820 ILCS 55

in effect

820 ILCS 55/1

(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.)

(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, including Section 10-50 of the Cannabis Regulation and Tax Act, 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 and non-call hours. As used in this Section, "lawful products" means products that are legal under state law. For purposes of this Section, an employee is deemed on-call when the employee is scheduled with at least 24 hours' notice by his or her employer to be on standby or otherwise responsible for performing tasks related to his or her employment either at the employer's premises or other previously designated location by his or her employer or supervisor to perform a work-related task. (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 reflect a differential cost to the employer; and (2) employers provide employees with a statement delineating the differential rates used by insurance carriers. (Source: P.A. 101-27, eff. 6-25-19.)

820 ILCS 55/10

(820 ILCS 55/10) (from Ch. 48, par. 2860) Sec. 10. Prohibited inquiries; online activities. (a) 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. (b)(1) Except as provided in this subsection, it shall be unlawful for any employer or prospective employer to: (A) 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 prospective employee's personal online account; (B) request, require, or coerce an employee or applicant to authenticate or access a personal online account in the presence of the employer; (C) 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; (D) 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; (E) discharge, discipline, discriminate against, retaliate against, or otherwise penalize an employee for (i) 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, (ii) refusing or declining to authenticate or access a personal online account in the presence of the employer, (iii) refusing to invite the employer to join a group affiliated with any personal online account of the employee, (iv) refusing to join an online account established by the employer, or (v) 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; or (F) fail or refuse to hire an applicant as a result of his or her refusal to (i) provide the employer with a user name and password, password, or any other authentication means for accessing a personal online account, (ii) authenticate or access a personal online account in the presence of the employer, or (iii) invite the employer to join a group affiliated with a personal online account of the applicant. (2) Nothing in this subsection shall limit an employer's right to: (A) promulgate and maintain lawful workplace policies governing the use of the employer's electronic equipment, including policies regarding Internet use, social networking site use, and electronic mail use; or (B) monitor usage of the employer's electronic equipment and the employer's electronic mail without requesting or using any employee or prospective employee to provide any password or other related account information in order to gain access to the employee's or prospective employee's personal online account. (3) Nothing in this subsection shall prohibit an employer from: (A) obtaining about a prospective employee or an employee information that is in the public domain or that is otherwise obtained in compliance with this amendatory Act of the 97th General Assembly; (B) complying with State and federal laws, rules, and regulations and the rules of self-regulatory organizations created pursuant to federal or State law when applicable; (C) requesting or requiring an employee or applicant to share specific content that has been reported to the employer, without requesting or requiring an employee or applicant to provide a user name and password, password, or other means of authentication that provides access to an employee's or applicant's personal online account, for the purpose of: (i) ensuring compliance with applicable laws or regulatory requirements; (ii) investigating an allegation, based on receipt of specific information, of the unauthorized transfer of an employer's proprietary or confidential information or financial data to an employee or applicant's personal account; (iii) investigating an allegation, based on receipt of specific information, of a violation of applicable laws, regulatory requirements, or prohibitions against work-related employee misconduct; (iv) prohibiting an employee from using a personal online account for business purposes; or (v) prohibiting an employee or applicant from accessing or operating a personal online account during business hours, while on business property, while using an electronic communication device supplied by, or paid for by, the employer, or while using the employer's network or resources, to the extent permissible under applicable laws. (4) If an employer inadvertently receives the username, password, or any other information that would enable the employer to gain access to the employee's or potential employee's personal online account through the use of an otherwise lawful technology that monitors the employer's network or employer-provided devices for network security or data confidentiality purposes, then the employer is not liable for having that information, unless the employer: (A) uses that information, or enables a third party to use that information, to access the employee or potential employee's personal online account; or (B) after the employer becomes aware that such information was received, does not delete the information as soon as is reasonably practicable, unless that information is being retained by the employer in connection with an ongoing investigation of an actual or suspected breach of computer, network, or data security. Where an employer knows or, through reasonable efforts, should be aware that its network monitoring technology is likely to inadvertently to receive such information, the employer shall make reasonable efforts to secure that information. (5) Nothing in this subsection shall prohibit or restrict an employer from complying with a duty to screen employees or applicants prior to hiring or to monitor or retain employee communications as required under Illinois insurance laws or federal law or by a self-regulatory organization as defined in Section 3(A)(26) of the Securities Exchange Act of 1934, 15 U.S.C. 78(A)(26) provided that the password, account information, or access sought by the employer only relates to an online account that: (A) an employer supplies or pays; or (B) an employee creates or maintains on behalf of or under direction of an employer in connection with that employee's employment. (6) For the purposes of this subsection: (A) "Social networking website" means an Internet-based service that allows individuals to: (i) construct a public or semi-public profile within a bounded system, created by the service; (ii) create a list of other users with whom they share a connection within the system; and (iii) view and navigate their list of connections and those made by others within the system. "Social networking website" does not include electronic mail. (B) "Personal online account" means an online account, that is used by a person primarily for personal purposes. "Personal online account" 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. (Source: P.A. 98-501, eff. 1-1-14; 99-610, eff. 1-1-17.)

820 ILCS 55/12 (Repealed)

(820 ILCS 55/12) Sec. 12. (Repealed). (Source: P.A. 103-879; eff. 1-1-25. Repealed by P.A. 104-455, eff. 12-12-25.)

820 ILCS 55/13 (Repealed)

(820 ILCS 55/13) Sec. 13. (Repealed). (Source: P.A. 103-879; eff. 1-1-25. Repealed by P.A. 104-455, eff. 12-12-25.)

820 ILCS 55/15 Administration and enforcement by the Department and Attorney General

(820 ILCS 55/15) (from Ch. 48, par. 2865) Sec. 15. Administration and enforcement by the Department and Attorney General. (a) It shall be the duty of the Department to enforce the provisions of this Act when, in the Department's judgment, there is cause and sufficient resources for investigation. The Department shall have the power to conduct investigations in connection with the administration and enforcement of this Act, and any investigator with the Department shall be authorized to visit and inspect, at all reasonable times, any places covered by this Act and shall be authorized to inspect, at all reasonable times, records of the employer or prospective employer related to its employees or prospective employees and related to its activities under and in compliance with this Act. The Department shall have the 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 conduct hearings in accordance with the Illinois Administrative Procedure Act upon written complaint by an investigator of the Department. After the hearing, if supported by the evidence, the Department may (i) issue and cause to be served on any party an order to cease and desist from further violation of the Act, (ii) take affirmative or other action as deemed reasonable to eliminate the effect of the violation, and (iii) determine the amount of any civil penalty allowed by the Act. The Director of Labor or his or her representative may compel, by subpoena, the attendance and testimony of witnesses and the production of books, payrolls, records, papers, and other evidence in any investigation or hearing and may administer oaths to witnesses. 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. (a-5) If the Attorney General has reasonable cause to believe that any person or entity has engaged in a practice prohibited by this Act, the Attorney General may, pursuant to the authority conferred by Section 6.3 of the Attorney General Act, initiate or intervene in a civil action in the name of the People of the State in any appropriate court to obtain appropriate relief. (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 pursuant to its authority under subsection (a). 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) (Blank). (d) (Blank). (e) (Blank). (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 of Labor 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. (g) No employer or prospective employer shall be subject to concurrent or duplicative enforcement actions under this Act based on the same set of facts or alleged violations involving the same individual or individuals. Upon the initiation of any action under this Act, any other action arising from the same set of facts or alleged violations and involving the same individual or individuals shall be barred. For the purposes of this Section, an action is deemed to be initiated upon the filing of a complaint in circuit court. (Source: P.A. 103-879, eff. 1-1-25; 104-455, eff. 12-12-25; 104-852, eff. 8-21-26.)

820 ILCS 55/20

(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.)

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.ilga.gov/legislation/ilcs/ilcs.aspFetched: 10/17/2026