Full Text of HB4850 102nd General Assembly
HB4850ham001 102ND GENERAL ASSEMBLY | Rep. Will Guzzardi Filed: 3/1/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4850
| 2 | | AMENDMENT NO. ______. Amend House Bill 4850 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Gender Violence Act is amended by changing | 5 | | Sections 5 and 20 and by adding Sections 11 and 25 as follows:
| 6 | | (740 ILCS 82/5)
| 7 | | Sec. 5. Definitions Definition . In this Act : ,
| 8 | | "Employee" has the meaning provided in Section 2-101 of | 9 | | the Illinois Human Rights Act. | 10 | | "Employer" has the meaning provided in Section 2-101 of | 11 | | the Illinois Human Rights Act. | 12 | | " Gender-related gender-related violence", which is a form | 13 | | of sex
discrimination, means the following:
| 14 | | (1) One or more acts of violence or physical
| 15 | | aggression satisfying the elements of battery under the
| 16 | | laws of Illinois that are committed, at least in part, on
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| 1 | | the basis of a person's sex,
whether or not those acts have | 2 | | resulted in
criminal
charges, prosecution, or conviction.
| 3 | | (2) A physical intrusion or physical invasion of a
| 4 | | sexual nature under coercive conditions satisfying the
| 5 | | elements of battery under the laws of Illinois, whether
or | 6 | | not the act or acts resulted in criminal charges,
| 7 | | prosecution, or conviction.
| 8 | | (2.5) Domestic violence, as defined in the Illinois | 9 | | Domestic Violence Act of 1986.
| 10 | | (3) A threat of an act described in item (1) , or
(2) , | 11 | | or (2.5) causing a realistic apprehension that the | 12 | | originator
of the threat will commit the act.
| 13 | | "Work environment" means the employee's workplace and | 14 | | employer's premises, including any building, real property, | 15 | | and parking area under the control of the employer, or any | 16 | | other location while used for an employer-sanctioned purpose. | 17 | | "Workplace" means where an employee or agent of the | 18 | | employer completes the work the employee or agent was hired to | 19 | | perform or tasks incidental to the employee's or agent's | 20 | | employment. | 21 | | (Source: P.A. 93-416, eff. 1-1-04.)
| 22 | | (740 ILCS 82/11 new) | 23 | | Sec. 11. Employer liability for an employee or agent. | 24 | | (a) An employer shall only be liable for gender-related | 25 | | violence committed in the work environment by an employee or |
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| 1 | | agent of the employer. Liability shall only extend to injuries | 2 | | sustained: (i) while the employee was directly performing the | 3 | | employee's job duties and the job duties were the proximate | 4 | | cause of the injury; or (ii) while the agent of the employer | 5 | | was directly involved in the performance of the contracted | 6 | | work and the contracted work was the proximate cause of the | 7 | | injury. Proximate cause shall exist when the actions of the | 8 | | employee or the agent of the employer were a substantial | 9 | | factor in causing the injury. | 10 | | An employer shall be liable where the employer has acted | 11 | | in a manner inconsistent with how a reasonable person would | 12 | | act under similar circumstances. | 13 | | (b) An employer shall be liable for gender-related | 14 | | violence if the employer: | 15 | | (1) failed to supervise, train, or monitor the | 16 | | employee who engaged in the gender-related violence, | 17 | | except an employer shall have an affirmative defense to a | 18 | | failure to train claim under this Act if training was | 19 | | provided to the employee as provided in Section 2-109 of | 20 | | the Illinois Human Rights Act; or | 21 | | (2) failed to investigate complaints or reports | 22 | | directly provided to a supervisor, manager, owner, or | 23 | | another person designated by the employer of similar | 24 | | conduct by an employee or agent of the employer and the | 25 | | employer failed to take remedial measures in response to | 26 | | the complaints or reports.
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| 1 | | (740 ILCS 82/20)
| 2 | | Sec. 20. Limitation. An action by an individual based on | 3 | | gender-related violence as
defined
in
paragraph (1) , or (2) , | 4 | | or (2.5) of Section 5 must be commenced within 7 years after | 5 | | the
cause of
action accrued, except that if the person | 6 | | entitled to bring the action was a
minor at the
time the cause | 7 | | of action accrued, the action must be commenced within 7 years
| 8 | | after the
person reaches the age of 18. An action based on | 9 | | gender-related violence as
defined in
paragraph (3) of Section | 10 | | 5 must be commenced within 2 years after the cause of
action
| 11 | | accrued, except that if the person entitled to bring the | 12 | | action was a minor at
the time the
cause of action accrued, the | 13 | | action must be commenced within 2 years after the
person
| 14 | | reaches the age of 18. An action against an employer pursuant | 15 | | to Section 11 must be commenced within 4 years after the cause | 16 | | of action accrued, except that if the person entitled to bring | 17 | | the action was a minor at the time the cause of action accrued, | 18 | | the action must be commenced within 4 years after the person | 19 | | reaches the age of 18.
| 20 | | (Source: P.A. 93-416, eff. 1-1-04.)
| 21 | | (740 ILCS 82/25 new) | 22 | | Sec. 25. No waiver. No person shall have the power to waive | 23 | | any of the provisions of this Act as part of a dissolution of | 24 | | marriage agreement, civil union, domestic partnership, or |
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| 1 | | custody agreement. Any such purported waiver is considered | 2 | | against public policy, void, and severable from an otherwise | 3 | | valid and enforceable agreement. ".
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