Full Text of SB2945 97th General Assembly
SB2945sam002 97TH GENERAL ASSEMBLY | Sen. Dan Duffy Filed: 3/1/2012
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| 1 | | AMENDMENT TO SENATE BILL 2945
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2945, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Right to Privacy in the Workplace Act is | 6 | | amended by changing Section 5 as follows:
| 7 | | (820 ILCS 55/5) (from Ch. 48, par. 2855)
| 8 | | Sec. 5. Discrimination for use of lawful products | 9 | | prohibited.
| 10 | | (a) Except as otherwise specifically provided by law and | 11 | | except as
provided in subsections (b) and (c) of this Section, | 12 | | it shall be unlawful
for an employer to refuse to hire or to | 13 | | discharge any individual, or
otherwise disadvantage any | 14 | | individual, with respect to compensation, terms,
conditions or | 15 | | privileges of employment because the individual uses lawful
| 16 | | products off the premises of the employer during nonworking |
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| 1 | | hours.
| 2 | | (b) This Section does not apply to any employer that is a | 3 | | non-profit
organization that, as one of its primary purposes or | 4 | | objectives,
discourages the use of one or more lawful products | 5 | | by the general public. This Section does not apply to any | 6 | | for-profit employer that, as its sole business purpose or | 7 | | objective, provides medical or hospital treatment to patients | 8 | | who have a cancerous condition, and that refuses to hire or | 9 | | discharges any individual, or otherwise disadvantages any | 10 | | individual, with respect to compensation, terms, conditions, | 11 | | or privileges of employment because the individual uses tobacco | 12 | | products, including cigarettes, pipes, cigars, chewing | 13 | | tobacco, snus, snuff, clove cigarettes, electronic cigarettes, | 14 | | and similar products.
This Section does not apply to the use of | 15 | | those lawful products which
impairs an employee's ability to | 16 | | perform the employee's assigned duties.
| 17 | | (c) It is not a violation of this Section for an employer | 18 | | to offer,
impose or have in effect a health, disability or life | 19 | | insurance policy that
makes distinctions between employees for | 20 | | the type of coverage or the price
of coverage based upon the | 21 | | employees' use of lawful products provided that:
| 22 | | (1) differential premium rates charged employees | 23 | | reflect a
differential cost to the employer; and
| 24 | | (2) employers provide employees with a statement | 25 | | delineating the
differential rates used by insurance | 26 | | carriers.
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| 1 | | (Source: P.A. 87-807.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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