101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3475
 
Introduced 2/14/2020, by Sen. Jason A. Barickman
 
SYNOPSIS AS INTRODUCED:
 

 



820 ILCS 55/5  from Ch. 48, par. 2855

     Amends the Right to Privacy in the Workplace Act. Provides that the Act does not apply to use of lawful products that could impair or is impairing (rather than which impairs) an employee's ability to perform the employee's assigned duties.
  


LRB101 20080 JLS 69612 b

 
 
A BILL FOR
 

  
SB3475LRB101 20080 JLS 69612 b


  
1    AN ACT concerning employment.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Right to Privacy in the Workplace Act is 
5amended  by changing Section 5 as follows:
 



6    (820 ILCS 55/5)  (from Ch. 48, par. 2855)



7    Sec. 5. Discrimination for use of lawful products 
8prohibited. 

9    (a) Except as otherwise specifically provided by law, 
10including Section 10-50 of the Cannabis Regulation and Tax Act,  
11and except as
provided in subsections (b) and (c) of this 
12Section, it shall be unlawful
for an employer to refuse to hire 
13or to discharge 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 and 
17non-call hours. As used in  this Section, "lawful products" 
18means products that are legal under state law. For purposes of 
19this Section, an employee is deemed on-call when the employee 
20is scheduled with at least 24 hours' notice by his or her 
21employer to be on standby or otherwise responsible for 
22performing tasks related to his or her employment either at the 
23employer's premises or other previously designated location by 
 
 
SB3475- 2 -LRB101 20080 JLS 69612 b

1his or her employer or supervisor to perform a work-related 
2task. 

3    (b) This Section does not apply to any employer that is a 
4non-profit
organization that, as one of its primary purposes or 
5objectives,
discourages the use of one or more lawful products 
6by the general public.
This Section does not apply to the use 
7of those lawful products that could impair or is impairing 
8which
impairs an employee's ability to perform the employee's 
9assigned duties.

10    (c) It is not a violation of this Section for an employer 
11to offer,
impose or have in effect a health, disability or life 
12insurance policy that
makes distinctions between employees for 
13the type of coverage or the price
of coverage based upon the 
14employees' use of lawful products provided that:

15        (1) differential premium rates charged employees 
16    reflect a
differential cost to the employer; and

17        (2) employers provide employees with a statement 
18    delineating the
differential rates used by insurance 
19    carriers.

20(Source: P.A. 101-27, eff. 6-25-19.)