Illinois General Assembly - Full Text of SB1363
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Full Text of SB1363  99th General Assembly




State of Illinois
2015 and 2016


Introduced 2/18/2015, by Sen. Ira I. Silverstein


New Act

    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.

LRB099 04164 JLS 28974 b






SB1363LRB099 04164 JLS 28974 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 1. Short title. This Act may be cited as the
5Workplace Bullying Prohibition Act.
6    Section 5. Findings. The General Assembly finds that a
7safe work environment is beneficial for economic development in
8this State. The General Assembly further finds that bullying
9has been linked to other antisocial behavior such as
10absenteeism, drug and alcohol use, and sexual violence. The
11General Assembly finds that bullying reduces productivity,
12increases costs, and reduces competitiveness in the economic
14    Section 10. Definitions. In this Act:
15    "Bullying" means any severe or pervasive physical or verbal
16act or conduct, including communications made in writing or
17electronically, directed toward a person that has or can be
18reasonably predicted to have the effect or one or more of the
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
11    "Employer" means any person or entity doing business in
12this State that employs 3 or more individuals; however,
13"employer" does not include the State, a State agency as
14defined in the Illinois State Auditing Act, or a unit of local
15government as defined in Section 1 of Article VII of the
16Illinois Constitution.
17    Section 15. Bullying prohibited.
18    (a) Bullying on the basis of actual or perceived race,
19color, religion, sex, national origin, ancestry, age, marital
20status, physical or mental disability, military status, sexual
21orientation, gender-related identity or expression,
22unfavorable discharge from military service, association with
23a person or group with one or more of the aforementioned actual
24or perceived characteristics, or any other distinguishing
25characteristic is prohibited in all places of employment, and



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1an 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
11various forms including, without limitation, one or more of the
12following: harassment, threats, intimidation, stalking,
13physical violence, sexual harassment, sexual violence, theft,
14public humiliation, destruction of property, or retaliation
15for asserting or alleging an act of bullying. This list is
16meant to be illustrative and non-exhaustive.
17    Section 20. Workplace bullying policy. An employer shall
18create and maintain a policy on workplace bullying. The policy
19must be filed electronically with the Department. An employer
20shall communicate the policy to its employees. The policy must
21be reviewed and updated every 2 years and filed electronically
22with the Department.
23    Section 25. Interpretation. This Act shall not be
24interpreted to prevent a victim from seeking redress under any



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1other available civil or criminal law. Nothing in this Act is
2intended to infringe upon any right to exercise free expression
3or the free exercise of religion or religiously based views
4protected under the First Amendment to the United States
5Constitution or under Section 3 or 4 of Article I of the
6Illinois Constitution.
7    Section 30. Inapplicability. This Act does not apply to an
8individual or organization that is lawfully monitoring for
9compliance with public or worker safety laws, wage and hour
10requirements, or other statutory requirements. This Act does
11not apply to an individual or organization that is lawfully
12picketing, patrolling, using a banner, or otherwise protesting
13at the workplace and which arises out of a bona fide labor
14dispute including any controversy concerning wages, salaries,
15hours, or working conditions or benefits, including health and
16welfare, sick leave, insurance, and pension or retirement
17provisions, the making or maintaining of collective bargaining
18agreements, and the terms to be included in those agreements.
19    Section 35. Violation. Any employer violating the
20provisions of this Act is guilty of a business offense and
21shall be fined not less than $1,000 and not more than $2,000
22for each violation. Each day of violation shall be considered a
23separate offense.