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2012 Illinois Attorney General Reports and Opinions 1 (2012)

handle is hein.sag/sagil0101 and id is 1 raw text is: OFFICE OF THE ATTORNEY GENERAL
Lisa Madigan
ATTORNEY GENERAL                   December 20, 2012
FILE NO. 12-001
Applicability of the Right to
Privacy in the Workplace Act
to a Non-Profit Hospital
The Honorable David Luechtefeld                                              /1
Assistant Minority Leader                        .
State Senator, 58th District
700 North Front Street
Okawville,/Illinois 62706    I
Dear Senator   ec tefeZ
have your letter i ui   wh    e  ubsection 5(b) of the Right to Privacy in the
Workplace c the Act) (8 0 CS 5 5/5(b) (West 2010)) permits a non-profit hospital to make
hiring decistionshether an individual uses tobacco products off of the hospital's
premises during non-working hours. Subsection 5(a) of the Act (820 ILCS 55/5(a) (West 2010))
generally prohibits an employer from making employment decisions based upon whether an
individual uses lawful products[, such as tobacco products,] off the premises of the employer
500 South Second Street, Springfield, Illinois oZ706 * (217) 762-1090 * TTY: (217) 785-2771 * Fax: (.17) 782-7046
100 West Randolph Street, Chicago, Illinois 60601 * (312) 814-3000 *  iTY: (312) 814-3374  * Fax: (312) 814-3806
1001 East Main, Carbondale, Illinois 62901 e (618) 529-6400  a TTY: (618) 529-6403  * Fax: (618) 529-6416  ,

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