HB3206 101ST GENERAL ASSEMBLY

LRB101 10024 LNS 55126 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3206

Introduced , by Rep. Aaron M. Ortiz

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-2302 new

Amends the Code of Civil Procedure. In the Part concerning settlement of claims, provides that an employer may not require an employee or prospective employee to execute a nondisclosure agreement, waiver, or other document that prohibits or attempts to prohibit an employee from disclosing or reporting allegations of sexual harassment, discrimination, or retaliation or the factual foundation of such an allegation. Provides that any nondisclosure agreement, waiver, or other document that: has the purpose or effect of prohibiting an employee from disclosing or reporting allegations of sexual harassment, discrimination, or retaliation or the factual foundation of such allegation; or purports or attempts to waive a substantive or procedural right or remedy under State or federal law arising out of the factual foundation providing the basis for a sexual harassment, discrimination, or retaliation claim is void and unenforceable. Defines terms. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by adding Section 2-2302 as follows:

(735 ILCS 5/2-2302 new)

Sec. 2-2302. Nondisclosure agreements. Notwithstanding any other law to the contrary, an employer may not require an employee or prospective employee to execute a nondisclosure agreement, waiver, or other document that prohibits or attempts to prohibit an employee from disclosing or reporting an allegation of sexual harassment, discrimination, or retaliation, or the factual foundation of such an allegation.

Any nondisclosure agreement, waiver, or other document that has the purpose or effect of prohibiting an employee from disclosing or reporting an allegation of sexual harassment, discrimination, or retaliation, or the factual foundation of such an allegation, is void and unenforceable.

Any nondisclosure agreement, waiver, or other document that purports or attempts to waive a substantive or procedural right or remedy under State or federal law arising out of the factual foundation providing the basis for a sexual harassment, discrimination, or retaliation, claim is void and unenforceable.

As used in this Section, the following terms have the following meanings:

"Discrimination" means for any employer to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, or privileges or conditions of employment on the basis of unlawful discrimination or citizenship status.

"Employee" has the same meaning as set forth in subsection (A) of Section 2-101 of the Illinois Human Rights Act.

"Employer" has the same meaning as set forth in subsection (B) of Section 2-101 of the Illinois Human Rights Act.

"Retaliation" has the same meaning as set forth in subsection (A) of Section 6-101 of the Illinois Human Rights Act.

"Sexual harassment" has the same meaning as set forth in subsection (E) of Section 2-101 of the Illinois Human Rights Act.

Section 99. Effective date. This Act takes effect upon becoming law.