Rep. La Shawn K. Ford

Adopted in House on Mar 09, 2012





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2    AMENDMENT NO. ______. Amend House Bill 3782 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 10 as follows:
6    (820 ILCS 55/10)  (from Ch. 48, par. 2860)
7    Sec. 10. Prohibited inquiries.
8    (a) It shall be unlawful for any employer to inquire, in a
9written application or in any other manner, of any prospective
10employee or of the prospective employee's previous employers,
11whether that prospective employee has ever filed a claim for
12benefits under the Workers' Compensation Act or Workers'
13Occupational Diseases Act or received benefits under these
15    (b) It shall be unlawful for any employer to ask any
16employee or prospective employee to provide any password or



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1other related account information in order to gain access to
2the employee's or prospective employee's account or profile on
3a social networking website.
4    "Social networking site" means an internet-based service
5that allows individuals to: (1) construct a public or
6semi-public profile within a bounded system created by the
7service; (2) create a list of other users with whom they share
8a connection within the system; and (3) view and navigate their
9list of connections and those made by others within the system.
10A social networking site shall not include electronic mail.
11    This subsection shall not apply to any employer who obtains
12information about a prospective employee or an employee that is
13in the public domain or obtained in compliance with this
14amendatory act of the 97th General Assembly.
15    This subsection shall not limit an employer's right to
16promulgate and maintain lawful workplace policies governing
17the use of the employer's electronic equipment, including
18policies regarding internet use, social networking site use,
19and electronic mail use.
20(Source: P.A. 87-807.)".