Libraries

     Business Organizations
     Business Transactions
     Commercial Code
     Employment

          - Labor Relations
          
- Wages and Hours
          
- Health and Safety
          
- Injuries
          
- Unemployment Ins.

Law Bulletins

 

 

To learn more about Hennessy & Roach services, reach us at:

Chicago:       312-346-5310
Fax:                312-346-5330

St. Louis:      314-231-0770
Fax:                314-231-0990

Springfield:  217-726-0037
Fax:                217-726-0137
 ______________________
140 S Dearborn St.,   Suite 520
Chicago, IL 60603

 
.
CHAPTER 820 - EMPLOYMENT
Victims' Economic Security and Safety Act.

.
 

 

    (820 ILCS 180/1)
    Sec. 1. Short title. This Act may be cited as the Victims' Economic Security and Safety Act.
(Source: P.A. 93-591, eff. 8-25-03.)



    (820 ILCS 180/5)
    Sec. 5. Findings. The General Assembly finds and declares the following:
        (1) Domestic and sexual violence affects many

    

persons without regard to age, race, educational level, socioeconomic status, religion, or occupation.

        (2) Domestic and sexual violence has a devastating

    

effect on individuals, families, communities and the workplace.

        (3) Domestic violence crimes account for

    

approximately 15% of total crime costs in the United States each year.

        (4) Violence against women has been reported to be

    

the leading cause of physical injury to women. Such violence has a devastating impact on women's physical and emotional health and financial security.

        (5) According to recent government surveys, from

    

1993 through 1998 the average annual number of violent victimizations committed by intimate partners was 1,082,110, 87% of which were committed against women.

        (6) Female murder victims were substantially more

    

likely than male murder victims to have been killed by an intimate partner. About one-third of female murder victims, and about 4% of male murder victims, were killed by an intimate partner.

        (7) According to recent government estimates,

    

approximately 987,400 rapes occur annually in the United States, 89% of the rapes are perpetrated against female victims.

        (8) Approximately 10,200,000 people have been

    

stalked at some time in their lives. Four out of every 5 stalking victims are women. Stalkers harass and terrorize their victims by spying on the victims, standing outside their places of work or homes, making unwanted phone calls, sending or leaving unwanted letters or items, or vandalizing property.

        (9) Employees in the United States who have been

    

victims of domestic violence, dating violence, sexual assault, or stalking too often suffer adverse consequences in the workplace as a result of their victimization.

        (10) Victims of domestic violence, dating violence,

    

sexual assault, and stalking face the threat of job loss and loss of health insurance as a result of the illegal acts of the perpetrators of violence.

        (11) The prevalence of domestic violence, dating

    

violence, sexual assault, stalking, and other violence against women at work is dramatic. Approximately 11% of all rapes occur in the workplace. About 50,500 individuals, 83% of whom are women, were raped or sexually assaulted in the workplace each year from 1992 through 1996. Half of all female victims of violent workplace crimes know their attackers. Nearly one out of 10 violent workplace incidents is committed by partners or spouses.

        (12) Homicide is the leading cause of death for

    

women on the job. Husbands, boyfriends, and ex-partners commit 15% of workplace homicides against women.

        (13) Studies indicate that as much as 74% of

    

employed battered women surveyed were harassed at work by their abusive partners.

        (14) According to a 1998 report of the U.S. General

    

Accounting Office, between one-fourth and one-half of domestic violence victims surveyed in 3 studies reported that the victims lost a job due, at least in part, to domestic violence.

        (15) Women who have experienced domestic violence or

    

dating violence are more likely than other women to be unemployed, to suffer from health problems that can affect employability and job performance, to report lower personal income, and to rely on welfare.

        (16) Abusers frequently seek to control their

    

partners by actively interfering with their ability to work, including preventing their partners from going to work, harassing their partners at work, limiting the access of their partners to cash or transportation, and sabotaging the child care arrangements of their partners.

        (17) More than one-half of women receiving welfare

    

have been victims of domestic violence as adults and between one-fourth and one-third reported being abused in the last year.

        (18) Sexual assault, whether occurring in or out of

    

the workplace, can impair an employee's work performance, require time away from work, and undermine the employee's ability to maintain a job. Almost 50% of sexual assault survivors lose their jobs or are forced to quit in the aftermath of the assaults.

        (19) More than one-fourth of stalking victims report

    

losing time from work due to the stalking and 7% never return to work.

        (20) (A) According to the National Institute of

    

Justice, crime costs an estimated $450,000,000,000 annually in medical expenses, lost earnings, social service costs, pain, suffering, and reduced quality of life for victims, which harms the Nation's productivity and drains the Nation's resources. (B) Violent crime accounts for $426,000,000,000 per year of this amount. (C) Rape exacts the highest costs per victim of any criminal offense, and accounts for $127,000,000,000 per year of the amount described in subparagraph (A).

        (21) The Bureau of National Affairs has estimated

    

that domestic violence costs United States employers between $3,000,000,000 and $5,000,000,000 annually in lost time and productivity. Other reports have estimated that domestic violence costs United States employers $13,000,000,000 annually.

        (22) United States medical costs for domestic

    

violence have been estimated to be $31,000,000,000 per year.

        (23) Ninety-four percent of corporate security and

    

safety directors at companies nationwide rank domestic violence as a high security concern.

        (24) Forty-nine percent of senior executives

    

recently surveyed said domestic violence has a harmful effect on their company's productivity, 47% said domestic violence negatively affects attendance, and 44% said domestic violence increases health care costs.

        (25) Employees, including individuals participating

    

in welfare to work programs, may need to take time during business hours to:

            (A) obtain orders of protection;
            (B) seek medical or legal assistance,

        

counseling, or other services; or

            (C) look for housing in order to escape from

        

domestic violence.

(Source: P.A. 93-591, eff. 8-25-03.)



    (820 ILCS 180/10)
    Sec. 10. Definitions. In this Act, except as otherwise expressly provided:
        (1) "Commerce" includes trade, traffic, commerce,

    

transportation, or communication; and "industry or activity affecting commerce" means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and includes "commerce" and any "industry affecting commerce".

        (2) "Course of conduct" means a course of repeatedly

    

maintaining a visual or physical proximity to a person or conveying oral or written threats, including threats conveyed through electronic communications, or threats implied by conduct.

        (3) "Department" means the Department of Labor.
        (4) "Director" means the Director of Labor.
        (5) "Domestic or sexual violence" means domestic

    

violence, sexual assault, or stalking.

        (6) "Domestic violence" includes acts or threats of

    

violence, not including acts of self defense, as defined in subdivision (3) of Section 103 of the Illinois Domestic Violence Act of 1986, sexual assault, or death to the person, or the person's family or household member, if the conduct causes the specific person to have such distress or fear.

        (7) "Electronic communications" includes

    

communications via telephone, mobile phone, computer, e-mail, video recorder, fax machine, telex, or pager.

        (8) "Employ" includes to suffer or permit to work.
        (9) Employee.
            (A) In general. "Employee" means any person

        

employed by an employer.

            (B) Basis. "Employee" includes a person employed

        

as described in subparagraph (A) on a full or part-time basis, or as a participant in a work assignment as a condition of receipt of federal or State income-based public assistance.

        (10) "Employer" means any of the following: (A) the

    

State or any agency of the State; (B) any unit of local government or school district; or (C) any person that employs at least 50 employees.

        (11) "Employment benefits" means all benefits

    

provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan". "Employee benefit plan" or "plan" means an employee welfare benefit plan or an employee pension benefit plan or a plan which is both an employee welfare benefit plan and an employee pension benefit plan.

        (12) "Family or household member" means a spouse,

    

parent, son, daughter, and persons jointly residing in the same household.

        (13) "Parent" means the biological parent of an

    

employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter. "Son or daughter" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age, or is 18 years of age or older and incapable of self-care because of a mental or physical disability.

        (14) "Perpetrator" means an individual who commits

    

or is alleged to have committed any act or threat of domestic or sexual violence.

        (15) "Person" means an individual, partnership,

    

association, corporation, business trust, legal representative, or any organized group of persons.

        (16) "Public agency" means the Government of the