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| 1 | AMENDMENT TO HOUSE BILL 3782
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| 2 | AMENDMENT NO. ______. Amend House Bill 3782 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Right to Privacy in the Workplace Act is | ||||||
| 5 | amended by changing Section 10 as follows:
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| 6 | (820 ILCS 55/10) (from Ch. 48, par. 2860)
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| 7 | Sec. 10. Prohibited inquiries. | ||||||
| 8 | (a) It shall be unlawful for any employer
to inquire, in a | ||||||
| 9 | written application or in any other manner, of any
prospective | ||||||
| 10 | employee or of the prospective employee's previous employers,
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| 11 | whether that prospective employee has ever filed a claim for | ||||||
| 12 | benefits under
the Workers' Compensation Act or Workers' | ||||||
| 13 | Occupational Diseases Act or
received benefits under these | ||||||
| 14 | Acts.
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| 15 | (b) It shall be unlawful for any employer to ask any | ||||||
| 16 | employee or
prospective employee to provide any password or
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| 1 | other related account information in order to gain access to | ||||||
| 2 | the employee's or prospective employee's account or profile on | ||||||
| 3 | a social networking website. | ||||||
| 4 | "Social networking site" means an internet-based service | ||||||
| 5 | that allows individuals to: (1) construct a public or | ||||||
| 6 | semi-public profile within a bounded system created by the | ||||||
| 7 | service; (2) create a list of other users with whom they share | ||||||
| 8 | a connection within the system; and (3) view and navigate their | ||||||
| 9 | list of connections and those made by others within the system. | ||||||
| 10 | A social networking site shall not include electronic mail. | ||||||
| 11 | This subsection shall not apply to any employer who obtains | ||||||
| 12 | information about a prospective employee or an employee that is | ||||||
| 13 | in the public domain or obtained in compliance with this | ||||||
| 14 | amendatory act of the 97th General Assembly. | ||||||
| 15 | This subsection shall not limit an employer's right to | ||||||
| 16 | promulgate and maintain lawful workplace policies governing | ||||||
| 17 | the use of the employer's electronic equipment, including | ||||||
| 18 | policies regarding internet use, social networking site use, | ||||||
| 19 | and electronic mail use. | ||||||
| 20 | (Source: P.A. 87-807.)".
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