Illinois Employment Law Update – July 2016

Illinois

Right to Privacy in the Workplace Act

On July 22, 2016, Illinois Governor Bruce Rauner signed legislation (H.B. 4999) amending the Right to Privacy in the Workplace Act.

House Bill 4999 makes it unlawful for an employer or prospective employer to:

  • Request, require, or coerce any employee or prospective employee to provide a user name and password or any password or other related account information in order to gain access to the employee’s or prospective employee’s personal online account or to demand access in any manner to an employee’s or perspective employee’s personal online account.
  • Request, require, or coerce an employee or applicant to authenticate or access a personal online account in the presence of the employer.
  • Require or coerce an employee or applicant to invite the employer to join a group affiliated with any personal online account of the employee or applicant.
  • Require or coerce an employee or applicant to join an online account established by the employer or add the employer or an employment agency to the employee’s or applicant’s list of contacts that enable the contacts to access the employee or applicant’s personal online account.
  • Discharge, discipline, discriminate against, retaliate against, or otherwise penalize an employee for:
    • Refusing or declining to provide the employer with a user name and password, password, or any other authentication means for accessing his or her personal online account.
    • Refusing or declining to authenticate or access a personal online account in the presence of the employer.
    • Refusing to invite the employer to join a group affiliated with any personal online account of the employee.
    • Refusing to join an online account established by the employer.
    • Filing or causing to be filed any complaint, whether orally or in writing, with a public or private body or court concerning the employer’s violation of this subsection.
  • Fail or refuse to hire an applicant as a result of his or her refusal to:
    • Provide the employer with a user name and password, password, or any other authentication means for accessing a personal online account.
    • Authenticate or access a personal online account in the presence of the employer.
    • Invite the employer to join a group affiliated with a personal online account of the applicant.

Personal online account means an online account that is used by a person primarily for personal purposes. The term does not include an account created, maintained, used, or accessed by a person for a business purpose of the person’s employer or prospective employer.

The law goes into effect on January 1, 2017.

Read IL H.B. 4999

Mandated Health Benefits – 3D Mammography

On July 20, 2016, Illinois Governor Bruce Rauner signed legislation (S.B. 466) requiring insurance plans in Illinois to cover breast tomosynthesis, or 3D mammography. Breast tomosynthesis is a new form of breast cancer screening that is more effective than low-dose mammography. It works by creating an image of the breast through a series x-rays from different angles. This enables health care professionals to have a clear, three-dimensional image, making it easier to see through dense tissue and detect breast cancers.

The law went into effect upon signing.

Read IL S.B. 466