Bill Text: IL HB1363 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Amends the Gender Violence Act. Defines "employee", "employer", and "workplace". Changes the definition of "gender-related violence" to also mean domestic violence. Provides that an employer is only liable for gender-related violence committed in the work environment by an employee or agent of the employer. Provides that liability only extends to gender-related violence that occurs while the employee was directly performing the employee's job duties and the job duties were the proximate cause of the injury, or while agent of the employer was directly involved in the performance of the contracted work and the contracted work was the proximate cause of the injury. Provides that an employer is liable for gender-related violence if the employer: failed to supervise, train, or monitor the employee who engaged in the gender-related violence; or failed to investigate complaints or reports directly provided to a supervisor, manager, owner, or another person designated by the employer of similar conduct by an employee or agent of the employer and the employer failed to take remedial measures in response to the complaints or reports. Requires an action against an employer for gender-related violence to be commenced within 4 years after the cause of action accrued, except that if the person entitled to bring the action was a minor at the time the cause of action accrued, then within 4 years after the person reaches the age of 18. Provides that no person has the power to waive any provision of the Act as part of a dissolution of marriage agreement, civil union, domestic partnership, or custody agreement.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0282 [HB1363 Detail]

Download: Illinois-2023-HB1363-Chaptered.html

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Public Act 103-0282
HB1363 Enrolled LRB103 25675 LNS 52024 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Gender Violence Act is amended by changing
Sections 5 and 20 and by adding Section 11 as follows:
(740 ILCS 82/5)
Sec. 5. Definitions Definition. In this Act: ,
"Employee" has the meaning provided in Section 2-101 of
the Illinois Human Rights Act.
"Employer" has the meaning provided in Section 2-101 of
the Illinois Human Rights Act.
"Gender-related gender-related violence", which is a form
of sex discrimination, means the following:
(1) One or more acts of violence or physical
aggression satisfying the elements of battery under the
laws of Illinois that are committed, at least in part, on
the basis of a person's sex, whether or not those acts have
resulted in criminal charges, prosecution, or conviction.
(2) A physical intrusion or physical invasion of a
sexual nature under coercive conditions satisfying the
elements of battery under the laws of Illinois, whether or
not the act or acts resulted in criminal charges,
prosecution, or conviction.

(2.5) Domestic violence, as defined in the Victims'
Economic Security and Safety Act.
(3) A threat of an act described in item (1), or (2),
or (2.5) causing a realistic apprehension that the
originator of the threat will commit the act.
"Workplace" means the employer's premises, including any
building, real property, and parking area under the control of
the employer, or any location used by an employee while in the
performance of the employee's job duties. "Workplace" includes
activities occurring off-premises at employer-sponsored events
where an employee is not performing the employee's job duties.
(Source: P.A. 93-416, eff. 1-1-04.)
(740 ILCS 82/11 new)
Sec. 11. Employer liability for an employee or agent.
(a) An employer is only liable for gender-related violence
committed in the workplace by an employee or agent of the
employer when the interaction giving rise to the
gender-related violence arises out of and in the course of
employment with the employer. Liability only extends to
gender-related violence that occurs: (i) while the employee
was directly performing the employee's job duties and the
gender-related violence was the proximate cause of the injury;
or (ii) while the agent of the employer was directly involved
in the gender-related violence and the performance of the
contracted work was the proximate cause of the injury.

Proximate cause exists when the actions of the employee or the
agent of the employer were a substantial factor in causing the
injury.
An employer is liable if the employer has acted in a manner
inconsistent with how a reasonable person would act under
similar circumstances.
(b) Notwithstanding subsection (a), an employer is only
liable for gender-related violence if the employer:
(1) failed to supervise, train, or monitor the
employee who engaged in the gender-related violence. An
employer providing training pursuant to Section 2-109 of
the Illinois Human Rights Act shall have an affirmative
defense that adequate training was provided to the
employee; or
(2) failed to investigate complaints or reports
directly provided to a supervisor, manager, owner, or
another person designated by the employer of similar
conduct by an employee or agent of the employer and the
employer failed to take remedial measures in response to
the complaints or reports.
(c) Nothing in this Act precludes a person who has been the
victim of gender-related violence from pursuing any other
right or cause of action created by statute or common law.
(740 ILCS 82/20)
Sec. 20. Limitation. An action by an individual based on

gender-related violence as defined in paragraph (1), or (2),
or (2.5) of Section 5 must be commenced within 7 years after
the cause of action accrued, except that if the person
entitled to bring the action was a minor at the time the cause
of action accrued, the action must be commenced within 7 years
after the person reaches the age of 18. An action based on
gender-related violence as defined in paragraph (3) of Section
5 must be commenced within 2 years after the cause of action
accrued, except that if the person entitled to bring the
action was a minor at the time the cause of action accrued, the
action must be commenced within 2 years after the person
reaches the age of 18. An action against an employer pursuant
to Section 11 must be commenced within 4 years after the cause
of action accrued, except that if the person entitled to bring
the action was a minor at the time the cause of action accrued,
the action must be commenced within 4 years after the person
reaches the age of 18.
(Source: P.A. 93-416, eff. 1-1-04.)