Illinois General Assembly - Full Text of HB5574
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Full Text of HB5574  102nd General Assembly

HB5574ham001 102ND GENERAL ASSEMBLY

Rep. Denyse Wang Stoneback

Filed: 3/1/2022

 

 


 

 


 
10200HB5574ham001LRB102 25102 SPS 37060 a

1
AMENDMENT TO HOUSE BILL 5574

2    AMENDMENT NO. ______. Amend House Bill 5574 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Workplace Transparency Act is amended by
5changing 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
9agreement which has the purpose or effect of concealing the
10details relating to a claim of discrimination, retaliation,
11harassment, sexual harassment, or sexual assault brought by
12the employee subject to the agreement.
13    "Employee" has the same meaning as set forth in Section
142-101 of the Illinois Human Rights Act. "Employee" includes
15"nonemployees" as defined in Section 2-102 of the Illinois
16Human Rights Act.

 

 

10200HB5574ham001- 2 -LRB102 25102 SPS 37060 a

1    "Employer" has the same meaning as set forth in Section
22-101 of the Illinois Human Rights Act.
3    "Mutual condition of employment or continued employment"
4means any contract, agreement, clause, covenant, or waiver
5negotiated between an employer and an employee or prospective
6employee in good faith for consideration in order to obtain or
7retain employment.
8    "Prospective employee" means a person seeking to enter an
9employment contract with an employer.
10    "Settlement agreement" means an agreement, contract, or
11clause within an agreement or contract entered into between an
12employee, prospective employee, or former employee and an
13employer to resolve a dispute or legal claim between the
14parties that arose or accrued before the settlement agreement
15was executed.
16    "Termination agreement" means a contract or agreement
17between an employee and an employer terminating the employment
18relationship.
19    "Unlawful employment practice" means any form of unlawful
20discrimination, harassment, sexual harassment, or retaliation
21that is actionable under Article 2 of the Illinois Human
22Rights Act, Title VII of the Civil Rights Act of 1964, or any
23other related State or federal rule or law that is enforced by
24the Illinois Department of Human Rights or the Equal
25Employment Opportunity Commission.
26    "Unilateral condition of employment or continued

 

 

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1employment" means any contract, agreement, clause, covenant,
2or waiver an employer requires an employee or prospective
3employee to accept as a non-negotiable material term in order
4to 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
9former employee to sign a confidentiality provision of a
10settlement agreement or termination agreement relating to a
11claim of discrimination, retaliation, harassment, sexual
12harassment, or sexual assault in the workplace brought by the
13employee or prevent the employee from disclosing a claim of
14discrimination, retaliation, harassment, sexual harassment, or
15sexual assault occurring in the workplace or at a work-related
16event coordinated by or through the employer.
17    (a-5) This Section does not prohibit a settlement
18agreement or termination agreement relating to a claim
19alleging discrimination, retaliation, harassment, sexual
20harassment, or sexual assault in the workplace between an
21employer and an employee or former employee from containing
22confidentiality provisions as provided in this subsection. A
23confidentiality 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
5claim so that the employer is reasonably identifiable, then
6the confidentiality provision shall also be unenforceable
7against the employer.
8    Every settlement agreement or termination agreement
9resolving a discrimination, retaliation, harassment, sexual
10harassment, or sexual assault claim by an employee against an
11employer shall include a bold, prominently placed notice that
12although the parties may have agreed to keep the settlement
13and underlying facts confidential, such a provision in an
14agreement is unenforceable against the employer if the
15employee publicly reveals sufficient details of the claim so
16that the employer is reasonably identifiable.
17    (a-10) An employee, prospective employee, or former
18employee and an employer may enter into a valid and
19enforceable settlement or termination agreement that includes
20promises of confidentiality related to the monetary amount of
21the settlement or facts that could lead to the identification
22of the employee as described in subsection (a-5) alleged
23unlawful 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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1a settlement or termination agreement that prohibits the
2employee, prospective employee, or former employee from making
3truthful statements or disclosures regarding unlawful
4employment practices.
5    (c) Failure to comply with the provisions of this Section
6shall render any promise of confidentiality related to alleged
7unlawful employment practices against public policy void and
8severable from an otherwise valid and enforceable agreement.
9    (d) Nothing in this Section shall be construed to prevent
10a mutually agreed upon settlement or termination agreement
11from waiving or releasing the employee, prospective employee,
12or former employee's right to seek or obtain any remedies
13relating to an unlawful employment practice claim that
14occurred before the date on which the agreement is executed.
15    (e) The provisions of this amendatory Act of the 102nd
16General Assembly apply to agreements entered into on or after
17the effective date of this amendatory Act of the 102nd General
18Assembly.
19(Source: P.A. 101-221, eff. 1-1-20.)
 
20    Section 99. Effective date. This Act takes effect January
211, 2023.".