HB3418sam001 102ND GENERAL ASSEMBLY

Sen. John Connor

Filed: 5/12/2021

10200HB3418sam001 LRB102 11388 JLS 26418 a

AMENDMENT TO HOUSE BILL 3418

AMENDMENT NO. ______. Amend House Bill 3418 by replacing everything after the enacting clause with the following:

"Section 5. The Workplace Transparency Act is amended by changing Section 1-30 as follows:

(820 ILCS 96/1-30)

Sec. 1-30. Settlement or termination agreements.

(a) An employer may not require a potential, current, or former employee to sign a nondisclosure provision of a settlement agreement relating to a claim of sexual harassment or sexual assault in the workplace brought by the employee or prevent the employee from disclosing a claim of sexual harassment or sexual assault occurring in the workplace or at a work-related event coordinated by or through the employer.

(a-5) This Section does not prohibit a settlement agreement relating to a claim alleging sexual harassment or sexual assault in the workplace between an employer and an employee or former employee from containing confidentiality provisions as provided in this subsection. A confidentiality provision is permissible when:

(1) it relates to the monetary amount of a settlement; or

(2) at the employee's request, it prohibits disclosure of facts that could lead to the identification of the employee.

(a-10) Except as prohibited under subsections (a) and (a-5), an An employee, prospective employee, or former employee and an employer may enter into a valid and enforceable settlement or termination agreement that includes promises of confidentiality related to alleged unlawful employment practices, so long as:

(1) confidentiality is the documented preference of the employee, prospective employee, or former employee and is mutually beneficial to both parties;

(2) the employer notifies the employee, prospective employee, or former employee, in writing, of his or her right to have an attorney or representative of his or her choice review the settlement or termination agreement before it is executed;

(3) there is valid, bargained for consideration in exchange for the confidentiality;

(4) the settlement or termination agreement does not waive any claims of unlawful employment practices that accrue after the date of execution of the settlement or termination agreement;

(5) the settlement or termination agreement is provided, in writing, to the parties to the prospective agreement and the employee, prospective employee, or former employee is given a period of 21 calendar days to consider the agreement before execution, during which the employee, prospective employee, or former employee may sign the agreement at any time, knowingly and voluntarily waiving any further time for consideration; and

(6) unless knowingly and voluntarily waived by the employee, prospective employee, or former employee, he or she has 7 calendar days following the execution of the agreement to revoke the agreement and the agreement is not effective or enforceable until the revocation period has expired.

(b) An employer may not unilaterally include any clause in a settlement or termination agreement that prohibits the employee, prospective employee, or former employee from making truthful statements or disclosures regarding unlawful employment practices.

(c) Failure to comply with the provisions of this Section shall render any promise of confidentiality related to alleged unlawful employment practices against public policy void and severable from an otherwise valid and enforceable agreement.

(d) Nothing in this Section shall be construed to prevent a mutually agreed upon settlement or termination agreement from waiving or releasing the employee, prospective employee, or former employee's right to seek or obtain any remedies relating to an unlawful employment practice claim that occurred before the date on which the agreement is executed.

(e) The provisions of this amendatory Act of the 102nd General Assembly apply to agreements entered into on or after the effective date of this amendatory Act of the 102nd General Assembly.

(Source: P.A. 101-221, eff. 1-1-20.)".