Bill Text: IL SB0030 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Creates the Workplace Transparency Act. Provides that employers shall not require an employee or prospective employee to sign a nondisclosure agreement that contains any provision that has the purpose or effect of: limiting the disclosure of sexual misconduct, retaliation, or unlawful discrimination; suppressing information relevant to an investigation into a claim of sexual misconduct, retaliation, or unlawful discrimination; impairing the ability of any person to report a claim of sexual misconduct, retaliation, or unlawful discrimination; or waiving a substantive or procedural right or remedy of any person relating to a claim of sexual misconduct, retaliation, or unlawful discrimination. Provides that any such provision is void as against public policy and unenforceable, and that agreements that contain such provisions and were entered into before the effective date of the Act are voidable by a party who entered into the agreement under specified circumstances.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB0030 Detail]

Download: Illinois-2019-SB0030-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB0030 Introduced 1/10/2019, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED:
New Act
Creates the Workplace Transparency Act. Provides that employers shall not require an employee or prospective employee to sign a nondisclosure agreement that contains any provision that has the purpose or effect of: limiting the disclosure of sexual misconduct, retaliation, or unlawful discrimination; suppressing information relevant to an investigation into a claim of sexual misconduct, retaliation, or unlawful discrimination; impairing the ability of any person to report a claim of sexual misconduct, retaliation, or unlawful discrimination; or waiving a substantive or procedural right or remedy of any person relating to a claim of sexual misconduct, retaliation, or unlawful discrimination. Provides that any such provision is void as against public policy and unenforceable, and that agreements that contain such provisions and were entered into before the effective date of the Act are voidable by a party who entered into the agreement under specified circumstances.
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A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Workplace Transparency Act.
Section 5. Findings and purpose. Over one-third of the US
workforce is bound to their company by a nondisclosure
agreement. Nondisclosure agreements can force employees to be
silent about sexual misconduct, retaliation, and unlawful
discrimination. Nondisclosure agreements most often contain a
provision that waives a substantive or procedural right or
remedy related to claims of sexual harassment, retaliation, or
unlawful discrimination. It is therefore the intent of the
General Assembly to narrow the application of nondisclosure
agreements and render unenforceable boilerplate language that
places resolution of sexual harassment, retaliation, or
unlawful discrimination claims with private arbiters.
Section 10. Definitions.
"Sexual harassment" has the same meaning as set forth in
Section 2-101 of the Illinois Human Rights Act.
"Employee" has the same meaning as set forth in Section
2-101 of the Illinois Human Rights Act.

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"Employer" has the same meaning as set forth in Section
2-101 of the Illinois Human Rights Act.
"Unlawful discrimination" has the same meaning as set forth
in Section 1-103 of the Illinois Human Rights Act.
Section 15. Prohibited agreements.
(a) An employer shall not require an employee or
prospective employee, as a condition of employment or continued
employment, to execute or renew a nondisclosure agreement,
waiver, or other document that:
(1) prohibits or attempts to prohibit the disclosure of
claimed sexual misconduct, retaliation, or unlawful
discrimination;
(2) suppresses or attempts to suppress information
relevant to an investigation into a claim of sexual
misconduct, retaliation, or unlawful discrimination;
(3) impairs or attempts to impair the ability of any
person to report a claim of sexual misconduct, retaliation,
or unlawful discrimination to an appropriate person; or
(4) purports or attempts to waive a substantive or
procedural right or remedy of any person relating to a
claim of sexual misconduct, retaliation, or unlawful
discrimination.
(b) Any such provision described in subsection (a) of this
Section is void as against public policy and unenforceable.
(c) This Section does not prohibit a settlement agreement,

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entered into between an employer and employee or former
employee claiming sexual harassment, retaliation, or unlawful
discrimination, from containing confidentiality provisions as
agreed to between the parties.
(d) An agreement, contract, settlement, or similar
instrument containing a provision contrary to this Section that
was entered into on or before the effective date of this Act is
voidable by a party who entered into it under any of the
following circumstances:
(1) while under duress in the execution of the
agreement, contract, settlement, or similar instrument;
(2) while incompetent or impaired at the time of
execution of the agreement, contract, settlement, or
similar instrument; or
(3) while a minor at the time of execution of the
agreement, contract, settlement, or similar instrument,
regardless of whether the person was represented at the
time by counsel, a guardian, or a parent.