By: Maryjo F. Pirages Reynolds
Last month the Illinois legislature passed the Firearm Concealed Carry Act, P.A. 098-0063. Under the new law, individuals who have a valid FOID card, satisfy various background requirements, and complete training may be licensed to carry concealed firearms in areas other than “prohibited locations”. Prohibited locations include schools, government buildings, hospitals, public transportation, bars, stadiums, and many other public places. Private property owners also may designate their property as a prohibited location.
The Act allows licensees to carry concealed firearms on their person inside a vehicle into the parking areas of most prohibited locations, store firearms and ammunition concealed in a case within a locked vehicle or a locked container out of plain view within a vehicle in such parking areas, and have an unloaded firearm just outside of a vehicle for the purpose of storing or retrieving it. However, firearms may not be carried or stored anywhere at nuclear power plants or where prohibited by federal law.
Unlike some other states’ laws, the Illinois law does not directly address an employer’s ability to prohibit firearms in the workplace. Instead, employers must determine whether the Firearm Concealed Carry Act designates their worksite as a prohibited location. If not, the employer may choose to designate its property as a prohibited location. To designate property as a prohibited location, a sign must be clearly and conspicuously posted at the entrance of the building, premises, or real property. The sign must be 4 inches by 6 inches in size and is available at http://www.isp.state.il.us/media/pressdetails.cfm?ID=762. Employers who lease their worksites should determine whether they need their landlord’s consent to post the necessary signage.
The new law also must be read with the Illinois Right to Privacy in the Workplace Act, 820 ILCS 55/5, which generally prohibits employment discrimination on the basis of an employee’s use of lawful products off the premises during nonworking hours, except to the extent such use impairs the employee’s ability to perform assigned duties. As such, employers cannot refuse to hire individuals licensed to carry a firearm, and should avoid inquiries about an individual’s concealed carry status except as may be necessary to confirm the employee’s authority to carry a firearm or keep firearms in parking areas. The Right to Privacy Act does not prevent an employer from prohibiting the possession of firearms by employees inside the employer’s workplace, or while working at other locations, using company vehicles, or driving one’s own vehicle to perform work-related activities.
Passage of the Concealed Carry Act may result in concerns about the possibility that workplace violence will escalate as a result of an individual’s right to carry. The Act does not impose any new or additional obligations on employers with respect to preventing or addressing workplace violence. However, under the Occupational Safety and Health Act, 29 U.S.C. 654(a)(1), employers have a general duty to provide a place of employment that “is free from recognizable hazards that are causing or likely to cause death or serious physical harm”. As they do with other potentially dangerous equipment, employers that allow concealed carry should adopt policies and programs to ensure that firearms are safeguarded to prevent their misuse in the workplace.
More generally, an employer may violate the Occupational Safety and Health Act by failing to take action if the employer knows or should know that the risk of workplace violence exists, such as where there is a history of violent behavior or threats of violence. Given this, employers should determine whether their policies need updating to directly address the issue of workplace violence. Such policies should prohibit violent behavior and threats of violence, advise that work areas and company lockers may be subject to search for weapons, create mechanisms for reporting and addressing workplace violence, and provide that violators may be reported to law enforcement authorities in addition to being subject to discipline. Finally, employers may wish to evaluate their security and emergency plans to ensure preparedness in the event of an incident of workplace violence.
An employer should consult with its insurance providers and legal counsel before adopting policies regarding concealed carry. Employers that choose to allow concealed carry should consider how access and use by unlicensed employees will be prevented, as well as the circumstances under which a licensed employee’s right to carry should be restricted. Employers who prefer to designate their property as a prohibited location must post the required sign and comply with the Concealed Carry Act’s parking area rules. They also may adopt policies prohibiting firearms and other weapons on company property and other worksites, in company vehicles, and while driving one’s personal vehicle for work-related purposes “to the fullest extent allowed under applicable law”. In either case, employers are encouraged to review their existing policies to ensure they comply with the Concealed Carry Act and related employment laws.
Maryjo Pirages is an associate attorney of the firm and a member of the Employment & Labor Law, Trusts & Estates, and Corporate & Business Groups. Maryjo counsels and represents employers in a range of employment matters, including statutory and administrative regulations compliance, contracts, and employee handbooks and policies. Maryjo’s goal is to work hand-in-hand with employers so that they may proactively implement and stay up-to-date with their policies in order to limit their liability and exposure. Additionally, she assists individuals and families in their estate planning and administration.