Full Text of SB1363 99th General Assembly
SB1363 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1363 Introduced 2/18/2015, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
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Creates the Workplace Bullying Prohibition Act. Provides that bullying is prohibited in the workplace. Applies to employers that employ 3 or more individuals but excludes the State, State agencies, and units of local government. Defines terms. Requires an employer to establish a policy regarding workplace bullying and file the policy electronically with the Department of Labor. Provides an exception for certain labor activities. Provides that a violation of the Act by an employer 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 | |
| | A BILL FOR |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Workplace Bullying Prohibition Act. | 6 | | Section 5. Findings. The General Assembly finds that a | 7 | | safe work environment is beneficial for economic development in | 8 | | this State. The General Assembly further finds that bullying | 9 | | has been linked to other antisocial behavior such as | 10 | | absenteeism, drug and alcohol use, and sexual violence. The | 11 | | General Assembly finds that bullying reduces productivity, | 12 | | increases costs, and reduces competitiveness in the economic | 13 | | marketplace. | 14 | | Section 10. Definitions. In this Act: | 15 | | "Bullying" means any severe or pervasive physical or verbal | 16 | | act or conduct, including communications made in writing or | 17 | | electronically, directed toward a person that has or can be | 18 | | reasonably predicted to have the effect or one or more of the | 19 | | following: | 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 | 10 | | employer. | 11 | | "Employer" means any person or entity doing business in | 12 | | this State that employs 3 or more individuals; however, | 13 | | "employer" does not include the State, a State agency as | 14 | | defined in the Illinois State Auditing Act, or a unit of local | 15 | | government as defined in Section 1 of Article VII of the | 16 | | Illinois Constitution. | 17 | | Section 15. Bullying prohibited.
| 18 | | (a) Bullying on the basis of actual or perceived race, | 19 | | color, religion, sex, national origin, ancestry, age, marital | 20 | | status, physical or mental disability, military status, sexual | 21 | | orientation, gender-related identity or expression, | 22 | | unfavorable discharge from military service, association with | 23 | | a person or group with one or more of the aforementioned actual | 24 | | or perceived characteristics, or any other distinguishing | 25 | | characteristic is prohibited in all places of employment, and |
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| 1 | | an employer shall prevent bullying in its place of employment. | 2 | | (b) No person shall be subjected to bullying: | 3 | | (1) during any period of employment activity; | 4 | | (2) while working, on property of the employer, or at | 5 | | employer-sponsored or employer-sanctioned events or | 6 | | activities; or | 7 | | (3) through the transmission of information from an | 8 | | employment utilized computer, computer network, or other | 9 | | similar electronic employment utilized equipment. | 10 | | (c) Bullying that is prohibited by this Act may take | 11 | | various forms including, without limitation, one or more of the | 12 | | following: harassment, threats, intimidation, stalking, | 13 | | physical violence, sexual harassment, sexual violence, theft, | 14 | | public humiliation, destruction of property, or retaliation | 15 | | for asserting or alleging an act of bullying. This list is | 16 | | meant to be illustrative and non-exhaustive. | 17 | | Section 20. Workplace bullying policy. An employer shall | 18 | | create and maintain a policy on workplace bullying. The policy | 19 | | must be filed electronically with the Department. An employer | 20 | | shall communicate the policy to its employees. The policy must | 21 | | be reviewed and updated every 2 years and filed electronically | 22 | | with the Department. | 23 | | Section 25. Interpretation. This Act shall not be | 24 | | interpreted to prevent a victim from seeking redress under any |
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| 1 | | other available civil or criminal law. Nothing in this Act is | 2 | | intended to infringe upon any right to exercise free expression | 3 | | or the free exercise of religion or religiously based views | 4 | | protected under the First Amendment to the United States | 5 | | Constitution or under Section 3 or 4 of Article I of the | 6 | | Illinois Constitution. | 7 | | Section 30. Inapplicability. This Act does not apply to an | 8 | | individual or organization that is lawfully monitoring for | 9 | | compliance with public or worker safety laws, wage and hour | 10 | | requirements, or other statutory requirements. This Act does | 11 | | not apply to an individual or organization that is lawfully | 12 | | picketing, patrolling, using a banner, or otherwise protesting | 13 | | at the workplace and which arises out of a bona fide labor | 14 | | dispute including any controversy concerning wages, salaries, | 15 | | hours, or working conditions or benefits, including health and | 16 | | welfare, sick leave, insurance, and pension or retirement | 17 | | provisions, the making or maintaining of collective bargaining | 18 | | agreements, and the terms to be included in those agreements. | 19 | | Section 35. Violation. Any employer violating the | 20 | | provisions of this Act is guilty of a business offense and | 21 | | shall be fined not less than $1,000 and not more than $2,000 | 22 | | for each violation. Each day of violation shall be considered a | 23 | | separate offense.
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