On August 9, 2019, Illinois Governor Pritzker signed the
Workplace Transparency Act (the "Act") into law. The Act
will apply to all contracts, agreements, clauses, or waivers
entered into, modified, or extended on or after January 1, 2020.
Here are the key features with respect to arbitration agreements,
employment agreements and separation agreements that Illinois
employers should be aware of:
- The Act applies to contracts
entered into with employees and non-employees (defined to
include individuals who are directly performing services for the
employer pursuant to a contract, including contractors and
consultants).
- Employers may no longer
unilaterally require arbitration of any claim arising under any law
enforced by the Equal Employment Opportunity Commission
("EEOC") or the Illinois Department of Human
Rights ("IDHR"). This includes claims under
Title VII of the Civil Rights Act of 1964, the Age Discrimination
in Employment Act, Americans with