employee's or prospective employee's account or profile on
a social networking website.
"Social networking site" means an internet-based service
that allows individuals to: (1) construct a public or
semi-public profile within a bounded system created by the
service; (2) create a list of other users with whom they share
a connection within the system; and (3) view and navigate their
list of connections and those made by others within the system.
A social networking site shall not include electronic mail.
This subsection shall not apply to any employer who obtains
information about a prospective employee or an employee that is
in the public domain or obtained in compliance with this
amendatory act of the 97th General Assembly.
This subsection shall not limit an employer's right to
promulgate and maintain lawful workplace policies governing
the use of the employer's electronic equipment, including
policies regarding internet use, social networking site use,
and electronic mail use.
(Source: P.A. 87-807.)".