Full Text of SB2943 98th General Assembly
SB2943sam002 98TH GENERAL ASSEMBLY | Sen. Ira I. Silverstein Filed: 3/28/2014
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| 1 | | AMENDMENT TO SENATE BILL 2943
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2943 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Workplace Bullying Prohibition Act. | 6 | | Section 5. Findings. The General Assembly finds that a | 7 | | safe work environment is beneficial for economic development in | 8 | | this State. The General Assembly further finds that bullying | 9 | | has been linked to other antisocial behavior such as | 10 | | absenteeism, drug and alcohol use, and sexual violence. The | 11 | | General Assembly finds that bullying reduces productivity, | 12 | | increases costs, and reduces competitiveness in the economic | 13 | | marketplace. | 14 | | Section 10. Definitions. In this Act: | 15 | | "Bullying" means any severe or pervasive physical or verbal |
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| 1 | | act or conduct, including communications made in writing or | 2 | | electronically, directed toward a person that has or can be | 3 | | reasonably predicted to have the effect or one or more of the | 4 | | following: | 5 | | (1) placing the person in reasonable fear of harm to | 6 | | the person or the person's property; | 7 | | (2) causing a substantially detrimental effect on the | 8 | | person's physical or mental health; | 9 | | (3) substantially interfering with the person's | 10 | | productivity; or | 11 | | (4) substantially interfering with the person's | 12 | | ability to participate in or benefit from the opportunities | 13 | | offered by the employer. | 14 | | "Department" means the Department of Labor. | 15 | | "Director" means the Director of Labor. | 16 | | "Employee" means an individual permitted to work by an | 17 | | employer. | 18 | | "Employer" means any person or entity doing business in | 19 | | this State that employs 3 or more individuals; however, | 20 | | "employer" does not include the State, a State agency as | 21 | | defined in the Illinois State Auditing Act, or a municipality | 22 | | as defined in Section 1 of Article VII of the Illinois | 23 | | Constitution. | 24 | | Section 15. Bullying prohibited.
| 25 | | (a) Bullying on the basis of actual or perceived race, |
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| 1 | | color, religion, sex, national origin, ancestry, age, marital | 2 | | status, physical or mental disability, military status, sexual | 3 | | orientation, gender-related identity or expression, | 4 | | unfavorable discharge from military service, association with | 5 | | a person or group with one or more of the aforementioned actual | 6 | | or perceived characteristics, or any other distinguishing | 7 | | characteristic is prohibited in all places of employment, and | 8 | | an employer shall prevent bullying in its place of employment. | 9 | | (b) No person shall be subjected to bullying: | 10 | | (1) during any period of employment activity; | 11 | | (2) while working, on property of the employer, or at | 12 | | employer-sponsored or employer-sanctioned events or | 13 | | activities; or | 14 | | (3) through the transmission of information from an | 15 | | employment utilized computer, computer network, or other | 16 | | similar electronic employer utilized equipment. | 17 | | (c) Bullying that is prohibited by this Act may take | 18 | | various forms including, without limitation, one or more of the | 19 | | following: harassment, threats, intimidation, stalking, | 20 | | physical violence, sexual harassment, sexual violence, theft, | 21 | | public humiliation, destruction of property, or retaliation | 22 | | for asserting or alleging an act of bullying. This list is | 23 | | meant to be illustrative and non-exhaustive. | 24 | | Section 20. Workplace bullying policy. An employer shall | 25 | | create and maintain a policy on workplace bullying. The policy |
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| 1 | | must be filed electronically with the Department. An employer | 2 | | shall communicate the policy to its employees. The policy must | 3 | | be reviewed and updated every 2 years and filed electronically | 4 | | with the Department. | 5 | | Section 25. Interpretation. This Act shall not be | 6 | | interpreted to prevent a victim from seeking redress under any | 7 | | other available civil or criminal law. Nothing in this Act is | 8 | | intended to infringe upon any right to exercise free expression | 9 | | or the free exercise of religion or religiously based views | 10 | | protected under the First Amendment to the United States | 11 | | Constitution or under Section 3 or 4 of Article I of the | 12 | | Illinois Constitution. | 13 | | Section 30. Inapplicability. This Act does not apply to an | 14 | | individual or organization that is lawfully monitoring for | 15 | | compliance with public or worker safety laws, wage and hour | 16 | | requirements, or other statutory requirements. This Act does | 17 | | not apply to an individual or organization that is lawfully | 18 | | picketing, patrolling, using a banner, or otherwise protesting | 19 | | at the workplace and which arises out of a bona fide labor | 20 | | dispute including any controversy concerning wages, salaries, | 21 | | hours, or working conditions or benefits, including health and | 22 | | welfare, sick leave, insurance, and pension or retirement | 23 | | provisions, the making or maintaining of collective bargaining | 24 | | agreements, and the terms to be included in those agreements. |
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| 1 | | Section 35. Violation. Any employer violating the | 2 | | provisions of this Act is guilty of a business offense and | 3 | | shall be fined not less than $1,000 and not more than $2,000 | 4 | | for each violation. Each day of violation shall be considered a | 5 | | separate offense.".
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