Bill Amendment: IL HB1363 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: GENDER VIOLENCE-EMPLOYER DUTY
Status: 2023-07-28 - Public Act . . . . . . . . . 103-0282 [HB1363 Detail]
Download: Illinois-2023-HB1363-House_Amendment_002.html
Bill Title: GENDER VIOLENCE-EMPLOYER DUTY
Status: 2023-07-28 - Public Act . . . . . . . . . 103-0282 [HB1363 Detail]
Download: Illinois-2023-HB1363-House_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 1363
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2 | AMENDMENT NO. ______. Amend House Bill 1363, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Gender Violence Act is amended by changing | ||||||
6 | Sections 5 and 20 and by adding Section 11 as follows:
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7 | (740 ILCS 82/5)
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8 | Sec. 5. Definitions Definition . In this Act : ,
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9 | "Employee" has the meaning provided in Section 2-101 of | ||||||
10 | the Illinois Human Rights Act. | ||||||
11 | "Employer" has the meaning provided in Section 2-101 of | ||||||
12 | the Illinois Human Rights Act. | ||||||
13 | " Gender-related gender-related violence", which is a form | ||||||
14 | of sex
discrimination, means the following:
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15 | (1) One or more acts of violence or physical
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16 | aggression satisfying the elements of battery under the
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1 | laws of Illinois that are committed, at least in part, on
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2 | the basis of a person's sex,
whether or not those acts have | ||||||
3 | resulted in
criminal
charges, prosecution, or conviction.
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4 | (2) A physical intrusion or physical invasion of a
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5 | sexual nature under coercive conditions satisfying the
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6 | elements of battery under the laws of Illinois, whether
or | ||||||
7 | not the act or acts resulted in criminal charges,
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8 | prosecution, or conviction.
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9 | (2.5) Domestic violence, as defined in the Victims' | ||||||
10 | Economic Security and Safety Act.
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11 | (3) A threat of an act described in item (1) , or
(2) , | ||||||
12 | or (2.5) causing a realistic apprehension that the | ||||||
13 | originator
of the threat will commit the act.
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14 | "Workplace" means the employer's premises, including any | ||||||
15 | building, real property, and parking area under the control of | ||||||
16 | the employer, or any location used by an employee while in the | ||||||
17 | performance of the employee's job duties. "Workplace" includes | ||||||
18 | activities occurring off-premises at employer-sponsored events | ||||||
19 | where an employee is not performing the employee's job duties. | ||||||
20 | (Source: P.A. 93-416, eff. 1-1-04.)
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21 | (740 ILCS 82/11 new) | ||||||
22 | Sec. 11. Employer liability for an employee or agent. | ||||||
23 | (a) An employer is only liable for gender-related violence | ||||||
24 | committed in the workplace by an employee or agent of the | ||||||
25 | employer when the interaction giving rise to the |
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1 | gender-related violence arises out of and in the course of | ||||||
2 | employment with the employer. Liability only extends to | ||||||
3 | gender-related violence that occurs: (i) while the employee | ||||||
4 | was directly performing the employee's job duties and the | ||||||
5 | performance of the job duties was the proximate cause of the | ||||||
6 | injury; or (ii) while the agent of the employer was directly | ||||||
7 | involved in the performance of the contracted work and the | ||||||
8 | performance of the contracted work was the proximate cause of | ||||||
9 | the injury. Proximate cause exists when the actions of the | ||||||
10 | employee or the agent of the employer were a substantial | ||||||
11 | factor in causing the injury. | ||||||
12 | An employer is liable if the employer has acted in a manner | ||||||
13 | inconsistent with how a reasonable person would act under | ||||||
14 | similar circumstances. | ||||||
15 | (b) An employer is liable for gender-related violence if | ||||||
16 | the employer: | ||||||
17 | (1) failed to supervise, train, or monitor the | ||||||
18 | employee who engaged in the gender-related violence. An | ||||||
19 | employer providing training pursuant to Section 2-109 of | ||||||
20 | the Illinois Human Rights Act shall have an affirmative | ||||||
21 | defense that adequate training was provided to the | ||||||
22 | employee; or | ||||||
23 | (2) failed to investigate complaints or reports | ||||||
24 | directly provided to a supervisor, manager, owner, or | ||||||
25 | another person designated by the employer of similar | ||||||
26 | conduct by an employee or agent of the employer and the |
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1 | employer failed to take remedial measures in response to | ||||||
2 | the complaints or reports. | ||||||
3 | (c) Nothing in this Act precludes a person who has been the | ||||||
4 | victim of gender-related violence from pursuing any other | ||||||
5 | right or cause of action created by statute or common law.
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6 | (740 ILCS 82/20)
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7 | Sec. 20. Limitation. An action by an individual based on | ||||||
8 | gender-related violence as
defined
in
paragraph (1) , or (2) , | ||||||
9 | or (2.5) of Section 5 must be commenced within 7 years after | ||||||
10 | the
cause of
action accrued, except that if the person | ||||||
11 | entitled to bring the action was a
minor at the
time the cause | ||||||
12 | of action accrued, the action must be commenced within 7 years
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13 | after the
person reaches the age of 18. An action based on | ||||||
14 | gender-related violence as
defined in
paragraph (3) of Section | ||||||
15 | 5 must be commenced within 2 years after the cause of
action
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16 | accrued, except that if the person entitled to bring the | ||||||
17 | action was a minor at
the time the
cause of action accrued, the | ||||||
18 | action must be commenced within 2 years after the
person
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19 | reaches the age of 18. An action against an employer pursuant | ||||||
20 | to Section 11 must be commenced within 4 years after the cause | ||||||
21 | of action accrued, except that if the person entitled to bring | ||||||
22 | the action was a minor at the time the cause of action accrued, | ||||||
23 | the action must be commenced within 4 years after the person | ||||||
24 | reaches the age of 18.
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25 | (Source: P.A. 93-416, eff. 1-1-04.)".
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