In response to the #MeToo movement, Illinois has enacted the
Workplace Transparency Act ("WTA") to increase employee
protections from both harassment and discrimination. The WTA, set
to take effect on January 1, 2020, impacts employment-related
agreements, amends the Illinois Human Rights Act (IHRA), and
creates certain industry specific requirements.
The WTA impacts employment agreements by creating prohibitions
on arbitration and confidentiality clauses in an employee's
contract in regard to any form of harassment claims. Specifically,
it prohibits unilateral agreements between an employer and employee
where the agreement bars the employee's ability to disclose
unlawful employment practices, or where it requires the employee to
arbitrate any claim concerning unlawful employment practices.
Employees may still be able to consent to such
confidentiality and arbitration clauses, however, so long as
specific statutory requirements are met, such as the presence
