98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2312
 
Introduced 2/15/2013, by Sen. Dan Duffy
 
SYNOPSIS AS INTRODUCED:
 

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

     Amends the Right to Privacy in the Workplace Act to exempt from certain prohibitions against discrimination any for-profit employer that, as its sole business purpose or objective, provides medical or hospital treatment to patients who have a cancerous condition, and that refuses to hire or discharges any individual, or otherwise disadvantages any individual, with respect to compensation, terms, conditions, or privileges of employment because the individual uses tobacco products, including cigarettes, pipes, cigars, chewing tobacco, snus, snuff, clove cigarettes, electronic cigarettes, and similar products. Effective immediately.
  


LRB098 09518 JLS 39661 b

 
 
A BILL FOR
 

  
SB2312LRB098 09518 JLS 39661 b


  
1    AN ACT concerning health.
  
 
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 and 
10except as
provided in subsections (b) and (c) of this Section, 
11it shall be unlawful
for an employer to refuse to hire or to 
12discharge any individual, or
otherwise disadvantage any 
13individual, with respect to compensation, terms,
conditions or 
14privileges of employment because the individual uses lawful

15products off the premises of the employer during nonworking 
16hours.

17    (b) This Section does not apply to any employer that is a 
18non-profit
organization that, as one of its primary purposes or 
19objectives,
discourages the use of one or more lawful products 
20by the general public. This Section does not apply to any 
21for-profit employer that, as its sole business purpose or 
22objective, provides medical or hospital treatment to patients 
23who have a cancerous condition, and that refuses to hire or 
 
 
SB2312- 2 -LRB098 09518 JLS 39661 b

1discharges any individual, or otherwise disadvantages any 
2individual, with respect to compensation, terms, conditions, 
3or privileges of employment because the individual uses tobacco 
4products, including cigarettes, pipes, cigars, chewing 
5tobacco, snus, snuff, clove cigarettes, electronic cigarettes, 
6and similar products.
This Section does not apply to the use of 
7those lawful products which
impairs an employee's ability to 
8perform the employee's assigned duties.

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


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


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

19(Source: P.A. 87-807.)

 

20    Section 99. Effective date. This Act takes effect upon 
21becoming law.