Bill Text: IL HB3206 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. In the Part concerning settlement of claims, provides that an employer may not require an employee or prospective employee to execute a nondisclosure agreement, waiver, or other document that prohibits or attempts to prohibit an employee from disclosing or reporting allegations of sexual harassment, discrimination, or retaliation or the factual foundation of such an allegation. Provides that any nondisclosure agreement, waiver, or other document that: has the purpose or effect of prohibiting an employee from disclosing or reporting allegations of sexual harassment, discrimination, or retaliation or the factual foundation of such allegation; or purports or attempts to waive a substantive or procedural right or remedy under State or federal law arising out of the factual foundation providing the basis for a sexual harassment, discrimination, or retaliation claim is void and unenforceable. Defines terms. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3206 Detail]

Download: Illinois-2019-HB3206-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3206 Introduced , by Rep. Aaron M. Ortiz SYNOPSIS AS INTRODUCED:
735 ILCS 5/2-2302 new
Amends the Code of Civil Procedure. In the Part concerning settlement of claims, provides that an employer may not require an employee or prospective employee to execute a nondisclosure agreement, waiver, or other document that prohibits or attempts to prohibit an employee from disclosing or reporting allegations of sexual harassment, discrimination, or retaliation or the factual foundation of such an allegation. Provides that any nondisclosure agreement, waiver, or other document that: has the purpose or effect of prohibiting an employee from disclosing or reporting allegations of sexual harassment, discrimination, or retaliation or the factual foundation of such allegation; or purports or attempts to waive a substantive or procedural right or remedy under State or federal law arising out of the factual foundation providing the basis for a sexual harassment, discrimination, or retaliation claim is void and unenforceable. Defines terms. Effective immediately.
LRB101 10024 LNS 55126 b
A BILL FOR
HB3206 LRB101 10024 LNS 55126 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by adding
Section 2-2302 as follows:
(735 ILCS 5/2-2302 new)
Sec. 2-2302. Nondisclosure agreements. Notwithstanding any
other law to the contrary, an employer may not require an
employee or prospective employee to execute a nondisclosure
agreement, waiver, or other document that prohibits or attempts
to prohibit an employee from disclosing or reporting an
allegation of sexual harassment, discrimination, or
retaliation, or the factual foundation of such an allegation.
Any nondisclosure agreement, waiver, or other document
that has the purpose or effect of prohibiting an employee from
disclosing or reporting an allegation of sexual harassment,
discrimination, or retaliation, or the factual foundation of
such an allegation, is void and unenforceable.
Any nondisclosure agreement, waiver, or other document
that purports or attempts to waive a substantive or procedural
right or remedy under State or federal law arising out of the
factual foundation providing the basis for a sexual harassment,
discrimination, or retaliation, claim is void and

HB3206 - 2 - LRB101 10024 LNS 55126 b
unenforceable.
As used in this Section, the following terms have the
following meanings:
"Discrimination" means for any employer to refuse to
hire, to segregate, or to act with respect to recruitment,
hiring, promotion, renewal of employment, selection for
training or apprenticeship, discharge, discipline, tenure
or terms, or privileges or conditions of employment on the
basis of unlawful discrimination or citizenship status.
"Employee" has the same meaning as set forth in
subsection (A) of Section 2-101 of the Illinois Human
Rights Act.
"Employer" has the same meaning as set forth in
subsection (B) of Section 2-101 of the Illinois Human
Rights Act.
"Retaliation" has the same meaning as set forth in
subsection (A) of Section 6-101 of the Illinois Human
Rights Act.
"Sexual harassment" has the same meaning as set forth
in subsection (E) of Section 2-101 of the Illinois Human
Rights Act.
Section 99. Effective date. This Act takes effect upon
becoming law.