HB 1363

Abstract

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 be liable only 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, dissolution of civil union agreement, dissolution of domestic partnership agreement, or custody agreement. Makes corresponding changes. House Committee Amendment No. 1 Replaces everything after the enacting clause. 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. House Floor Amendment No. 2 Deletes reference to: 740 ILCS 82/25 new Replaces everything after the enacting clause with the provisions of House Amendment No. 1, and makes the following changes: Provides that an employer is only liable for gender-related violence committed in the workplace (rather than work environment) 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. Provides that nothing in the 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. Removes language providing that no person has the power to waive any of the provisions of the Act as part of a dissolution of marriage agreement, civil union, domestic partnership, or custody agreement. Makes other changes. Senate Floor Amendment No. 1 Provides that liability only extends to an employer for gender-related violence that occurs: (i) while the employee was directly performing the employee's job duties and the gender-related violence (rather than the performance of the job duties) was the proximate cause of the injury; or (ii) while the agent of the employer was directly involved in the performance of the contracted work and the gender-related violence (rather than the performance of the contracted work) was the proximate cause of the injury. Provides that employer liability in other provisions are notwithstanding the requirements of items (i) and (ii) and other specified provisions.