101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2062

 

Introduced , by Rep. Jennifer Gong-Gershowitz

 

SYNOPSIS AS INTRODUCED:
 
New Act
775 ILCS 5/6-102

    Creates the Freedom to Disclose Act. Provides that an employer may not require an employee or prospective employee to sign a nondisclosure agreement, waiver, or other document that prevents the employee from disclosing sexual harassment or sexual violence occurring in the workplace, at work-related events coordinated by or through the employer, or between employees or an employer and employee off the employment premises. Provides that any such nondisclosure agreement is void. Provides that it is a violation of the Whistleblower Act and the Illinois Human Rights Act for an employer to discharge or otherwise retaliate against an employee for disclosing or discussing sexual harassment or sexual violence occurring in the workplace, at work-related events coordinated by or through the employer, or between employees or an employer and an employee off the employment premises. Provides that settlement agreements may contain nondisclosure provisions if specified requirements are met. Provides that an employer's ability to require confidentiality is not limited under certain circumstances. Makes corresponding changes in the Illinois Human Rights Act. Effective immediately.


LRB101 07133 LNS 53884 b

 

 

A BILL FOR

 

HB2062LRB101 07133 LNS 53884 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Freedom to Disclose Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Employer" has the same meaning as in Section 2-101 of the
8Illinois Human Rights Act.
9    "Employee" has the same meaning as in Section 2-101 of the
10Illinois Human Rights Act.
11    "Sexual harassment" has the same meaning as in Section
122-101 of the Illinois Human Rights Act.
13    "Sexual violence" means:
14        (1) one or more acts of violence or physical aggression
15    satisfying the elements of battery under the laws of this
16    State that are committed, at least in part, on the basis of
17    a person's sex, whether or not the act or those acts have
18    resulted in criminal charges, prosecution, or conviction;
19        (2) a physical intrusion or physical invasion of a
20    sexual nature under coercive conditions satisfying the
21    elements of battery under the laws of this State, whether
22    or not the act or acts resulted in criminal charges,
23    prosecution, or conviction; or

 

 

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1        (3) a threat of an act described in (1) or (2) causing
2    a realistic apprehension that the originator of the threat
3    will commit the act.
 
4    Section 10. Nondisclosure agreements.
5    (a) Except for settlement agreements under Section 20, an
6employer may not require an employee or prospective employee as
7a condition of employment or continued employment to sign a
8nondisclosure agreement, waiver, or other document that
9prevents the employee from disclosing sexual harassment or
10sexual violence occurring in the workplace, at work-related
11events coordinated by or through the employer, or between
12employees or an employer and employee off the employment
13premises.
14    (b) Except for settlement agreements under Section 20, any
15nondisclosure agreement, waiver, or other document signed by an
16employee or prospective employee as a condition of employment
17or continued employment that has the purpose or effect of
18preventing the employee from disclosing or discussing sexual
19harassment or sexual violence occurring in the workplace, at
20work-related events coordinated by or through the employer, or
21between employees or an employer and an employee off the
22employment premises is against public policy and is void.
 
23    Section 15. Violations. It is a violation of the
24Whistleblower Act and a civil rights violation under Section

 

 

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16-101 of the Illinois Human Rights Act for an employer to
2discharge or otherwise retaliate against an employee for
3disclosing or discussing sexual harassment or sexual violence
4occurring in the workplace, at work-related events coordinated
5by or through the employer, or between employees or an employer
6and an employee off the employment premises.
 
7    Section 20. Settlement agreements. A settlement agreement
8between an employee or former employee and an employer may
9contain confidentiality provisions that may otherwise be
10barred by this Act, provided that confidentiality is the
11preference of the employee or former employee, and so long as
12the employer:
13    (1) provides the settlement agreement language to the
14employee or former employee in writing;
15    (2) notifies the employee or former employee, in writing,
16of his or her right an attorney to review the settlement
17agreement; and
18    (3) provides at least 10 business days for the employee or
19former employee consider the provision.
20    The requirements of this Section apply to any settlement
21agreement entered on or after the effective date of this Act.
 
22    Section 25. Limitations. This Act shall not be construed to
23limit an employer's ability to require confidentiality of:
24    (1) employees who receive complaints of sexual harassment,

 

 

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1sexual violence, or other employment discrimination as part of
2their assigned job duties; or
3    (2) individuals who are notified and requested to
4participate in an open and ongoing investigation into alleged
5sexual harassment or other employment discrimination and
6requested to maintain reasonable confidentiality during the
7pendency of that investigation.
 
8    Section 30. The Illinois Human Rights Act is amended by
9changing Section 6-102 as follows:
 
10    (775 ILCS 5/6-102)
11    Sec. 6-102. Violations of other Acts. A person who violates
12the Section 11-117-12.2 of the Illinois Municipal Code, Section
13224.05 of the Illinois Insurance Code, Section 8-201.5 of the
14Public Utilities Act, Sections 2-1401.1, 9-107.10, 9-107.11,
15and 15-1501.6 of the Code of Civil Procedure, Section 4.05 of
16the Interest Act, the Military Personnel Cellular Phone
17Contract Termination Act, Section 405-272 of the Civil
18Administrative Code of Illinois, Section 10-63 of the Illinois
19Administrative Procedure Act, Sections 30.25 and 30.30 of the
20Military Code of Illinois, Section 16 of the Landlord and
21Tenant Act, Section 26.5 of the Retail Installment Sales Act,
22Section 15 of the Freedom to Disclose Act, or Section 37 of the
23Motor Vehicle Leasing Act commits a civil rights violation
24within the meaning of this Act.

 

 

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1(Source: P.A. 100-1101, eff. 1-1-19.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.