Bill Amendment: IL HB5574 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SEXUAL HARASSMENT-SETTLEMENT

Status: 2022-03-04 - Rule 19(a) / Re-referred to Rules Committee [HB5574 Detail]

Download: Illinois-2021-HB5574-House_Amendment_001.html

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Rep. Denyse Wang Stoneback

Filed: 3/1/2022

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AMENDMENT TO HOUSE BILL 5574
AMENDMENT NO. ______. Amend House Bill 5574 by replacing
everything after the enacting clause with the following:
"Section 5. The Workplace Transparency Act is amended by
changing Sections 1-15 and 1-30 as follows:
(820 ILCS 96/1-15)
Sec. 1-15. Definitions. As used in this Act:
"Confidentiality provision" means a provision in an
agreement which has the purpose or effect of concealing the
details relating to a claim of discrimination, retaliation,
harassment, sexual harassment, or sexual assault brought by
the employee subject to the agreement.
"Employee" has the same meaning as set forth in Section
2-101 of the Illinois Human Rights Act. "Employee" includes
"nonemployees" as defined in Section 2-102 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.
"Mutual condition of employment or continued employment"
means any contract, agreement, clause, covenant, or waiver
negotiated between an employer and an employee or prospective
employee in good faith for consideration in order to obtain or
retain employment.
"Prospective employee" means a person seeking to enter an
employment contract with an employer.
"Settlement agreement" means an agreement, contract, or
clause within an agreement or contract entered into between an
employee, prospective employee, or former employee and an
employer to resolve a dispute or legal claim between the
parties that arose or accrued before the settlement agreement
was executed.
"Termination agreement" means a contract or agreement
between an employee and an employer terminating the employment
relationship.
"Unlawful employment practice" means any form of unlawful
discrimination, harassment, sexual harassment, or retaliation
that is actionable under Article 2 of the Illinois Human
Rights Act, Title VII of the Civil Rights Act of 1964, or any
other related State or federal rule or law that is enforced by
the Illinois Department of Human Rights or the Equal
Employment Opportunity Commission.
"Unilateral condition of employment or continued

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employment" means any contract, agreement, clause, covenant,
or waiver an employer requires an employee or prospective
employee to accept as a non-negotiable material term in order
to obtain or retain employment.
(Source: P.A. 101-221, eff. 1-1-20.)
(820 ILCS 96/1-30)
Sec. 1-30. Settlement or termination agreements.
(a) An employer may not require a prospective, current, or
former employee to sign a confidentiality provision of a
settlement agreement or termination agreement relating to a
claim of discrimination, retaliation, harassment, sexual
harassment, or sexual assault in the workplace brought by the
employee or prevent the employee from disclosing a claim of
discrimination, retaliation, harassment, sexual harassment, or
sexual assault occurring in the workplace or at a work-related
event coordinated by or through the employer.
(a-5) This Section does not prohibit a settlement
agreement or termination agreement relating to a claim
alleging discrimination, retaliation, harassment, sexual
harassment, or sexual assault in the workplace between an
employer and an employee or former employee from containing
confidentiality provisions as provided in this subsection. A
confidentiality provision is permissible when:
(1) it relates to the monetary amount of a settlement;
or

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(2) at the employee's request, it prohibits disclosure
of facts that could lead to the identification of the
employee.
If the employee publicly reveals sufficient details of the
claim so that the employer is reasonably identifiable, then
the confidentiality provision shall also be unenforceable
against the employer.
Every settlement agreement or termination agreement
resolving a discrimination, retaliation, harassment, sexual
harassment, or sexual assault claim by an employee against an
employer shall include a bold, prominently placed notice that
although the parties may have agreed to keep the settlement
and underlying facts confidential, such a provision in an
agreement is unenforceable against the employer if the
employee publicly reveals sufficient details of the claim so
that the employer is reasonably identifiable.
(a-10) An employee, prospective employee, or former
employee and an employer may enter into a valid and
enforceable settlement or termination agreement that includes
promises of confidentiality related to the monetary amount of
the settlement or facts that could lead to the identification
of the employee as described in subsection (a-5) alleged
unlawful employment practices, so long as:
(1) confidentiality is the documented preference of
the employee, prospective employee, or former employee and
is mutually beneficial to both parties;

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(2) the employer notifies the employee, prospective
employee, or former employee, in writing, of his or her
right to have an attorney or representative of his or her
choice review the settlement or termination agreement
before it is executed;
(3) there is valid, bargained for consideration in
exchange for the confidentiality;
(4) the settlement or termination agreement does not
waive any claims of unlawful employment practices that
accrue after the date of execution of the settlement or
termination agreement;
(5) the settlement or termination agreement is
provided, in writing, to the parties to the prospective
agreement and the employee, prospective employee, or
former employee is given a period of 21 calendar days to
consider the agreement before execution, during which the
employee, prospective employee, or former employee may
sign the agreement at any time, knowingly and voluntarily
waiving any further time for consideration; and
(6) unless knowingly and voluntarily waived by the
employee, prospective employee, or former employee, he or
she has 7 calendar days following the execution of the
agreement to revoke the agreement and the agreement is not
effective or enforceable until the revocation period has
expired.
(b) An employer may not unilaterally include any clause in

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a settlement or termination agreement that prohibits the
employee, prospective employee, or former employee from making
truthful statements or disclosures regarding unlawful
employment practices.
(c) Failure to comply with the provisions of this Section
shall render any promise of confidentiality related to alleged
unlawful employment practices against public policy void and
severable from an otherwise valid and enforceable agreement.
(d) Nothing in this Section shall be construed to prevent
a mutually agreed upon settlement or termination agreement
from waiving or releasing the employee, prospective employee,
or former employee's right to seek or obtain any remedies
relating to an unlawful employment practice claim that
occurred before the date on which the agreement is executed.
(e) The provisions of this amendatory Act of the 102nd
General Assembly apply to agreements entered into on or after
the effective date of this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 101-221, eff. 1-1-20.)
Section 99. Effective date. This Act takes effect January
1, 2023.".