illinois workpLACE transparency act - summary*
Effective January 1, 2020
The Illinois legislature proposed, and Governor Pritzker signed into law the Illinois Workplace Transparency Act. The act changed the Illinois Human Rights Act (IHRA) and added the following provisions which impact employers and employees:
Changes to the Illinois Human Rights Act (IHRA)
*Requires annual sexual harassment prevention training for all employees and for new employees within 90 days of employment.
*Requires annual disclosures to the Illinois Department of Human Rights of judgments or administrative rulings against employers during the prior calendar year.
*Expands the prohibition against harassment and discrimination to include “perceived” protected characteristics in addition to actual characteristics.
* Extends protection from harassment to contractors and consultants.
* Expands “working environment” beyond the physical workplace so harassment can include conduct that happens outside the office.
Workplace Transparency Act Provisions:
*Significantly restricts employers’ use of nondisclosure and nondisparagement provisions in employment contracts, separation and settlement agreements, and other negotiated agreements. Confidentiality provisions must be bilateral, bargained for and in writing, and the employee must have time to review and agree with them.
*Limits an employer’s ability to include arbitration, waiver or confidentiality provisions as a condition of employment in unilateral contracts or employment policies.
Covered Employers,
Effective July 1, 2020
all employers with one or more employee must comply with the IHRA. The previous employer size threshold to be covered was 15 employees.
Penalties
Employers who fail to provide the required annual sexual harassment training are subject to civil penalties of $500 to $5,000.
*This is a summary of the stated provisions and is not intended, nor should it be construed as a legal interpretation or legal advice.
