Full Text of HB1363 103rd General Assembly
HB1363enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Gender Violence Act is amended by changing | 5 | | Sections 5 and 20 and by adding Section 11 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
| 17 | | the basis of a person's sex,
whether or not those acts have | 18 | | resulted in
criminal
charges, prosecution, or conviction.
| 19 | | (2) A physical intrusion or physical invasion of a
| 20 | | sexual nature under coercive conditions satisfying the
| 21 | | elements of battery under the laws of Illinois, whether
or | 22 | | not the act or acts resulted in criminal charges,
| 23 | | prosecution, or conviction.
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| 1 | | (2.5) Domestic violence, as defined in the Victims' | 2 | | Economic Security and Safety Act.
| 3 | | (3) A threat of an act described in item (1) , or
(2) , | 4 | | or (2.5) causing a realistic apprehension that the | 5 | | originator
of the threat will commit the act.
| 6 | | "Workplace" means the employer's premises, including any | 7 | | building, real property, and parking area under the control of | 8 | | the employer, or any location used by an employee while in the | 9 | | performance of the employee's job duties. "Workplace" includes | 10 | | activities occurring off-premises at employer-sponsored events | 11 | | where an employee is not performing the employee's job duties. | 12 | | (Source: P.A. 93-416, eff. 1-1-04.)
| 13 | | (740 ILCS 82/11 new) | 14 | | Sec. 11. Employer liability for an employee or agent. | 15 | | (a) An employer is only liable for gender-related violence | 16 | | committed in the workplace by an employee or agent of the | 17 | | employer when the interaction giving rise to the | 18 | | gender-related violence arises out of and in the course of | 19 | | employment with the employer. Liability only extends to | 20 | | gender-related violence that occurs: (i) while the employee | 21 | | was directly performing the employee's job duties and the | 22 | | gender-related violence was the proximate cause of the injury; | 23 | | or (ii) while the agent of the employer was directly involved | 24 | | in the gender-related violence and the performance of the | 25 | | contracted work was the proximate cause of the injury. |
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| 1 | | Proximate cause exists when the actions of the employee or the | 2 | | agent of the employer were a substantial factor in causing the | 3 | | injury. | 4 | | An employer is liable if the employer has acted in a manner | 5 | | inconsistent with how a reasonable person would act under | 6 | | similar circumstances. | 7 | | (b) Notwithstanding subsection (a), an employer is only | 8 | | liable for gender-related violence if the employer: | 9 | | (1) failed to supervise, train, or monitor the | 10 | | employee who engaged in the gender-related violence. An | 11 | | employer providing training pursuant to Section 2-109 of | 12 | | the Illinois Human Rights Act shall have an affirmative | 13 | | defense that adequate training was provided to the | 14 | | employee; or | 15 | | (2) failed to investigate complaints or reports | 16 | | directly provided to a supervisor, manager, owner, or | 17 | | another person designated by the employer of similar | 18 | | conduct by an employee or agent of the employer and the | 19 | | employer failed to take remedial measures in response to | 20 | | the complaints or reports. | 21 | | (c) Nothing in this Act precludes a person who has been the | 22 | | victim of gender-related violence from pursuing any other | 23 | | right or cause of action created by statute or common law.
| 24 | | (740 ILCS 82/20)
| 25 | | Sec. 20. Limitation. An action by an individual based on |
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| 1 | | gender-related violence as
defined
in
paragraph (1) , or (2) , | 2 | | or (2.5) of Section 5 must be commenced within 7 years after | 3 | | the
cause of
action accrued, except that if the person | 4 | | entitled to bring the action was a
minor at the
time the cause | 5 | | of action accrued, the action must be commenced within 7 years
| 6 | | after the
person reaches the age of 18. An action based on | 7 | | gender-related violence as
defined in
paragraph (3) of Section | 8 | | 5 must be commenced within 2 years after the cause of
action
| 9 | | accrued, except that if the person entitled to bring the | 10 | | action was a minor at
the time the
cause of action accrued, the | 11 | | action must be commenced within 2 years after the
person
| 12 | | reaches the age of 18. An action against an employer pursuant | 13 | | to Section 11 must be commenced within 4 years after the cause | 14 | | of action accrued, except that if the person entitled to bring | 15 | | the action was a minor at the time the cause of action accrued, | 16 | | the action must be commenced within 4 years after the person | 17 | | reaches the age of 18.
| 18 | | (Source: P.A. 93-416, eff. 1-1-04.)
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