Illinois General Assembly - Full Text of SB2945
Illinois General Assembly

Previous General Assemblies

Full Text of SB2945  97th General Assembly


Sen. Dan Duffy

Filed: 3/1/2012





09700SB2945sam002LRB097 17926 RPM 66893 a


2    AMENDMENT NO. ______. Amend Senate Bill 2945, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Right to Privacy in the Workplace Act is
6amended 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
10    (a) Except as otherwise specifically provided by law and
11except as provided in subsections (b) and (c) of this Section,
12it shall be unlawful for an employer to refuse to hire or to
13discharge any individual, or otherwise disadvantage any
14individual, with respect to compensation, terms, conditions or
15privileges of employment because the individual uses lawful
16products off the premises of the employer during nonworking



09700SB2945sam002- 2 -LRB097 17926 RPM 66893 a

2    (b) This Section does not apply to any employer that is a
3non-profit organization that, as one of its primary purposes or
4objectives, discourages the use of one or more lawful products
5by the general public. This Section does not apply to any
6for-profit employer that, as its sole business purpose or
7objective, provides medical or hospital treatment to patients
8who have a cancerous condition, and that refuses to hire or
9discharges any individual, or otherwise disadvantages any
10individual, with respect to compensation, terms, conditions,
11or privileges of employment because the individual uses tobacco
12products, including cigarettes, pipes, cigars, chewing
13tobacco, snus, snuff, clove cigarettes, electronic cigarettes,
14and similar products. This Section does not apply to the use of
15those lawful products which impairs an employee's ability to
16perform the employee's assigned duties.
17    (c) It is not a violation of this Section for an employer
18to offer, impose or have in effect a health, disability or life
19insurance policy that makes distinctions between employees for
20the type of coverage or the price of coverage based upon the
21employees' 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.



09700SB2945sam002- 3 -LRB097 17926 RPM 66893 a

1(Source: P.A. 87-807.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".