2005 Illinois Code - Chapter 820 Employment 820 ILCS 55/ Right to Privacy in the Workplace Act.
(820 ILCS 55/1) (from Ch. 48, par. 2851)
Sec. 1.
Short title.
This Act may be cited as the Right to Privacy in the Workplace Act.
(Source: P.A. 87‑807.)
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(820 ILCS 55/5) (from Ch. 48, par. 2855)
Sec. 5.
Discrimination for use of lawful products prohibited.
(a) Except as otherwise specifically provided by law and except as
provided in subsections (b) and (c) of this Section, it shall be unlawful
for an employer to refuse to hire or to discharge any individual, or
otherwise disadvantage any individual, with respect to compensation, terms,
conditions or privileges of employment because the individual uses lawful
products off the premises of the employer during nonworking hours.
(b) This Section does not apply to any employer that is a non‑profit
organization that, as one of its primary purposes or objectives,
discourages the use of one or more lawful products by the general public.
This Section does not apply to the use of those lawful products which
impairs an employee's ability to perform the employee's assigned duties.
(c) It is not a violation of this Section for an employer to offer,
impose or have in effect a health, disability or life insurance policy that
makes distinctions between employees for the type of coverage or the price
of coverage based upon the employees' use of lawful products provided that:
(1) differential premium rates charged employees |
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reflect a differential cost to the employer; and
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(2) employers provide employees with a statement
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delineating the differential rates used by insurance carriers.
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(Source: P.A. 87‑807.)
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(820 ILCS 55/10) (from Ch. 48, par. 2860)
Sec. 10.
Prohibited inquiries.
It shall be unlawful for any employer
to inquire, in a written application or in any other manner, of any
prospective employee or of the prospective employee's previous employers,
whether that prospective employee has ever filed a claim for benefits under
the Workers' Compensation Act or Workers' Occupational Diseases Act or
received benefits under these Acts.
(Source: P.A. 87‑807.)
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(820 ILCS 55/15) (from Ch. 48, par. 2865)
Sec. 15.
Administration and enforcement.
(a) The Director of Labor or his authorized representative shall
administer and enforce the provisions of this Act. The Director of Labor
may issue rules and regulations necessary to administer and enforce the
provisions of this Act.
(b) If an employee or applicant for employment alleges that he or she
has been denied his or her rights under this Act, he or she may file a
complaint with the Department of Labor. The Department shall investigate
the complaint and shall have authority to request the issuance of a search
warrant or subpoena to inspect the files of the employer or prospective
employer, if necessary. The Department shall attempt to resolve the
complaint by conference, conciliation, or persuasion. If the complaint is
not so resolved and the Department finds the employer or prospective
employer has violated the Act, the Department may commence an action in the
circuit court to enforce the provisions of this Act including an action to
compel compliance. The circuit court for the county in which the
complainant resides or in which the complainant is employed shall have
jurisdiction in such actions.
(c) If an employer or prospective employer violates this Act, an
employee or applicant for employment may commence an action in the circuit
court to enforce the provisions of this Act, including actions to compel
compliance, where efforts to resolve the employee's or applicant for
employment's complaint concerning the violation by conference, conciliation
or persuasion under subsection (b) have failed and the Department has not
commenced an action in circuit court to redress the violation. The circuit
court for the county in which the complainant resides or in which the
complainant is employed shall have jurisdiction in such actions.
(d) Failure to comply with an order of the court may be punished as
contempt. In addition, the court shall award an employee or applicant for
employment prevailing in an action under this Act the following damages:
(1) Actual damages plus costs.
(2) For a willful and knowing violation of this Act, |
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$200 plus costs, reasonable attorney's fees, and actual damages.
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(e) Any employer or prospective employer or his agent who violates the
provisions of this Act is guilty of a petty offense.
(f) Any employer or prospective employer, or the officer or agent of any
employer or prospective employer, who discharges or in any other manner
discriminates against any employee or applicant for employment because that
employee or applicant for employment has made a complaint to his employer,
or to the Director or his authorized representative, or because that
employee or applicant for employment has caused to be instituted or is
about to cause to be instituted any proceeding under or related to this
Act, or because that employee or applicant for employment has testified or
is about to testify in an investigation or proceeding under this Act, is
guilty of a petty offense.
(Source: P.A. 87‑807.)
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(820 ILCS 55/20) (from Ch. 48, par. 2870)
Sec. 20.
Dismissal of complaint.
The Director or any court of
competent jurisdiction shall summarily dismiss any complaint alleging a
violation of this Act which states as the sole cause of the complaint that
the employer offered a health, disability, or life insurance policy that
makes a distinction between employees for the type of coverage or the price
of coverage based upon the employees' use of lawful products.
(Source: P.A. 87‑807.)
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