98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2943

 

Introduced 2/4/2014, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Workplace Bullying Prohibition Act. Provides that bullying is prohibited in the workplace. Applies to employers having more than 2 employees. Defines terms. Requires an employer to establish a policy regarding workplace bullying and file the policy with the Department of Labor. Provides that a violation of the Act constitutes a business offense subject to a fine of not less than $1,000 and not more than $2,000.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Workplace Bullying Prohibition Act.
 
6    Section 5. Findings. The General Assembly finds that a
7safe work environment is beneficial for economic development in
8this State. The General Assembly further finds that bullying
9has been linked to other antisocial behavior such as
10absenteeism, drug and alcohol use, and sexual violence. The
11General Assembly finds that bullying reduces productivity,
12increases costs, and reduces competitiveness in the economic
13marketplace.
 
14    Section 10. Definitions. In this Act:
15    "Bullying" means any severe or pervasive physical or verbal
16act or conduct, including communications made in writing or
17electronically, directed toward a person that has or can be
18reasonably predicted to have the effect or one or more of the
19following:
20        (1) placing the person in reasonable fear of harm to
21    the person or the person's property;
22        (2) causing a substantially detrimental effect on the

 

 

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1    person's physical or mental health;
2        (3) substantially interfering with the person's
3    productivity; or
4        (4) substantially interfering with the person's
5    ability to participate in or benefit from the opportunities
6    offered by the employer.
7    "Department" means the Department of Labor.
8    "Director" means the Director of Labor.
9    "Employee" means an individual permitted to work by an
10employer.
11    "Employer" means any person or entity doing business in
12this State that employs 3 or more individuals.
 
13    Section 15. Bullying prohibited.
14    (a) Bullying on the basis of actual or perceived race,
15color, religion, sex, national origin, ancestry, age, marital
16status, physical or mental disability, military status, sexual
17orientation, gender-related identity or expression,
18unfavorable discharge from military service, association with
19a person or group with one or more of the aforementioned actual
20or perceived characteristics, or any other distinguishing
21characteristic is prohibited in all places of employment, and
22an employer shall prevent bullying in its place of employment.
23    (b) No person shall be subjected to bullying:
24        (1) during any period of employment activity;
25        (2) while working, on property of the employer, or at

 

 

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1    employer-sponsored or employer-sanctioned events or
2    activities; or
3        (3) through the transmission of information from an
4    employment utilized computer, computer network, or other
5    similar electronic employer utilized equipment.
6    (c) Bullying that is prohibited by this Act may take
7various forms including, without limitation, one or more of the
8following: harassment, threats, intimidation, stalking,
9physical violence, sexual harassment, sexual violence, theft,
10public humiliation, destruction of property, or retaliation
11for asserting or alleging an act of bullying. This list is
12meant to be illustrative and non-exhaustive.
 
13    Section 20. Workplace bullying policy. An employer shall
14create and maintain a policy on workplace bullying. The policy
15must be filed with the Department. An employer shall
16communicate the policy to its employees. The policy must be
17reviewed and updated every 2 years and filed with the
18Department. The Department shall monitor the implementation of
19policies created under this Section.
 
20    Section 25. Interpretation. This Act shall not be
21interpreted to prevent a victim from seeking redress under any
22other available civil or criminal law. Nothing in this Act is
23intended to infringe upon any right to exercise free expression
24or the free exercise of religion or religiously based views

 

 

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1protected under the First Amendment to the United States
2Constitution or under Section 3 or 4 of Article I of the
3Illinois Constitution.
 
4    Section 30. Violation. A person violating the provisions
5of this Act is guilty of a business offense and shall be fined
6not less than $1,000 and not more than $2,000 for each
7violation. Each day of violation shall be considered a separate
8offense.