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.
  


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A BILL FOR
 

  
HB3206LRB101 10024 LNS 55126 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Code of Civil Procedure is amended by adding 
5Section 2-2302 as follows:
 
6    (735 ILCS 5/2-2302 new)
7    Sec. 2-2302. Nondisclosure agreements. Notwithstanding any 
8other law to the contrary, an employer may not require an 
9employee or prospective employee to execute a nondisclosure 
10agreement, waiver, or other document that prohibits or attempts 
11to prohibit an employee from disclosing or reporting an 
12allegation of sexual harassment, discrimination, or 
13retaliation, or the factual foundation of such an allegation.
14    Any nondisclosure agreement, waiver, or other document 
15that has the purpose or effect of prohibiting an employee from 
16disclosing or reporting an allegation of sexual harassment, 
17discrimination, or retaliation, or the factual foundation of 
18such an allegation, is void and unenforceable.
19    Any nondisclosure agreement, waiver, or other document 
20that purports or attempts to waive a substantive or procedural 
21right or remedy under State or federal law arising out of the 
22factual foundation providing the basis for a sexual harassment, 
23discrimination, or retaliation, claim is void and 
 
 
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1unenforceable.
2    As used in this Section, the following terms have the 
3following meanings:
4        "Discrimination" means for any employer to refuse to 
5    hire, to segregate, or to act with respect to recruitment, 
6    hiring, promotion, renewal of employment, selection for 
7    training or apprenticeship, discharge, discipline, tenure 
8    or terms, or privileges or conditions of employment on the 
9    basis of unlawful discrimination or citizenship status.
10        "Employee" has the same meaning as set forth in 
11    subsection (A) of Section 2-101 of the Illinois Human 
12    Rights Act.
13        "Employer" has the same meaning as set forth in 
14    subsection (B) of Section 2-101 of the Illinois Human 
15    Rights Act.
16        "Retaliation" has the same meaning as set forth in 
17    subsection (A) of Section 6-101 of the Illinois Human 
18    Rights Act.
19        "Sexual harassment" has the same meaning as set forth 
20    in subsection (E) of Section 2-101 of the Illinois Human 
21    Rights Act.
 
 
22    Section 99. Effective date. This Act takes effect upon 
23becoming law.