Full Text of HB3418 102nd General Assembly
HB3418sam001 102ND GENERAL ASSEMBLY | Sen. John Connor Filed: 5/12/2021
| | 10200HB3418sam001 | | LRB102 11388 JLS 26418 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3418
| 2 | | AMENDMENT NO. ______. Amend House Bill 3418 by replacing | 3 | | everything after the enacting clause with the following:
| 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 require a potential, current, or | 9 | | former employee to sign a nondisclosure provision of a | 10 | | settlement agreement relating to a claim of sexual harassment | 11 | | or sexual assault in the workplace brought by the employee or | 12 | | prevent the employee from disclosing a claim of sexual | 13 | | harassment or sexual assault occurring in the workplace or at | 14 | | a work-related 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 |
| | | 10200HB3418sam001 | - 2 - | LRB102 11388 JLS 26418 a |
|
| 1 | | sexual assault in the workplace between an employer and an | 2 | | employee or former employee from containing confidentiality | 3 | | provisions as provided in this subsection. A confidentiality | 4 | | provision is permissible when: | 5 | | (1) it relates to the monetary amount of a settlement; | 6 | | or | 7 | | (2) at the employee's request, it prohibits disclosure | 8 | | of facts that could lead to the identification of the | 9 | | employee. | 10 | | (a-10) Except as prohibited under subsections (a) and | 11 | | (a-5), an An employee, prospective employee, or former | 12 | | employee and an employer may enter into a valid and | 13 | | enforceable settlement or termination agreement that includes | 14 | | promises of confidentiality related to alleged unlawful | 15 | | employment practices, so long as: | 16 | | (1) confidentiality is the documented preference of | 17 | | the employee, prospective employee, or former employee and | 18 | | is mutually beneficial to both parties; | 19 | | (2) the employer notifies the employee, prospective | 20 | | employee, or former employee, in writing, of his or her | 21 | | right to have an attorney or representative of his or her | 22 | | choice review the settlement or termination agreement | 23 | | before it is executed; | 24 | | (3) there is valid, bargained for consideration in | 25 | | exchange for the confidentiality; | 26 | | (4) the settlement or termination agreement does not |
| | | 10200HB3418sam001 | - 3 - | LRB102 11388 JLS 26418 a |
|
| 1 | | waive any claims of unlawful employment practices that | 2 | | accrue after the date of execution of the settlement or | 3 | | termination agreement; | 4 | | (5) the settlement or termination agreement is | 5 | | provided, in writing, to the parties to the prospective | 6 | | agreement and the employee, prospective employee, or | 7 | | former employee is given a period of 21 calendar days to | 8 | | consider the agreement before execution, during which the | 9 | | employee, prospective employee, or former employee may | 10 | | sign the agreement at any time, knowingly and voluntarily | 11 | | waiving any further time for consideration; and | 12 | | (6) unless knowingly and voluntarily waived by the | 13 | | employee, prospective employee, or former employee, he or | 14 | | she has 7 calendar days following the execution of the | 15 | | agreement to revoke the agreement and the agreement is not | 16 | | effective or enforceable until the revocation period has | 17 | | expired. | 18 | | (b) An employer may not unilaterally include any clause in | 19 | | a settlement or termination agreement that prohibits the | 20 | | employee, prospective employee, or former employee from making | 21 | | truthful statements or disclosures regarding unlawful | 22 | | employment practices. | 23 | | (c) Failure to comply with the provisions of this Section | 24 | | shall render any promise of confidentiality related to alleged | 25 | | unlawful employment practices against public policy void and | 26 | | severable from an otherwise valid and enforceable agreement. |
| | | 10200HB3418sam001 | - 4 - | LRB102 11388 JLS 26418 a |
|
| 1 | | (d) Nothing in this Section shall be construed to prevent | 2 | | a mutually agreed upon settlement or termination agreement | 3 | | from waiving or releasing the employee, prospective employee, | 4 | | or former employee's right to seek or obtain any remedies | 5 | | relating to an unlawful employment practice claim that | 6 | | occurred before the date on which the agreement is executed.
| 7 | | (e) The provisions of this amendatory Act of the 102nd | 8 | | General Assembly apply to agreements entered into on or after | 9 | | the effective date of this amendatory Act of the 102nd General | 10 | | Assembly. | 11 | | (Source: P.A. 101-221, eff. 1-1-20 .)".
|
|