101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
Introduced 1/10/2019, by Sen. Melinda Bush
SYNOPSIS AS INTRODUCED:
Creates the Workplace Transparency Act. Provides that employers shall
not require an employee or prospective employee to sign a nondisclosure
agreement that contains any provision that has the purpose or effect of:
limiting the disclosure of sexual misconduct, retaliation, or unlawful
discrimination; suppressing information relevant to an investigation into
a claim of sexual misconduct, retaliation, or unlawful discrimination;
impairing the ability of any person to report a claim of sexual misconduct,
retaliation, or unlawful discrimination; or waiving a substantive or
procedural right or remedy of any person relating to a claim of sexual
misconduct, retaliation, or unlawful discrimination. Provides that any
such provision is void as against public policy and unenforceable, and that
agreements that contain such provisions and were entered into before the
effective date of the Act are voidable by a party who entered into the
agreement under specified circumstances.
A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Workplace Transparency Act.
Findings and purpose.
Over one-third of the US
workforce is bound to their company by a nondisclosure
agreement. Nondisclosure agreements can force employees to be
silent about sexual misconduct, retaliation, and unlawful
discrimination. Nondisclosure agreements most often contain a
provision that waives a substantive or procedural right or
remedy related to claims of sexual harassment, retaliation, or
unlawful discrimination. It is therefore the intent of the
General Assembly to narrow the application of nondisclosure
agreements and render unenforceable boilerplate language that
places resolution of sexual harassment, retaliation, or
unlawful discrimination claims with private arbiters.
"Sexual harassment" has the same meaning as set forth in
Section 2-101 of the Illinois Human Rights Act.
"Employee" has the same meaning as set forth in Section
2-101 of the Illinois Human Rights Act.