Our
June 2019 article "discussed four new bills targeting
equity, transparency, and discrimination, including the Workplace Transparency Act (WTA), which was
awaiting the signature of Governor J.B. Pritzker. As expected,
Governor Pritzker signed Senate Bill 75—a sweeping piece of
legislation that places new restrictions on Illinois employers and
is designed to prevent harassment and discrimination in the
workplace.
Below is a summary of the new restrictions, most of which go
into effect on January 1, 2020 (unless otherwise noted).
Nondisclosure and/or
Nondisparagement Clauses
Under the WTA, employers are generally prohibited from entering
into employment agreements that contain nondisclosure and/or
nondisparagement clauses pertaining to harassment or discrimination
claims. However, employers may include a nondisclosure and/or
nondisparagement clause in a separation or settlement agreement if,
and only if:
