HB 4850

Abstract

Amends "An Act in relation to violence against women", approved August 5, 2003, Public Act 93-416, by adding clauses to the preamble. Amends the Gender Violence Act. Includes domestic violence in the definition of "gender-related violence". Provides that an employer shall be liable for gender-related violence committed by an employee or nonemployee if the employer, through the employer's acts or omissions, engages in: (1) encouraging or assisting in the commission of the gender-related violence by failing to supervise, train, or monitor an employee or nonemployee; (2) having prior knowledge of an employee's or nonemployee's propensity for engaging in similar conduct but failing to take remedial measures; (3) failing to investigate complaints or reports of similar conduct by an employee or nonemployee; or (4) otherwise failing to investigate or take remedial measures in response to complaints or reports of similar conduct by an employee or nonemployee. Requires an action based on gender-related violence relating to domestic violence to be commenced within 7 years after the cause of action accrued or, in a case where the person was a minor at the time the cause of action accrued, within 7 years of the person reaching the age of 18. Provides that no person has the power to waive any provisions of the Act as part of a dissolution of marriage agreement, civil union, domestic partnership, or custody agreement. House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Gender Violence Act. Defines "employee", "employer", "work environment", and "workplace". Changes the definition of "gender-related violence" to include domestic violence. Provides that an employer shall only be liable for gender-related violence committed in the work environment by an employee or agent of the employer. Provides specific instances in which an employer is liable for gender-related violence. Provides that no person shall have the power to waive any provisions of the Act as part of a dissolution of marriage agreement, civil union, domestic partnership, or custody agreement. Makes corresponding changes.