Amends the Workplace Transparency Act. Provides that no contract, agreement, clause, covenant, waiver, or other document shall prohibit, prevent, or otherwise restrict an employee, prospective employee, or former employee from engaging in concerted activities to address work-related issues. Provides that any agreement, clause, covenant, or waiver that is a mutual condition of employment or continued employment may include provisions that would otherwise be against public policy if it acknowledges the right of the employee or prospective employee to engage in concerted activities to address work-related issues. Provides that 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 alleged unlawful employment practices if the confidentiality provision expires no later than 5 years after the alleged unlawful employment practices occurred. Provides for the recovery of consequential damages incurred in challenging a contract for violation of the Act. Makes other changes.
House Committee Amendment No. 1: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Changes references from "concerted activities" to "concerted activity". Provides that an employee or former employee and an employer may enter into a valid and enforceable settlement or termination agreement that prevents the employee or former employee from working or from applying to work for the employer in the future if the provision expires within 7 years (rather than if the provision expires 7 years after the settlement or termination agreement is executed). Makes other changes.
Senate Committee Amendment No. 1: Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Provides that 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 alleged unlawful employment practices if, in addition to other specified conditions, any promises of confidentiality by the employee, prospective employee, or former employee expire within 5 years fro m the date that the employee, prospective employee, or former employee disclosed the alleged unlawful employment practice that is the subject of confidentiality.
Senate Floor Amendment No. 2: Removes a provision concerning settlement or termination agreements related to alleged unlawful employment practices. Removes a requirement that settlement or termination agreements that prevent an employee or former employee from working or from applying to work for an employer in the future must expire within 7 years. Replaces references to "consequential damages" with references to "compensatory damages". Defines "concerted activity".
Statutes affected: Introduced: 820 ILCS 96/1
Engrossed: 820 ILCS 96/1
Enrolled: 820 ILCS 96/1