Amendments to the Illinois Workplace Transparency Act
Concerted activity protection: Voids any agreements that restrict current, former, or prospective employees from engaging in protected concerted activity to address work-related issues.
Unlawful employment practices expansion: Broadens the definition of “unlawful employment practices” to include any unlawful practice actionable under any state or federal law governing employment, including those enforced by state and/or federal agencies.
Prohibited unilateral provisions: Voids clauses that unilaterally 1) shorten the applicable statute of limitations for a claim; 2) apply non-Illinois law to an Illinois employee’s claim; or 3) require out-of-state venues for Illinois employees.
Separate consideration for confidentiality clauses in settlement or termination agreements: Mandates that any settlement or termination agreements that include promises of confidentiality related to alleged unlawful employment practices, other than future or prospective concerted activity related to workplace conditions, must now be supported by consideration that is “separate from any consideration that is provided in exchange for a release of claims.”
Right to testify clarified: Clarifies that the right to testify in any proceeding concerning alleged criminal conduct or alleged unlawful employment practices also includes arbitral proceedings, as well as depositions taken in connection with any of the proceedings, pursuant to a court order, subpoena, or written request from an administrative agency or the legislature.
Expanded remedies: Permits employees, prospective employees and former employees to recover consequential damages, in addition to reasonable attorneys’ fees and costs when they successfully challenge the validity and enforceability of an employment-related agreement implicating the Illinois Workers Transparency Act (IWTA) or in defending an action for breach of a confidentiality agreement under the IWTA.
Photo by Ricky Esquivel