Full Text of HB5574 102nd General Assembly
HB5574ham001 102ND GENERAL ASSEMBLY | Rep. Denyse Wang Stoneback Filed: 3/1/2022
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| 1 | | AMENDMENT TO HOUSE BILL 5574
| 2 | | AMENDMENT NO. ______. Amend House Bill 5574 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Workplace Transparency Act is amended by | 5 | | changing Sections 1-15 and 1-30 as follows: | 6 | | (820 ILCS 96/1-15)
| 7 | | Sec. 1-15. Definitions. As used in this Act: | 8 | | "Confidentiality provision" means a provision in an | 9 | | agreement which has the purpose or effect of concealing the | 10 | | details relating to a claim of discrimination, retaliation, | 11 | | harassment, sexual harassment, or sexual assault brought by | 12 | | the employee subject to the agreement. | 13 | | "Employee" has the same meaning as set forth in Section | 14 | | 2-101 of the Illinois Human Rights Act. "Employee" includes | 15 | | "nonemployees" as defined in Section 2-102 of the Illinois | 16 | | Human Rights Act. |
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| 1 | | "Employer" has the same meaning as set forth in Section | 2 | | 2-101 of the Illinois Human Rights Act. | 3 | | "Mutual condition of employment or continued employment" | 4 | | means any contract, agreement, clause, covenant, or waiver | 5 | | negotiated between an employer and an employee or prospective | 6 | | employee in good faith for consideration in order to obtain or | 7 | | retain employment. | 8 | | "Prospective employee" means a person seeking to enter an | 9 | | employment contract with an employer. | 10 | | "Settlement agreement" means an agreement, contract, or | 11 | | clause within an agreement or contract entered into between an | 12 | | employee, prospective employee, or former employee and an | 13 | | employer to resolve a dispute or legal claim between the | 14 | | parties that arose or accrued before the settlement agreement | 15 | | was executed. | 16 | | "Termination agreement" means a contract or agreement | 17 | | between an employee and an employer terminating the employment | 18 | | relationship. | 19 | | "Unlawful employment practice" means any form of unlawful | 20 | | discrimination, harassment, sexual harassment, or retaliation | 21 | | that is actionable under Article 2 of the Illinois Human | 22 | | Rights Act, Title VII of the Civil Rights Act of 1964, or any | 23 | | other related State or federal rule or law that is enforced by | 24 | | the Illinois Department of Human Rights or the Equal | 25 | | Employment Opportunity Commission. | 26 | | "Unilateral condition of employment or continued |
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| 1 | | employment" means any contract, agreement, clause, covenant, | 2 | | or waiver an employer requires an employee or prospective | 3 | | employee to accept as a non-negotiable material term in order | 4 | | to obtain or retain employment.
| 5 | | (Source: P.A. 101-221, eff. 1-1-20 .) | 6 | | (820 ILCS 96/1-30)
| 7 | | Sec. 1-30. Settlement or termination agreements. | 8 | | (a) An employer may not require a prospective, current, or | 9 | | former employee to sign a confidentiality provision of a | 10 | | settlement agreement or termination agreement relating to a | 11 | | claim of discrimination, retaliation, harassment, sexual | 12 | | harassment, or sexual assault in the workplace brought by the | 13 | | employee or prevent the employee from disclosing a claim of | 14 | | discrimination, retaliation, harassment, sexual harassment, or | 15 | | sexual assault occurring in the workplace or at a work-related | 16 | | event coordinated by or through the employer. | 17 | | (a-5) This Section does not prohibit a settlement | 18 | | agreement or termination agreement relating to a claim | 19 | | alleging discrimination, retaliation, harassment, sexual | 20 | | harassment, or sexual assault in the workplace between an | 21 | | employer and an employee or former employee from containing | 22 | | confidentiality provisions as provided in this subsection. A | 23 | | confidentiality provision is permissible when: | 24 | | (1) it relates to the monetary amount of a settlement; | 25 | | or |
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| 1 | | (2) at the employee's request, it prohibits disclosure | 2 | | of facts that could lead to the identification of the | 3 | | employee. | 4 | | If the employee publicly reveals sufficient details of the | 5 | | claim so that the employer is reasonably identifiable, then | 6 | | the confidentiality provision shall also be unenforceable | 7 | | against the employer. | 8 | | Every settlement agreement or termination agreement | 9 | | resolving a discrimination, retaliation, harassment, sexual | 10 | | harassment, or sexual assault claim by an employee against an | 11 | | employer shall include a bold, prominently placed notice that | 12 | | although the parties may have agreed to keep the settlement | 13 | | and underlying facts confidential, such a provision in an | 14 | | agreement is unenforceable against the employer if the | 15 | | employee publicly reveals sufficient details of the claim so | 16 | | that the employer is reasonably identifiable. | 17 | | (a-10) An employee, prospective employee, or former | 18 | | employee and an employer may enter into a valid and | 19 | | enforceable settlement or termination agreement that includes | 20 | | promises of confidentiality related to the monetary amount of | 21 | | the settlement or facts that could lead to the identification | 22 | | of the employee as described in subsection (a-5) alleged | 23 | | unlawful employment practices , so long as: | 24 | | (1) confidentiality is the documented preference of | 25 | | the employee, prospective employee, or former employee and | 26 | | is mutually beneficial to both parties ; |
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| 1 | | (2) the employer notifies the employee, prospective | 2 | | employee, or former employee, in writing, of his or her | 3 | | right to have an attorney or representative of his or her | 4 | | choice review the settlement or termination agreement | 5 | | before it is executed; | 6 | | (3) there is valid, bargained for consideration in | 7 | | exchange for the confidentiality; | 8 | | (4) the settlement or termination agreement does not | 9 | | waive any claims of unlawful employment practices that | 10 | | accrue after the date of execution of the settlement or | 11 | | termination agreement; | 12 | | (5) the settlement or termination agreement is | 13 | | provided, in writing, to the parties to the prospective | 14 | | agreement and the employee, prospective employee, or | 15 | | former employee is given a period of 21 calendar days to | 16 | | consider the agreement before execution, during which the | 17 | | employee, prospective employee, or former employee may | 18 | | sign the agreement at any time, knowingly and voluntarily | 19 | | waiving any further time for consideration; and | 20 | | (6) unless knowingly and voluntarily waived by the | 21 | | employee, prospective employee, or former employee, he or | 22 | | she has 7 calendar days following the execution of the | 23 | | agreement to revoke the agreement and the agreement is not | 24 | | effective or enforceable until the revocation period has | 25 | | expired. | 26 | | (b) An employer may not unilaterally include any clause in |
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| 1 | | a settlement or termination agreement that prohibits the | 2 | | employee, prospective employee, or former employee from making | 3 | | truthful statements or disclosures regarding unlawful | 4 | | employment practices. | 5 | | (c) Failure to comply with the provisions of this Section | 6 | | shall render any promise of confidentiality related to alleged | 7 | | unlawful employment practices against public policy void and | 8 | | severable from an otherwise valid and enforceable agreement. | 9 | | (d) Nothing in this Section shall be construed to prevent | 10 | | a mutually agreed upon settlement or termination agreement | 11 | | from waiving or releasing the employee, prospective employee, | 12 | | or former employee's right to seek or obtain any remedies | 13 | | relating to an unlawful employment practice claim that | 14 | | occurred before the date on which the agreement is executed.
| 15 | | (e) The provisions of this amendatory Act of the 102nd | 16 | | General Assembly apply to agreements entered into on or after | 17 | | the effective date of this amendatory Act of the 102nd General | 18 | | Assembly. | 19 | | (Source: P.A. 101-221, eff. 1-1-20 .)
| 20 | | Section 99. Effective date. This Act takes effect January | 21 | | 1, 2023.".
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