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(820 ILCS 55/5)
(from Ch. 48, par. 2855)
Discrimination for use of lawful products prohibited.
(a) Except as otherwise specifically provided by law and except as
provided in subsections (b) and (c) of this Section, it shall be unlawful
for an employer to refuse to hire or to discharge any individual, or
otherwise disadvantage any individual, with respect to compensation, terms,
conditions or privileges of employment because the individual uses lawful
products off the premises of the employer during nonworking hours.
(b) This Section does not apply to any employer that is a non-profit
organization that, as one of its primary purposes or objectives,
discourages the use of one or more lawful products by the general public.
This Section does not apply to the use of those lawful products which
impairs an employee's ability to perform the employee's assigned duties.
(c) It is not a violation of this Section for an employer to offer,
impose or have in effect a health, disability or life insurance policy that
makes distinctions between employees for the type of coverage or the price
of coverage based upon the employees' use of lawful products provided that:
(1) differential premium rates charged employees
reflect a differential cost to the employer; and
(2) employers provide employees with a statement
delineating the differential rates used by insurance carriers.
(Source: P.A. 87-807.)