Full Text of HB3418 102nd General Assembly
HB3418eng 102ND GENERAL ASSEMBLY |
| | HB3418 Engrossed | | LRB102 11388 JLS 16721 b |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Workplace Transparency Act is amended by | 5 | | changing Section 1-30 as follows: | 6 | | (820 ILCS 96/1-30)
| 7 | | Sec. 1-30. Settlement or termination agreements. | 8 | | (a) An employer may not, as a term of employment, require | 9 | | an employee to sign a nondisclosure provision of a settlement | 10 | | agreement relating to a claim of sexual harassment or sexual | 11 | | assault in the workplace brought by the employee or prevent | 12 | | the employee from disclosing a claim of sexual harassment or | 13 | | sexual assault occurring in the workplace or at a work-related | 14 | | event coordinated by or through the employer. | 15 | | (a-5) This Section does not prohibit a settlement | 16 | | agreement relating to a claim alleging sexual harassment or | 17 | | sexual assault in the workplace between an employer and an | 18 | | employee or former employee from containing confidentiality | 19 | | provisions as provided in this subsection. A confidentiality | 20 | | provision is permitted when: | 21 | | (1) it relates to the monetary amount of a settlement; | 22 | | or | 23 | | (2) at the employee's request, it prohibits disclosure |
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| 1 | | of facts that could lead to the identification of the | 2 | | employee. An employee, prospective employee, or former | 3 | | employee and an employer may enter into a valid and | 4 | | enforceable settlement or termination agreement that | 5 | | includes promises of confidentiality related to alleged | 6 | | unlawful employment practices, so long as: | 7 | | (1) confidentiality is the documented preference of | 8 | | the employee, prospective employee, or former employee and | 9 | | is mutually beneficial to both parties; | 10 | | (2) the employer notifies the employee, prospective | 11 | | employee, or former employee, in writing, of his or her | 12 | | right to have an attorney or representative of his or her | 13 | | choice review the settlement or termination agreement | 14 | | before it is executed; | 15 | | (3) there is valid, bargained for consideration in | 16 | | exchange for the confidentiality; | 17 | | (4) the settlement or termination agreement does not | 18 | | waive any claims of unlawful employment practices that | 19 | | accrue after the date of execution of the settlement or | 20 | | termination agreement; | 21 | | (5) the settlement or termination agreement is | 22 | | provided, in writing, to the parties to the prospective | 23 | | agreement and the employee, prospective employee, or | 24 | | former employee is given a period of 21 calendar days to | 25 | | consider the agreement before execution, during which the | 26 | | employee, prospective employee, or former employee may |
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| 1 | | sign the agreement at any time, knowingly and voluntarily | 2 | | waiving any further time for consideration; and | 3 | | (6) unless knowingly and voluntarily waived by the | 4 | | employee, prospective employee, or former employee, he or | 5 | | she has 7 calendar days following the execution of the | 6 | | agreement to revoke the agreement and the agreement is not | 7 | | effective or enforceable until the revocation period has | 8 | | expired. | 9 | | (b) An employer may not unilaterally include any clause in | 10 | | a settlement or termination agreement that prohibits the | 11 | | employee, prospective employee, or former employee from making | 12 | | truthful statements or disclosures regarding unlawful | 13 | | employment practices. | 14 | | (c) Failure to comply with the provisions of this Section | 15 | | shall render any promise of confidentiality related to alleged | 16 | | unlawful employment practices against public policy void and | 17 | | severable from an otherwise valid and enforceable agreement. | 18 | | (d) Nothing in this Section shall be construed to prevent | 19 | | a mutually agreed upon settlement or termination agreement | 20 | | from waiving or releasing the employee, prospective employee, | 21 | | or former employee's right to seek or obtain any remedies | 22 | | relating to an unlawful employment practice claim that | 23 | | occurred before the date on which the agreement is executed.
| 24 | | (e) The provisions of this amendatory Act of the 102nd | 25 | | General Assembly apply to agreements entered into on or after | 26 | | the effective date of this amendatory Act of the 102nd General |
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| 1 | | Assembly. | 2 | | (Source: P.A. 101-221, eff. 1-1-20 .)
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