98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4169

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 55/10  from Ch. 48, par. 2860

    Amends the Right to Privacy in the Workplace Act. Makes a technical change in a Section concerning prohibited inquiries.


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A BILL FOR

 

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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 10 as follows:
 
6    (820 ILCS 55/10)  (from Ch. 48, par. 2860)
7    Sec. 10. Prohibited inquiries.
8    (a) It shall be unlawful for any employer to inquire, in a
9written application or in any other manner, of any prospective
10employee or of the the prospective employee's previous
11employers, whether that prospective employee has ever filed a
12claim for benefits under the Workers' Compensation Act or
13Workers' Occupational Diseases Act or received benefits under
14these Acts.
15    (b)(1) Except as provided in this subsection, it shall be
16unlawful for any employer to request or require any employee or
17prospective employee to provide any password or other related
18account information in order to gain access to the employee's
19or prospective employee's account or profile on a social
20networking website or to demand access in any manner to an
21employee's or prospective employee's account or profile on a
22social networking website.
23    (2) Nothing in this subsection shall limit an employer's

 

 

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1right to:
2        (A) promulgate and maintain lawful workplace policies
3    governing the use of the employer's electronic equipment,
4    including policies regarding Internet use, social
5    networking site use, and electronic mail use; and
6        (B) monitor usage of the employer's electronic
7    equipment and the employer's electronic mail without
8    requesting or requiring any employee or prospective
9    employee to provide any password or other related account
10    information in order to gain access to the employee's or
11    prospective employee's account or profile on a social
12    networking website.
13    (3) Nothing in this subsection shall prohibit an employer
14from obtaining about a prospective employee or an employee
15information that is in the public domain or that is otherwise
16obtained in compliance with this amendatory Act of the 97th
17General Assembly.
18    (3.5) Provided that the password, account information, or
19access sought by the employer relates to a professional
20account, and not a personal account, nothing in this subsection
21shall prohibit or restrict an employer from complying with a
22duty to screen employees or applicants prior to hiring or to
23monitor or retain employee communications as required under
24Illinois insurance laws or federal law or by a self-regulatory
25organization as defined in Section 3(A)(26) of the Securities
26Exchange Act of 1934, 15 U.S.C. 78(A)(26).

 

 

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1    (4) For the purposes of this subsection, "social networking
2website" means an Internet-based service that allows
3individuals to:
4        (A) construct a public or semi-public profile within a
5    bounded system, created by the service;
6        (B) create a list of other users with whom they share a
7    connection within the system; and
8        (C) view and navigate their list of connections and
9    those made by others within the system.
10    "Social networking website" shall not include electronic
11mail.
12    For the purposes of paragraph (3.5) of this subsection,
13"professional account" means an account, service, or profile
14created, maintained, used, or accessed by a current or
15prospective employee for business purposes of the employer.
16    For the purposes of paragraph (3.5) of this subsection,
17"personal account" means an account, service, or profile on a
18social networking website that is used by a current or
19prospective employee exclusively for personal communications
20unrelated to any business purposes of the employer.
21(Source: P.A. 97-875, eff. 1-1-13; 98-501, eff. 1-1-14.)