Bill Text: IL SB1829 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Code of Civil Procedure. Makes a technical change in the short title Section.

Spectrum: Partisan Bill (Democrat 69-3)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1829 Detail]

Download: Illinois-2019-SB1829-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1829 Introduced 2/15/2019, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED:
See Index
Creates the Workplace Transparency Act. Provides that an employer shall not enter into a contract or agreement with an employee or applicant if that contract or agreement contains a nondisclosure or nondisparagement clause or forced arbitration clause that covers workplace harassment or discrimination, including sexual harassment or retaliation for reporting, resisting, opposing, or assisting in the investigation of workplace harassment or discrimination. Makes corresponding changes in the Uniform Arbitration Act, the Illinois Human Rights Act, and the Illinois Freedom to Work Act. Changes the definition of "sexual harassment" in the State Officials and Employees Ethics Act and the Lobbyist Registration Act. Amends the Code of Civil Procedure. Provides that no court shall enter an order or judgment that has the purpose or effect of concealing a public hazard or any information concerning a public hazard, nor shall the court enter an order or judgment that has the purpose or effect of concealing any information that may be useful to members of the public in protecting themselves from injury that may result from the public hazard. Further amends the Illinois Human Rights Act. Requires the Department of Human Rights to adopt a model sexual harassment prevention training program and provides that all employers shall use the model or establish a training program that equals or exceeds the minimum standards provided by the model. Makes other changes concerning: definitions; procedures following an employer's failure to post required notices; and employer disclosure requirements. Amends the Victims' Economic Security and Safety Act. Makes the Act applicable in instances of sexual harassment. Provides that a civil action may be brought to enforce the Act without first filing an administrative complaint. Makes other changes concerning definitions and documentation. Effective immediately.
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A BILL FOR
SB1829 LRB101 10761 LNS 55883 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Article 1.
Section 1-1. Short title. This Article may be cited as the
Workplace Transparency Act. References in this Article to "this
Act" mean this Article.
Section 1-5. Definitions. As used in this Act:
"Applicant" means an applicant for employment as an
employee.
"Doing business with this State" means an entity or any of
its subsidiaries or parent entities receiving State funds
exceeding $100,000 in exchange for goods or services provided
to the State or a third party. "Doing business with this State"
includes, but is not limited to, persons or entities performing
public work on State contracts, merchants of goods and services
purchased by the State, and persons or entities providing
services to third parties in exchange for funds provided
directly by the State.
"Employee" has the same meaning as set forth in Section
2-101 of the Illinois Human Rights Act.
"Employer" has the same meaning as set forth in Section

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2-101 of the Illinois Human Rights Act.
"Forced arbitration clause" means a provision in a contract
or agreement requiring that disputes between the parties to the
contract or agreement are subjected to a binding dispute
resolution procedure separate from federal or State judicial or
administrative process, including contracts or agreements that
either contain or do not provide the right to opt out of the
agreement at a later date.
"Nondisclosure clause" means a provision in a contract or
agreement establishing that the parties to the contract or
agreement agree not to disclose information covered by the
terms and conditions of the contract or agreement.
"Nondisparagement clause" means a provision in a contract
or agreement requiring one or more parties to the contract or
agreement not to make negative statements about the other.
"Sexual harassment" has the same meaning as set forth in
Section 2-101 of the Illinois Human Rights Act.
Section 1-10. Prohibitions.
(a) An employer may not enter into a contract or agreement
with an employee or applicant, as a condition of employment,
promotion, compensation, benefits, or change in employment
status or contractual relationship, or as a term, condition, or
privilege of employment, if that contract or agreement contains
a nondisclosure or nondisparagement clause that covers
workplace harassment or discrimination, including sexual

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harassment or retaliation for reporting, resisting, opposing,
or assisting in the investigation of workplace harassment or
discrimination. Any such nondisclosure or nondisparagement
clause is severable, and all other provisions of the employment
contract shall remain in effect.
(b) Notwithstanding any other provision of law, an employer
may not enforce or attempt to enforce a nondisparagement clause
or nondisclosure clause described in subsection (a).
(c) Except where inconsistent with federal law, an employer
may not enter into a contract or agreement with an employee or
applicant, as a condition of employment, promotion,
compensation, benefits, or change in employment status or
contractual relationship, or as a term, condition, or privilege
of employment, if that contract or agreement contains a forced
arbitration clause that covers workplace harassment or
discrimination, including sexual harassment or retaliation for
reporting, resisting, opposing, or assisting in the
investigation of workplace harassment or discrimination. Any
such forced arbitration clause is severable, and all other
provisions of the employment contract shall remain in effect.
(d) Any forced arbitration clause in an employment contract
is invalid, unenforceable, and void if the enforceability of
the forced arbitration clause is governed by State law. A
forced arbitration clause that is part of any written contract
of employment of seamen, railroad employees, or any other class
of workers engaged in foreign or interstate commerce or

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otherwise exempted from the Federal Arbitration Act is
unenforceable and void. Any such forced arbitration clause is
severable, and all other provisions of the employment contract
shall remain in effect.
(e) Except where inconsistent with federal law, an employer
may not enforce or attempt to enforce a forced arbitration
clause described in subsections (c) and (d).
Section 1-15. Voidable agreements. A contract or agreement
containing a provision contrary to this Act that was entered
into on or before the effective date of this Act shall be
voidable by a party who entered into it under any of the
following circumstances:
(1) while under duress in the execution of the contract or
agreement;
(2) while incompetent or impaired at the time of execution
of the contract or agreement; or
(3) while a minor at the time of execution of the contract
or agreement, regardless of whether the person was represented
at the time by counsel, a guardian, or a parent.
Section 1-20. Unconscionable terms.
(a) There is a rebuttable presumption that the following
contractual terms are unconscionable if they are included in an
employment contract or agreement and the employee or applicant
does not draft the contract or agreement:

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(1) A requirement that resolution of legal claims take
place in an inconvenient venue. As used in this paragraph,
"inconvenient venue" means: (i) for State law claims, a
place other than the county in which the employee or
applicant resides or the contract was consummated; and (ii)
for federal law claims, a place other than the federal
judicial district in which the employee or applicant
resides or the contract was consummated.
(2) A waiver of the employee or applicant's right to
assert claims or seek remedies provided by State or federal
statute.
(3) A waiver of the employee or applicant's right to
seek punitive damages as provided by law.
(4) A provision limiting the time that an employee or
applicant may bring an action to a period shorter than the
applicable statute of limitations.
(5) A requirement that the employee or applicant pay
fees and costs to bring a legal claim substantially in
excess of the fees and costs that State or federal courts
require to bring a claim.
(b) An employer may not include one of the presumptively
unconscionable terms identified in subsection (a) in an
employment contract or agreement if the employee or applicant
does not draft the contract.
Section 1-25. Settlement or separation agreements.

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(a) This Act does not apply to a nondisclosure clause or
nondisparagement clause contained in a settlement agreement or
separation agreement that resolves legal claims or disputes if:
(1) the legal claims accrued or the disputes arose
before the settlement agreement or separation agreement
was executed;
(2) the clauses are mutually agreed upon and mutually
benefit both the employer and the employee;
(3) the settlement or separation agreement is provided
to all parties and the employee or applicant has 21 days to
consider the agreement before it is executed; and
(4) for a period of at least 7 days following execution
of the agreement, the employee or applicant has the right
to revoke the agreement and the agreement is not effective
or enforceable until the revocation period has expired.
(b) An employer may not unilaterally include a
nondisclosure clause or nondisparagement clause that solely
benefits the employer in a separation or settlement agreement.
(c) Notwithstanding signing, before or after the effective
date of this Act, a settlement or separation agreement
containing a nondisclosure or nondisparagement clause, an
employee or applicant retains any right that person would
otherwise have had to report a concern about workplace
harassment or discrimination, including sexual harassment or
another violation of the law, to the Department of Human Rights
or any other federal, State, or local agency, and any right

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that person would otherwise have had to bring an action in a
court of this State or of the United States.
Section 1-30. Enforcement. A violation of this Act
constitutes a civil rights violation under the Illinois Human
Rights Act.
Section 1-35. Application. If there is a conflict between
any collective bargaining agreement and this Act, the
collective bargaining agreement controls.
Section 1-40. Conditions on entities doing business with
this State.
(a) An entity that includes forced arbitration clauses in
any of its contracts or agreements with employees or applicants
is prohibited from doing business with this State, unless 180
days before doing business with this State, the entity, or its
parent entity or subsidiary, provides reasonable notice to
employees or applicants that it will cease enforcing forced
arbitration clauses in employment contracts or agreements.
(b) An entity, or any of its parent entities or
subsidiaries, is prohibited from doing business with this State
if that entity, or any of its parent entities or subsidiaries,
enforces forced arbitration clauses against any employee or
applicant.
(c) Before the privilege of doing business with this State

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is granted to any entity, the State agency representing this
State in the business relationship shall confirm that the
entity, its parent entities, and its subsidiaries do not form
or enforce forced arbitration clauses against employees or
applicants, and shall ensure, where appropriate, that a
contract between this State and the entity includes a provision
prohibiting that entity, its parent entities, and its
subsidiaries from forming or enforcing forced arbitration
clauses.
(d) If the Attorney General, after giving an entity doing
business with this State notice and an opportunity to be heard,
concludes that the entity has violated this Section, the
Attorney General shall notify all State agencies doing business
with the entity about the violation and may seek actual damages
caused to this State by the violation.
(e) If a State agency receives notice from the Attorney
General that an entity with whom the agency does business has
violated this Section, the agency shall terminate its business
dealings with the entity as soon as practical.
Section 1-45. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Article 2.
Section 2-5. The State Officials and Employees Ethics Act

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is amended by changing Section 5-65 as follows:
(5 ILCS 430/5-65)
Sec. 5-65. Prohibition on sexual harassment.
(a) All persons have a right to work in an environment free
from sexual harassment. All persons subject to this Act are
prohibited from sexually harassing any person, regardless of
any employment relationship or lack thereof.
(b) For purposes of this Act, "sexual harassment" means any
unwelcome sexual advances, or requests for sexual favors, other
verbal or physical conduct of a sexual nature, or any other
conduct that has the purpose or effect of interfering with an
individual's work performance or creating an intimidating,
hostile, or offensive working environment because of the
individual's actual or perceived sex. This includes, but is not
limited to, conduct of a sexual nature when: (i) submission to
such conduct is made either explicitly or implicitly a term or
condition of an individual's employment; (ii) submission to or
rejection of such conduct by an individual is used as the basis
for employment decisions affecting such individual; or (iii)
such conduct has the purpose or effect of substantially
interfering with an individual's work performance or creating
an intimidating, hostile, or offensive working environment.
For purposes of this definition, the phrase "working
environment" is not limited to a physical location an employee
is assigned to perform his or her duties and does not require

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an employment relationship.
(Source: P.A. 100-554, eff. 11-16-17.)
Section 2-10. The Lobbyist Registration Act is amended by
changing Section 4.7 as follows:
(25 ILCS 170/4.7)
Sec. 4.7. Prohibition on sexual harassment.
(a) All persons have the right to work in an environment
free from sexual harassment. All persons subject to this Act
shall refrain from sexual harassment of any person.
(b) Beginning January 1, 2018, each natural person required
to register as a lobbyist under this Act must complete, at
least annually, a sexual harassment training program provided
by the Secretary of State. A natural person registered under
this Act must complete the training program no later than 30
days after registration or renewal under this Act. This
requirement does not apply to a lobbying entity or a client
that hires a lobbyist that (i) does not have employees of the
lobbying entity or client registered as lobbyists, or (ii) does
not have an actual presence in Illinois.
(c) No later than January 1, 2018, each natural person and
any entity required to register under this Act shall have a
written sexual harassment policy that shall include, at a
minimum: (i) a prohibition on sexual harassment; (ii) details
on how an individual can report an allegation of sexual

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harassment, including options for making a confidential report
to a supervisor, ethics officer, Inspector General, or the
Department of Human Rights; (iii) a prohibition on retaliation
for reporting sexual harassment allegations, including
availability of whistleblower protections under the State
Officials and Employee Ethics Act, the Whistleblower Act, and
the Illinois Human Rights Act; and (iv) the consequences of a
violation of the prohibition on sexual harassment and the
consequences for knowingly making a false report.
(d) For purposes of this Act, "sexual harassment" means any
unwelcome sexual advances, or requests for sexual favors, other
verbal or physical conduct of a sexual nature, or any other
conduct that has the purpose or effect of interfering with an
individual's work performance or creating an intimidating,
hostile, or offensive working environment because of the
individual's actual or perceived sex. This includes, but is not
limited to, conduct of a sexual nature when: (i) submission to
such conduct is made either explicitly or implicitly a term or
condition of an individual's employment; (ii) submission to or
rejection of such conduct by an individual is used as the basis
for employment decisions affecting such individual; or (iii)
such conduct has the purpose or effect of substantially
interfering with an individual's work performance or creating
an intimidating, hostile, or offensive working environment.
For the purposes of this definition, the phrase "working
environment" is not limited to a physical location an employee

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is assigned to perform his or her duties and does not require
an employment relationship.
(e) The Secretary of State shall adopt rules for the
implementation of this Section. In order to provide for the
expeditious and timely implementation of this Section, the
Secretary of State shall adopt emergency rules under subsection
(z) of Section 5-45 of the Illinois Administrative Procedure
Act for the implementation of this Section no later than 60
days after the effective date of this amendatory Act of the
100th General Assembly.
(Source: P.A. 100-554, eff. 11-16-17.)
Section 2-15. The Uniform Arbitration Act is amended by
changing Section 1 as follows:
(710 ILCS 5/1) (from Ch. 10, par. 101)
Sec. 1. Validity of arbitration agreement. A written
agreement to submit any existing controversy to arbitration or
a provision in a written contract to submit to arbitration any
controversy thereafter arising between the parties is valid,
enforceable and irrevocable save upon such grounds as exist for
the revocation of any contract, except: (1) as provided in the
Workplace Transparency Act; and (2) that any agreement between
a patient and a hospital or health care provider to submit to
binding arbitration a claim for damages arising out of (i) (1)
injuries alleged to have been received by a patient, or (ii)

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(2) death of a patient, due to hospital or health care provider
negligence or other wrongful act, but not including intentional
torts, is also subject to the Health Care Arbitration Act.
(Source: P.A. 80-1012; 80-1031.)
Section 2-20. The Code of Civil Procedure is amended by
adding Section 2-2302 as follows:
(735 ILCS 5/2-2302 new)
Sec. 2-2302. Settlement of public hazard cases.
(a) This Section may be referred to as the Sunshine in
Litigation Law.
(b) As used in this Section, "public hazard" means an
instrumentality, including, but not limited to, any device,
instrument, person, procedure, product, or a condition of a
device, instrument, person, procedure, or product, that has
caused and is likely to cause injury.
(c) Except as otherwise provided by this Section, no court
shall enter an order or judgment that has the purpose or effect
of concealing a public hazard or any information concerning a
public hazard, nor shall the court enter an order or judgment
that has the purpose or effect of concealing any information
that may be useful to members of the public in protecting
themselves from injury that may result from the public hazard.
(d) Any portion of an agreement or contract that has the
purpose or effect of concealing a public hazard, any

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information concerning a public hazard, or any information that
may be useful to members of the public in protecting themselves
from injury that may result from the public hazard, is void,
contrary to public policy, and may not be enforced.
(e) A trade secret, as defined by Section 2 of the Illinois
Trade Secrets Act, or other competitively sensitive,
confidential, or proprietary information that is not pertinent
to the public hazard shall remain confidential.
(f) Any substantially affected person, including, but not
limited to, a representative of news media, has standing to
contest an order, judgment, agreement, or contract that
violates this Section. A person may contest an order, judgment,
agreement, or contract that violates this Section by motion in
the court that entered the order or judgment, or by bringing a
declaratory judgment action.
(g) Upon motion and good cause shown by a party attempting
to prevent disclosure of information or material that has not
previously been disclosed, including, but not limited to, an
alleged trade secret, the court shall examine the disputed
information or material in camera. If the court finds that the
information or material or portions thereof consist of
information concerning a public hazard or information that may
be useful to members of the public in protecting themselves
from injury that may result from a public hazard, the court
shall allow disclosure of the information or material. If
allowing disclosure, the court shall allow disclosure of only

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that portion of the information or material necessary or useful
to the public regarding the public hazard.
(h) Any portion of an agreement or contract that has the
purpose or effect of concealing information relating to the
settlement or resolution of any claim or action involving a
public hazard against this State, its agencies, or subdivisions
or against any municipality or constitutionally created body or
commission is void, contrary to public policy, and may not be
enforced. Any person has standing to contest an order,
judgment, agreement, or contract that violates this Section. A
person may contest an order, judgment, agreement, or contract
that violates this subsection by motion in the court that
entered the order or judgment, or by bringing a declaratory
judgment action.
Any person having custody of any document, record,
contract, or agreement relating to any settlement as set forth
in this Section shall maintain the public record in compliance
with the State Records Act.
A custodian who fails to disclose and provide any document,
record, contract, or agreement pursuant to this Section is
subject to the sanctions set forth in Section 11 of the State
Records Act.
(i) A governmental entity, except a municipality or county,
that settles a claim in tort involving a public hazard that
requires the expenditure of public funds in excess of $5,000
shall provide notice of the settlement in the county in which

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the claim arose within 60 days of entering into the settlement;
however, notice is not required if the settlement is approved
by a court of competent jurisdiction.
Section 2-25. The Illinois Human Rights Act is amended by
changing Sections 2-101, 5A-101, and 6-102 and by adding
Sections 2-108 and 7-114 as follows:
(775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
Sec. 2-101. Definitions. The following definitions are
applicable strictly in the context of this Article.
(A) Employee.
(1) "Employee" includes:
(a) Any individual performing services for
remuneration within this State for an employer,
including, but not limited to, a contractor,
subcontractor, vendor, consultant, or other person
providing services pursuant to a contract in the
workplace;
(b) An apprentice;
(c) An applicant for any apprenticeship.
For purposes of subsection (D) of Section 2-102 of this
Act, "employee" also includes an unpaid intern. An unpaid
intern is a person who performs work for an employer under
the following circumstances:
(i) the employer is not committed to hiring the

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person performing the work at the conclusion of the
intern's tenure;
(ii) the employer and the person performing the
work agree that the person is not entitled to wages for
the work performed; and
(iii) the work performed:
(I) supplements training given in an
educational environment that may enhance the
employability of the intern;
(II) provides experience for the benefit of
the person performing the work;
(III) does not displace regular employees;
(IV) is performed under the close supervision
of existing staff; and
(V) provides no immediate advantage to the
employer providing the training and may
occasionally impede the operations of the
employer.
(2) "Employee" does not include:
(a) (Blank);
(b) Individuals employed by persons who are not
"employers" as defined by this Act;
(c) Elected public officials or the members of
their immediate personal staffs;
(d) Principal administrative officers of the State
or of any political subdivision, municipal corporation

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or other governmental unit or agency;
(e) A person in a vocational rehabilitation
facility certified under federal law who has been
designated an evaluee, trainee, or work activity
client.
(B) Employer.
(1) "Employer" includes:
(a) Any person employing 15 or more employees
within Illinois during 20 or more calendar weeks within
the calendar year of or preceding the alleged
violation;
(b) Any person employing one or more employees when
a complainant alleges civil rights violation due to
unlawful discrimination based upon his or her physical
or mental disability unrelated to ability, pregnancy,
or sexual harassment;
(c) The State and any political subdivision,
municipal corporation or other governmental unit or
agency, without regard to the number of employees;
(d) Any party to a public contract without regard
to the number of employees;
(e) A joint apprenticeship or training committee
without regard to the number of employees.
(2) "Employer" does not include any religious
corporation, association, educational institution,
society, or non-profit nursing institution conducted by

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and for those who rely upon treatment by prayer through
spiritual means in accordance with the tenets of a
recognized church or religious denomination with respect
to the employment of individuals of a particular religion
to perform work connected with the carrying on by such
corporation, association, educational institution, society
or non-profit nursing institution of its activities.
(C) Employment Agency. "Employment Agency" includes both
public and private employment agencies and any person, labor
organization, or labor union having a hiring hall or hiring
office regularly undertaking, with or without compensation, to
procure opportunities to work, or to procure, recruit, refer or
place employees.
(D) Labor Organization. "Labor Organization" includes any
organization, labor union, craft union, or any voluntary
unincorporated association designed to further the cause of the
rights of union labor which is constituted for the purpose, in
whole or in part, of collective bargaining or of dealing with
employers concerning grievances, terms or conditions of
employment, or apprenticeships or applications for
apprenticeships, or of other mutual aid or protection in
connection with employment, including apprenticeships or
applications for apprenticeships.
(E) Sexual Harassment. "Sexual harassment" means any
unwelcome sexual advances, or requests for sexual favors, other
verbal or physical conduct of a sexual nature, or any other

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conduct that has the purpose or effect of interfering with an
individual's work performance or creating an intimidating,
hostile, or offensive working environment because of the
individual's actual or perceived sex. This includes, but is not
limited to, conduct of a sexual nature when (1) submission to
such conduct is made either explicitly or implicitly a term or
condition of an individual's employment, (2) submission to or
rejection of such conduct by an individual is used as the basis
for employment decisions affecting such individual, or (3) such
conduct has the purpose or effect of substantially interfering
with an individual's work performance or creating an
intimidating, hostile or offensive working environment.
For purposes of this definition, the phrase "working
environment" is not limited to a physical location an employee
is assigned to perform his or her duties and does not require
an employment relationship.
(F) Religion. "Religion" with respect to employers
includes all aspects of religious observance and practice, as
well as belief, unless an employer demonstrates that he is
unable to reasonably accommodate an employee's or prospective
employee's religious observance or practice without undue
hardship on the conduct of the employer's business.
(G) Public Employer. "Public employer" means the State, an
agency or department thereof, unit of local government, school
district, instrumentality or political subdivision.
(H) Public Employee. "Public employee" means an employee of

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the State, agency or department thereof, unit of local
government, school district, instrumentality or political
subdivision. "Public employee" does not include public
officers or employees of the General Assembly or agencies
thereof.
(I) Public Officer. "Public officer" means a person who is
elected to office pursuant to the Constitution or a statute or
ordinance, or who is appointed to an office which is
established, and the qualifications and duties of which are
prescribed, by the Constitution or a statute or ordinance, to
discharge a public duty for the State, agency or department
thereof, unit of local government, school district,
instrumentality or political subdivision.
(J) Eligible Bidder. "Eligible bidder" means a person who,
prior to contract award or prior to bid opening for State
contracts for construction or construction-related services,
has filed with the Department a properly completed, sworn and
currently valid employer report form, pursuant to the
Department's regulations. The provisions of this Article
relating to eligible bidders apply only to bids on contracts
with the State and its departments, agencies, boards, and
commissions, and the provisions do not apply to bids on
contracts with units of local government or school districts.
(K) Citizenship Status. "Citizenship status" means the
status of being:
(1) a born U.S. citizen;

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(2) a naturalized U.S. citizen;
(3) a U.S. national; or
(4) a person born outside the United States and not a
U.S. citizen who is not an unauthorized alien and who is
protected from discrimination under the provisions of
Section 1324b of Title 8 of the United States Code, as now
or hereafter amended.
(Source: P.A. 99-78, eff. 7-20-15; 99-758, eff. 1-1-17; 100-43,
eff. 8-9-17.)
(775 ILCS 5/2-108 new)
Sec. 2-108. Employer disclosure requirements.
(A) Definitions. The following definitions are applicable
strictly to this Section:
(1) "Employer" includes:
(a) any party to a public contract without regard
to the number of employees;
(b) any person employing 100 or more employees
within this State during 20 or more calendar weeks
within the preceding calendar year; and
(c) the State and any political subdivision,
municipal corporation, or other governmental unit or
agency, without regard to the number of employees.
(2) "Settlement" means any commitment or agreement,
without regard to whether the commitment or agreement is in
writing, including any agreed judgment, stipulation,

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decree, agreement to settle, assurance of discontinuance,
or otherwise, under which the employer directly or
indirectly:
(a) provides to an individual compensation or
other consideration because of an allegation that the
individual has been a victim of sexual harassment or
unlawful discrimination under this Act; or
(b) establishes conditions that affect the terms
of the employment, including terminating the
employment of the individual with the employer:
(i) because of the experience of the individual
with, or the participation of the individual in, an
alleged act of sexual harassment or unlawful
discrimination under this Act; and
(ii) in exchange for which the individual agrees or
commits not to bring legal, administrative, or any
other type of action against the employer; or publicly
disclose, for a period of any length, any information
regarding the alleged act on which the commitment or
agreement, as applicable, is based.
(B) Required disclosures. Beginning July 1, 2020, each
employer under this Section must disclose annually to the
Department of Human Rights the following information:
(1) the total number of settlements entered into during
the preceding year by the employer, a corporate executive
of the employer, or a subsidiary, a contractor, or a

SB1829 - 24 - LRB101 10761 LNS 55883 b
subcontractor of the employer that relate to any alleged
act of sexual harassment or unlawful discrimination that:
(a) occurred in the workplace of the employer or a
subsidiary, contractor, or subcontractor of the
employer; or
(b) involved the behavior of an employee of the
employer, a corporate executive of the employer, or a
subsidiary, contractor, or subcontractor of the
employer, without regard to whether that behavior
occurred in the workplace of the employer, subsidiary,
contractor, or subcontractor;
(2) the total and average dollar amount paid with
respect to the settlements described in paragraph (1);
(3) how many settlements described in paragraph (1) are
in each of the following categories:
(a) sexual harassment or discrimination on the
basis of sex;
(b) discrimination or harassment on the basis of
race, color, or national origin;
(c) discrimination or harassment on the basis of
religion;
(d) discrimination or harassment on the basis of
age;
(e) discrimination or harassment on the basis of
disability;
(f) discrimination or harassment on the basis of

SB1829 - 25 - LRB101 10761 LNS 55883 b
military status or unfavorable discharge from military
status;
(g) discrimination or harassment on the basis of
sexual orientation or gender identity; and
(h) discrimination or harassment on the basis of
any other characteristic protected under this Act;
(4) the total number of adverse judgments or
administrative rulings during the preceding year based on
claims of sexual harassment or unlawful discrimination
brought under this Act, Title VII of the Civil Rights Act
of 1964, or any other federal, State, or local law
prohibiting sexual harassment or unlawful discrimination;
(5) the total and the average dollar amount of those
adverse judgments or administrative rulings described in
paragraph (4);
(6) whether any equitable relief was ordered against
the employer in any adverse judgment or administrative
ruling described in paragraph (4);
(7) how many adverse judgments or administrative
rulings described in paragraph (4) are in each of the
following categories:
(a) sexual harassment or discrimination on the
basis of sex;
(b) discrimination or harassment on the basis of
race, color, or national origin;
(c) discrimination or harassment on the basis of

SB1829 - 26 - LRB101 10761 LNS 55883 b
religion;
(d) discrimination or harassment on the basis of
age;
(e) discrimination or harassment on the basis of
disability;
(f) discrimination or harassment on the basis of
military status or unfavorable discharge from military
status;
(g) discrimination or harassment on the basis of
sexual orientation or gender identity; and
(h) discrimination or harassment on the basis of
any other characteristic protected under this Act;
(8) the average length of time required for the
employer to resolve a complaint relating to sexual
harassment or unlawful discrimination during the preceding
year;
(9) as of the date on which the disclosure is made, the
total number of complaints relating to sexual harassment or
unlawful discrimination that the employer is working to
resolve through:
(a) processes that are internal to the employer;
(b) mediation or arbitration; and
(c) litigation; and
(10) a description of measures taken by the employer or
any subsidiary, contractor, or subcontractor of the
employer to prevent sexual harassment and unlawful

SB1829 - 27 - LRB101 10761 LNS 55883 b
discrimination in the workplace.
(C) Prohibited disclosures. An employer may not disclose
the name of a victim of an act of alleged sexual harassment or
unlawful discrimination in any disclosures required under this
Section.
(D) Annual reporting. The Department shall publish an
annual report containing an anonymized summary of the
disclosures made under this Section and that report shall be
filed with the General Assembly.
(E) Continuing violations. The Department shall open a
preliminary investigation if the information disclosed under
this Section identifies an employer, a corporate executive of
the employer, or a subsidiary, contractor, or subcontractor of
the employer who has:
(1) disclosed more than 10 separate settlements,
adverse judgments, or administrative rulings in the
preceding year; or
(2) disclosed settlements, adverse judgments, or
administrative rulings requiring the employer to pay more
than $1 million during the preceding year. If a continuing
violation is found, the Department shall initiate a charge
of a civil rights violation.
(G) Failure to report and penalties. If an employer fails
to make any disclosures required under this Section, the
Department shall issue a notice to show cause giving the
employer 30 days to disclose the required information. If the

SB1829 - 28 - LRB101 10761 LNS 55883 b
employer does not make the required disclosures within 30 days,
the Department shall initiate a charge of a civil rights
violation.
(H) Rules. The Department shall adopt any rules it deems
necessary for implementation of this Section.
(775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)
Sec. 5A-101. Definitions. The following definitions are
applicable strictly in the content of this Article, except that
the term "sexual harassment in elementary, secondary, and
higher education" as defined herein has the meaning herein
ascribed to it whenever that term is used anywhere in this Act.
(A) Institution of Elementary, Secondary, or Higher
Education. "Institution of elementary, secondary, or higher
education" means: (1) a publicly or privately operated
university, college, community college, junior college,
business or vocational school, or other educational
institution offering degrees and instruction beyond the
secondary school level; or (2) a publicly or privately operated
elementary school or secondary school.
(B) Degree. "Degree" means: (1) a designation,
appellation, series of letters or words or other symbols which
signifies or purports to signify that the recipient thereof has
satisfactorily completed an organized academic, business or
vocational program of study offered beyond the secondary school
level; or (2) a designation signifying that the recipient has

SB1829 - 29 - LRB101 10761 LNS 55883 b
graduated from an elementary school or secondary school.
(C) Student. "Student" means any individual admitted to or
applying for admission to an institution of elementary,
secondary, or higher education, or enrolled on a full or part
time basis in a course or program of academic, business or
vocational instruction offered by or through an institution of
elementary, secondary, or higher education.
(D) Elementary, Secondary, or Higher Education
Representative. "Elementary, secondary, or higher education
representative" means and includes the president, chancellor
or other holder of any executive office on the administrative
staff of an institution of higher education, an administrator
of an elementary school or secondary school, a member of the
faculty of an institution of higher education, including but
not limited to a dean or associate or assistant dean, a
professor or associate or assistant professor, and a full or
part time instructor or visiting professor, including a
graduate assistant or other student who is employed on a
temporary basis of less than full time as a teacher or
instructor of any course or program of academic, business or
vocational instruction offered by or through an institution of
higher education, and any teacher, instructor, or other
employee of an elementary school or secondary school.
(E) Sexual Harassment in Elementary, Secondary, and Higher
Education. "Sexual harassment in elementary, secondary, and
higher education" means any unwelcome sexual advances, or

SB1829 - 30 - LRB101 10761 LNS 55883 b
requests for sexual favors, other verbal or physical conduct of
a sexual nature, or any other conduct that has the purpose or
effect of creating an intimidating, hostile, or offensive
educational environment because of the individual's actual or
perceived sex made by an elementary, secondary, or higher
education representative to a student, or any conduct of a
sexual nature exhibited by an elementary, secondary, or higher
education representative toward a student, when such conduct
has the purpose of substantially interfering with the student's
educational performance or creating an intimidating, hostile
or offensive educational environment; or when the elementary,
secondary, or higher education representative either
explicitly or implicitly makes the student's submission to such
conduct a term or condition of, or uses the student's
submission to or rejection of such conduct as a basis for
determining:
(1) Whether the student will be admitted to an
institution of elementary, secondary, or higher education;
(2) The educational performance required or expected
of the student;
(3) The attendance or assignment requirements
applicable to the student;
(4) To what courses, fields of study or programs,
including honors and graduate programs, the student will be
admitted;
(5) What placement or course proficiency requirements

SB1829 - 31 - LRB101 10761 LNS 55883 b
are applicable to the student;
(6) The quality of instruction the student will
receive;
(7) What tuition or fee requirements are applicable to
the student;
(8) What scholarship opportunities are available to
the student;
(9) What extracurricular teams the student will be a
member of or in what extracurricular competitions the
student will participate;
(10) Any grade the student will receive in any
examination or in any course or program of instruction in
which the student is enrolled;
(11) The progress of the student toward successful
completion of or graduation from any course or program of
instruction in which the student is enrolled; or
(12) What degree, if any, the student will receive.
(Source: P.A. 96-1319, eff. 7-27-10.)
(775 ILCS 5/6-102)
Sec. 6-102. Violations of other Acts. A person who violates
the Section 11-117-12.2 of the Illinois Municipal Code, Section
224.05 of the Illinois Insurance Code, Section 8-201.5 of the
Public Utilities Act, Sections 2-1401.1, 9-107.10, 9-107.11,
and 15-1501.6 of the Code of Civil Procedure, Section 4.05 of
the Interest Act, the Military Personnel Cellular Phone

SB1829 - 32 - LRB101 10761 LNS 55883 b
Contract Termination Act, Section 405-272 of the Civil
Administrative Code of Illinois, Section 10-63 of the Illinois
Administrative Procedure Act, Sections 30.25 and 30.30 of the
Military Code of Illinois, Section 16 of the Landlord and
Tenant Act, Section 26.5 of the Retail Installment Sales Act,
or Section 37 of the Motor Vehicle Leasing Act, or the
Workplace Transparency Act commits a civil rights violation
within the meaning of this Act.
(Source: P.A. 100-1101, eff. 1-1-19.)
(775 ILCS 5/7-114 new)
Sec. 7-114. Sexual harassment prevention training.
(A) The General Assembly finds that the Equal Employment
Opportunity Commission estimates that 25% to 85% of working
women have experienced sexual harassment on the job.
Organizational tolerance of sexual harassment has a
detrimental influence in workplaces by creating a hostile
environment for women, reducing productivity, and increasing
legal liability. It is the General Assembly's intent to
encourage employers to adopt and actively implement policies to
ensure their workplaces are safe for women to report concerns
about sexual harassment without fear of retaliation, loss of
status, or loss of promotional opportunities.
(B) The Department shall produce a model sexual harassment
prevention training program aimed at the prevention of sexual
harassment in the workplace. This model program shall be

SB1829 - 33 - LRB101 10761 LNS 55883 b
interactive and, at a minimum, include the following:
(1) an explanation of sexual harassment consistent
with this Act;
(2) examples of conduct that constitutes unlawful
sexual harassment;
(3) a summary of federal and State statutory provisions
concerning sexual harassment and remedies available to
victims of sexual harassment;
(4) a summary of employees' rights and available
remedies and forums to adjudicate complaints;
(5) examples of appropriate and inappropriate conduct
by supervisors; and
(6) a summary of additional responsibilities of
supervisors in the prevention, investigation, and
adjudication of sexual harassment.
(C) Every employer shall use the model sexual harassment
prevention training program under this Section or establish a
training program for employees and supervisors to prevent
sexual harassment that equals or exceeds the minimum standards
provided by the model training. The sexual harassment
prevention training shall be provided to all employees on an
annual basis.
(D) An employer who violates this Section is subject to a
civil penalty as follows:
(1) For an employer with fewer than 4 employees: a
penalty not to exceed $500 for a first offense; a penalty

SB1829 - 34 - LRB101 10761 LNS 55883 b
not to exceed $1,000 for a second offense; a penalty not to
exceed $3,000 for a third or subsequent offense.
(2) For an employer with 4 or more employees: a penalty
not to exceed $1,000 for a first offense; a penalty not to
exceed $3,000 for a second offense; a penalty not to exceed
$5,000 for a third or subsequent offense.
The appropriateness of the penalty to the size of the
business of the employer charged and the gravity of the
violation shall be considered in determining the amount of the
penalty. The penalty may be recovered in a civil action brought
by the Director in any circuit court.
Section 2-30. The Illinois Freedom to Work Act is amended
by adding Section 20 as follows:
(820 ILCS 90/20 new)
Sec. 20. Nondisclosure agreements prohibited.
(a) No employer shall enter into a nondisclosure agreement
with any low-wage employee of the employer.
(b) A nondisclosure agreement between an employer and a
low-wage employee is illegal and void.
Section 2-35. The Victims' Economic Security and Safety Act
is amended by changing Sections 10, 15, 20, 25, 30, 35, and 45
as follows:

SB1829 - 35 - LRB101 10761 LNS 55883 b
(820 ILCS 180/10)
Sec. 10. Definitions. In this Act, except as otherwise
expressly provided:
(1) "Commerce" includes trade, traffic, commerce,
transportation, or communication; and "industry or
activity affecting commerce" means any activity, business,
or industry in commerce or in which a labor dispute would
hinder or obstruct commerce or the free flow of commerce,
and includes "commerce" and any "industry affecting
commerce".
(2) "Course of conduct" means a course of repeatedly
maintaining a visual or physical proximity to a person or
conveying oral or written threats, including threats
conveyed through electronic communications, or threats
implied by conduct.
(3) "Department" means the Department of Labor.
(4) "Director" means the Director of Labor.
(5) "Domestic or sexual violence" means domestic
violence, sexual assault, or stalking.
(6) "Domestic violence" means abuse, as defined in
Section 103 of the Illinois Domestic Violence Act of 1986,
by a family or household member, as defined in Section 103
of the Illinois Domestic Violence Act of 1986.
(7) "Electronic communications" includes
communications via telephone, mobile phone, computer,
e-mail, video recorder, fax machine, telex, or pager,

SB1829 - 36 - LRB101 10761 LNS 55883 b
online platform (including, but not limited to, any
public-facing website, web application, digital
application, or social network), or any other electronic
communication, as defined in Section 12-7.5 of the Criminal
Code of 2012.
(8) "Employ" includes to suffer or permit to work.
(9) Employee.
(A) In general. "Employee" means any person
employed by an employer.
(B) Basis. "Employee" includes a person employed
as described in subparagraph (A) on a full or part-time
basis, or as a participant in a work assignment as a
condition of receipt of federal or State income-based
public assistance.
(10) "Employer" means any of the following: (A) the
State or any agency of the State; (B) any unit of local
government or school district; or (C) any person that
employs at least one employee.
(11) "Employment benefits" means all benefits provided
or made available to employees by an employer, including
group life insurance, health insurance, disability
insurance, sick leave, annual leave, educational benefits,
pensions, and profit-sharing, regardless of whether such
benefits are provided by a practice or written policy of an
employer or through an "employee benefit plan". "Employee
benefit plan" or "plan" means an employee welfare benefit

SB1829 - 37 - LRB101 10761 LNS 55883 b
plan or an employee pension benefit plan or a plan which is
both an employee welfare benefit plan and an employee
pension benefit plan.
(12) "Family or household member", for employees with a
family or household member who is a victim of domestic
violence, sexual violence, or sexual harassment or sexual
violence, means a spouse, parent, son, daughter, other
person related by blood or by present or prior marriage,
other person who shares a relationship through a son or
daughter, and persons jointly residing in the same
household.
(13) "Parent" means the biological parent of an
employee or an individual who stood in loco parentis to an
employee when the employee was a son or daughter. "Son or
daughter" means a biological, adopted, or foster child, a
stepchild, a legal ward, or a child of a person standing in
loco parentis, who is under 18 years of age, or is 18 years
of age or older and incapable of self-care because of a
mental or physical disability.
(14) "Perpetrator" means an individual who commits or
is alleged to have committed any act or threat of domestic
violence, sexual violence, or sexual harassment or sexual
violence.
(15) "Person" means an individual, partnership,
association, corporation, business trust, legal
representative, or any organized group of persons.

SB1829 - 38 - LRB101 10761 LNS 55883 b
(16) "Public agency" means the Government of the State
or political subdivision thereof; any agency of the State,
or of a political subdivision of the State; or any
governmental agency.
(17) "Public assistance" includes cash, food stamps,
medical assistance, housing assistance, and other benefits
provided on the basis of income by a public agency or
public employer.
(18) "Reduced work schedule" means a work schedule that
reduces the usual number of hours per workweek, or hours
per workday, of an employee.
(19) "Repeatedly" means on 2 or more occasions.
(20) "Sexual assault" means any conduct proscribed by:
(i) Article 11 of the Criminal Code of 2012 except Sections
11-35 and 11-45; (ii) Sections 12-13, 12-14, 12-14.1,
12-15, and 12-16 of the Criminal Code of 2012; or (iii) a
similar provision of the Criminal Code of 1961 the Criminal
Code of 1961 or the Criminal Code of 2012 in Sections
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15, and 12-16.
(21) "Stalking" means any conduct proscribed by the
Criminal Code of 1961 or the Criminal Code of 2012 in
Sections 12-7.3, 12-7.4, and 12-7.5.
(22) "Victim" or "survivor" means an individual who has
been subjected to domestic violence, sexual violence, or
sexual harassment or sexual violence.

SB1829 - 39 - LRB101 10761 LNS 55883 b
(23) "Victim services organization" means a nonprofit,
nongovernmental organization that provides assistance to
victims of domestic violence, sexual violence, or sexual
harassment or sexual violence or to advocates for such
victims, including a rape crisis center, an organization
carrying out a domestic violence program, an organization
operating a shelter or providing counseling services, or a
legal services organization or other organization
providing assistance through the legal process.
(24) "Emotional distress" means significant mental
suffering, anxiety, or alarm.
(25) "Sexual harassment" means any harassment or
discrimination on the basis of an individual's actual or
perceived sex or gender, including unwelcome sexual
advances, requests for sexual favors, other verbal or
physical conduct of a sexual nature, or any other conduct
of a sexual nature directed at a specific person that would
cause the victim or survivor emotional distress.
(Source: P.A. 99-765, eff. 1-1-17.)
(820 ILCS 180/15)
Sec. 15. Purposes. The purposes of this Act are:
(1) to promote the State's interest in reducing
domestic violence, dating violence, sexual assault, sexual
harassment, and stalking by enabling victims of domestic
violence, sexual violence, or sexual harassment or sexual

SB1829 - 40 - LRB101 10761 LNS 55883 b
violence to maintain the financial independence necessary
to leave abusive situations, achieve safety, and minimize
the physical and emotional injuries from domestic
violence, sexual violence, or sexual harassment or sexual
violence, and to reduce the devastating economic
consequences of domestic violence, sexual violence, or
sexual harassment or sexual violence to employers and
employees;
(2) to address the failure of existing laws to protect
the employment rights of employees who are victims of
domestic violence, sexual violence, or sexual harassment
or sexual violence and employees with a family or household
member who is a victim of domestic violence, sexual
violence, or sexual harassment or sexual violence, by
protecting the civil and economic rights of those
employees, and by furthering the equal opportunity of women
for economic self-sufficiency and employment free from
discrimination;
(3) to accomplish the purposes described in paragraphs
(1) and (2) by (A) entitling employed victims of domestic
violence, sexual violence, or sexual harassment or sexual
violence and employees with a family or household member
who is a victim of domestic violence, sexual violence, or
sexual harassment or sexual violence to take unpaid leave
to seek medical help, legal assistance, counseling, safety
planning, and other assistance without penalty from their

SB1829 - 41 - LRB101 10761 LNS 55883 b
employers for the employee or the family or household
member who is a victim; and (B) prohibiting employers from
discriminating against any employee who is a victim of
domestic violence, sexual violence, or sexual harassment
or sexual violence or any employee who has a family or
household member who is a victim of domestic violence,
sexual violence, or sexual harassment or sexual violence,
in a manner that accommodates the legitimate interests of
employers and protects the safety of all persons in the
workplace.
(Source: P.A. 96-635, eff. 8-24-09.)
(820 ILCS 180/20)
Sec. 20. Entitlement to leave due to domestic violence,
sexual violence, or sexual harassment or sexual violence.
(a) Leave requirement.
(1) Basis. An employee who is a victim of domestic
violence, sexual violence, or sexual harassment or sexual
violence or an employee who has a family or household
member who is a victim of domestic violence, sexual
violence, or sexual harassment or sexual violence whose
interests are not adverse to the employee as it relates to
the domestic violence, sexual violence, or sexual
harassment or sexual violence may take unpaid leave from
work if the employee or employee's family or household
member is experiencing an incident of domestic violence,

SB1829 - 42 - LRB101 10761 LNS 55883 b
sexual violence, or sexual harassment or sexual violence or
to address domestic violence, sexual violence, or sexual
harassment or sexual violence by:
(A) seeking medical attention for, or recovering
from, physical or psychological injuries caused by
domestic violence, sexual violence, or sexual
harassment or sexual violence to the employee or the
employee's family or household member;
(B) obtaining services from a victim services
organization for the employee or the employee's family
or household member;
(C) obtaining psychological or other counseling
for the employee or the employee's family or household
member;
(D) participating in safety planning, temporarily
or permanently relocating, or taking other actions to
increase the safety of the employee or the employee's
family or household member from future domestic
violence, sexual violence, or sexual harassment or
sexual violence or ensure economic security; or
(E) seeking legal assistance or remedies to ensure
the health and safety of the employee or the employee's
family or household member, including preparing for or
participating in any civil or criminal legal
proceeding related to or derived from domestic
violence, sexual violence, or sexual harassment or

SB1829 - 43 - LRB101 10761 LNS 55883 b
sexual violence.
(2) Period. Subject to subsection (c), an employee
working for an employer that employs at least 50 employees
shall be entitled to a total of 12 workweeks of leave
during any 12-month period. Subject to subsection (c), an
employee working for an employer that employs at least 15
but not more than 49 employees shall be entitled to a total
of 8 workweeks of leave during any 12-month period. Subject
to subsection (c), an employee working for an employer that
employs at least one but not more than 14 employees shall
be entitled to a total of 4 workweeks of leave during any
12-month period. The total number of workweeks to which an
employee is entitled shall not decrease during the relevant
12-month period. This Act does not create a right for an
employee to take unpaid leave that exceeds the unpaid leave
time allowed under, or is in addition to the unpaid leave
time permitted by, the federal Family and Medical Leave Act
of 1993 (29 U.S.C. 2601 et seq.).
(3) Schedule. Leave described in paragraph (1) may be
taken consecutively, intermittently, or on a reduced work
schedule.
(b) Notice. The employee shall provide the employer with at
least 48 hours' advance notice of the employee's intention to
take the leave, unless providing such notice is not
practicable. When an unscheduled absence occurs, the employer
may not take any action against the employee if the employee,

SB1829 - 44 - LRB101 10761 LNS 55883 b
upon request of the employer and within a reasonable period
after the absence, provides certification under subsection
(c).
(c) Certification.
(1) In general. The employer may require the employee
to provide certification to the employer that:
(A) the employee or the employee's family or
household member is a victim of domestic violence,
sexual violence, or sexual harassment or sexual
violence; and
(B) the leave is for one of the purposes enumerated
in paragraph (a)(1).
The employee shall provide such certification to the
employer within a reasonable period after the employer
requests certification.
(2) Contents. An employee shall may satisfy the
certification requirement of paragraph (1) by providing to
the employer a sworn statement of the employee, and, if the
employee has possession of such documents, the employee
shall provide one of the following upon obtaining such
documents the employee shall provide:
(A) documentation from an employee, agent, or
volunteer of a victim services organization, an
attorney, a member of the clergy, or a medical or other
professional from whom the employee or the employee's
family or household member has sought assistance in

SB1829 - 45 - LRB101 10761 LNS 55883 b
addressing domestic violence, sexual violence, or
sexual harassment or sexual violence and the effects of
the violence or harassment;
(B) a police or court record; or
(C) other corroborating evidence.
The employee shall choose which document to submit, and
the employer shall not request or require more than one
document to be submitted if the reason for leave is related
to the same incident of domestic violence, sexual violence,
or sexual harassment or the same perpetrator of the
domestic violence, sexual violence, or sexual harassment.
(d) Confidentiality. All information provided to the
employer pursuant to subsection (b) or (c), including a
statement of the employee or any other documentation, record,
or corroborating evidence, and the fact that the employee has
requested or obtained leave pursuant to this Section, shall be
retained in the strictest confidence by the employer, except to
the extent that disclosure is:
(1) requested or consented to in writing by the
employee; or
(2) otherwise required by applicable federal or State
law.
(e) Employment and benefits.
(1) Restoration to position.
(A) In general. Any employee who takes leave under
this Section for the intended purpose of the leave

SB1829 - 46 - LRB101 10761 LNS 55883 b
shall be entitled, on return from such leave:
(i) to be restored by the employer to the
position of employment held by the employee when
the leave commenced; or
(ii) to be restored to an equivalent position
with equivalent employment benefits, pay, and
other terms and conditions of employment.
(B) Loss of benefits. The taking of leave under
this Section shall not result in the loss of any
employment benefit accrued prior to the date on which
the leave commenced.
(C) Limitations. Nothing in this subsection shall
be construed to entitle any restored employee to:
(i) the accrual of any seniority or employment
benefits during any period of leave; or
(ii) any right, benefit, or position of
employment other than any right, benefit, or
position to which the employee would have been
entitled had the employee not taken the leave.
(D) Construction. Nothing in this paragraph shall
be construed to prohibit an employer from requiring an
employee on leave under this Section to report
periodically to the employer on the status and
intention of the employee to return to work.
(2) Maintenance of health benefits.
(A) Coverage. Except as provided in subparagraph

SB1829 - 47 - LRB101 10761 LNS 55883 b
(B), during any period that an employee takes leave
under this Section, the employer shall maintain
coverage for the employee and any family or household
member under any group health plan for the duration of
such leave at the level and under the conditions
coverage would have been provided if the employee had
continued in employment continuously for the duration
of such leave.
(B) Failure to return from leave. The employer may
recover the premium that the employer paid for
maintaining coverage for the employee and the
employee's family or household member under such group
health plan during any period of leave under this
Section if:
(i) the employee fails to return from leave
under this Section after the period of leave to
which the employee is entitled has expired; and
(ii) the employee fails to return to work for a
reason other than:
(I) the continuation, recurrence, or onset
of domestic violence, sexual violence, or
sexual harassment or sexual violence that
entitles the employee to leave pursuant to this
Section; or
(II) other circumstances beyond the
control of the employee.

SB1829 - 48 - LRB101 10761 LNS 55883 b
(C) Certification.
(i) Issuance. An employer may require an
employee who claims that the employee is unable to
return to work because of a reason described in
subclause (I) or (II) of subparagraph (B)(ii) to
provide, within a reasonable period after making
the claim, certification to the employer that the
employee is unable to return to work because of
that reason. The employee shall choose which
document to submit.
(ii) Contents. An employee may satisfy the
certification requirement of clause (i) by
providing to the employer:
(I) a sworn statement of the employee;
(II) documentation from an employee,
agent, or volunteer of a victim services
organization, an attorney, a member of the
clergy, or a medical or other professional from
whom the employee has sought assistance in
addressing domestic violence, sexual violence,
or sexual harassment or sexual violence and the
effects of that violence or harassment;
(III) a police or court record; or
(IV) other corroborating evidence.
(D) Confidentiality. All information provided to
the employer pursuant to subparagraph (C), including a

SB1829 - 49 - LRB101 10761 LNS 55883 b
statement of the employee or any other documentation,
record, or corroborating evidence, and the fact that
the employee is not returning to work because of a
reason described in subclause (I) or (II) of
subparagraph (B)(ii) shall be retained in the
strictest confidence by the employer, except to the
extent that disclosure is:
(i) requested or consented to in writing by the
employee; or
(ii) otherwise required by applicable federal
or State law.
(f) Prohibited acts.
(1) Interference with rights.
(A) Exercise of rights. It shall be unlawful for
any employer to interfere with, restrain, or deny the
exercise of or the attempt to exercise any right
provided under this Section.
(B) Employer discrimination. It shall be unlawful
for any employer to discharge or harass any individual,
or otherwise discriminate against any individual with
respect to compensation, terms, conditions, or
privileges of employment of the individual (including
retaliation in any form or manner) because the
individual:
(i) exercised any right provided under this
Section; or

SB1829 - 50 - LRB101 10761 LNS 55883 b
(ii) opposed any practice made unlawful by
this Section.
(C) Public agency sanctions. It shall be unlawful
for any public agency to deny, reduce, or terminate the
benefits of, otherwise sanction, or harass any
individual, or otherwise discriminate against any
individual with respect to the amount, terms, or
conditions of public assistance of the individual
(including retaliation in any form or manner) because
the individual:
(i) exercised any right provided under this
Section; or
(ii) opposed any practice made unlawful by
this Section.
(2) Interference with proceedings or inquiries. It
shall be unlawful for any person to discharge or in any
other manner discriminate (as described in subparagraph
(B) or (C) of paragraph (1)) against any individual because
such individual:
(A) has filed any charge, or has instituted or
caused to be instituted any proceeding, under or
related to this Section;
(B) has given, or is about to give, any information
in connection with any inquiry or proceeding relating
to any right provided under this Section; or
(C) has testified, or is about to testify, in any

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inquiry or proceeding relating to any right provided
under this Section.
(Source: P.A. 99-765, eff. 1-1-17.)
(820 ILCS 180/25)
Sec. 25. Existing leave usable for addressing domestic
violence, sexual violence, or sexual harassment or sexual
violence. An employee who is entitled to take paid or unpaid
leave (including family, medical, sick, annual, personal, or
similar leave) from employment, pursuant to federal, State, or
local law, a collective bargaining agreement, or an employment
benefits program or plan, may elect to substitute any period of
such leave for an equivalent period of leave provided under
Section 20. The employer may not require the employee to
substitute available paid or unpaid leave for leave provided
under Section 20.
(Source: P.A. 96-635, eff. 8-24-09.)
(820 ILCS 180/30)
Sec. 30. Victims' employment sustainability; prohibited
discriminatory acts.
(a) An employer shall not fail to hire, refuse to hire,
discharge, constructively discharge, or harass any individual,
otherwise discriminate against any individual with respect to
the compensation, terms, conditions, or privileges of
employment of the individual, or retaliate against an

SB1829 - 52 - LRB101 10761 LNS 55883 b
individual in any form or manner, and a public agency shall not
deny, reduce, or terminate the benefits of, otherwise sanction,
or harass any individual, otherwise discriminate against any
individual with respect to the amount, terms, or conditions of
public assistance of the individual, or retaliate against an
individual in any form or manner, because:
(1) the individual involved:
(A) is or is perceived to be a victim of domestic
violence, sexual violence, or sexual harassment or
sexual violence;
(B) attended, participated in, prepared for, or
requested leave to attend, participate in, or prepare
for a criminal or civil court proceeding relating to an
incident of domestic violence, sexual violence, or
sexual harassment or sexual violence of which the
individual or a family or household member of the
individual was a victim, or requested or took leave for
any other reason provided under Section 20;
(C) requested an adjustment to a job structure,
workplace facility, or work requirement, including a
transfer, reassignment, or modified schedule, leave, a
changed telephone number or seating assignment,
installation of a lock, or implementation of a safety
procedure or any other reasonable accommodation in
response to actual or threatened domestic violence,
sexual violence, or sexual harassment or sexual

SB1829 - 53 - LRB101 10761 LNS 55883 b
violence, regardless of whether the request was
granted; or
(D) is an employee whose employer is subject to
Section 21 of the Workplace Violence Prevention Act; or
(2) the workplace is disrupted or threatened by the
action of a person whom the individual states has committed
or threatened to commit domestic violence, sexual
violence, or sexual harassment or sexual violence against
the individual or the individual's family or household
member.
(b) In this Section:
(1) "Discriminate", used with respect to the terms,
conditions, or privileges of employment or with respect to
the terms or conditions of public assistance, includes not
making a reasonable accommodation to the known limitations
resulting from circumstances relating to being a victim of
domestic violence, sexual violence, or sexual harassment
or sexual violence or a family or household member being a
victim of domestic violence, sexual violence, or sexual
harassment or sexual violence of an otherwise qualified
individual:
(A) who is:
(i) an applicant or employee of the employer
(including a public agency); or
(ii) an applicant for or recipient of public
assistance from a public agency; and

SB1829 - 54 - LRB101 10761 LNS 55883 b
(B) who is:
(i) or is perceived to be a victim of domestic
violence, sexual violence, or sexual harassment a
victim of domestic or sexual violence; or
(ii) with a family or household member who is a
victim of domestic violence, sexual violence, or
sexual harassment or sexual violence whose
interests are not adverse to the individual in
subparagraph (A) as it relates to the domestic
violence, sexual violence, or sexual harassment or
sexual violence;
unless the employer or public agency can demonstrate that
the accommodation would impose an undue hardship on the
operation of the employer or public agency.
A reasonable accommodation must be made in a timely
fashion. Any exigent circumstances or danger facing the
employee or his or her family or household member shall be
considered in determining whether the accommodation is
reasonable.
(2) "Qualified individual" means:
(A) in the case of an applicant or employee
described in paragraph (1)(A)(i), an individual who,
but for being a victim of domestic violence, sexual
violence, or sexual harassment or sexual violence or
with a family or household member who is a victim of
domestic violence, sexual violence, or sexual

SB1829 - 55 - LRB101 10761 LNS 55883 b
harassment or sexual violence, can perform the
essential functions of the employment position that
such individual holds or desires; or
(B) in the case of an applicant or recipient
described in paragraph (1)(A)(ii), an individual who,
but for being a victim of domestic violence, sexual
violence, or sexual harassment or sexual violence or
with a family or household member who is a victim of
domestic violence, sexual violence, or sexual
harassment or sexual violence, can satisfy the
essential requirements of the program providing the
public assistance that the individual receives or
desires.
(3) "Reasonable accommodation" may include, but is not
limited to, an adjustment to a job structure, workplace
facility, or work requirement, including a transfer,
reassignment, or modified schedule, leave, a changed
telephone number or seating assignment, installation of a
lock, or implementation of a safety procedure, or
assistance in documenting domestic violence, sexual
violence, or sexual harassment or sexual violence that
occurs at the workplace or in work-related settings, in
response to actual or threatened domestic violence, sexual
violence, or sexual harassment or sexual violence.
(4) Undue hardship.
(A) In general. "Undue hardship" means an action

SB1829 - 56 - LRB101 10761 LNS 55883 b
requiring significant difficulty or expense, when
considered in light of the factors set forth in
subparagraph (B).
(B) Factors to be considered. In determining
whether a reasonable accommodation would impose an
undue hardship on the operation of an employer or
public agency, factors to be considered include:
(i) the nature and cost of the reasonable
accommodation needed under this Section;
(ii) the overall financial resources of the
facility involved in the provision of the
reasonable accommodation, the number of persons
employed at such facility, the effect on expenses
and resources, or the impact otherwise of such
accommodation on the operation of the facility;
(iii) the overall financial resources of the
employer or public agency, the overall size of the
business of an employer or public agency with
respect to the number of employees of the employer
or public agency, and the number, type, and
location of the facilities of an employer or public
agency; and
(iv) the type of operation of the employer or
public agency, including the composition,
structure, and functions of the workforce of the
employer or public agency, the geographic

SB1829 - 57 - LRB101 10761 LNS 55883 b
separateness of the facility from the employer or
public agency, and the administrative or fiscal
relationship of the facility to the employer or
public agency.
(c) An employer subject to Section 21 of the Workplace
Violence Prevention Act shall not violate any provisions of the
Workplace Violence Prevention Act.
(d) All information provided to the employer pursuant to
subsection (b) or (c), including a statement of the employee
and any other documentation, record, or corroborating
evidence, and the fact that the employee has requested or
obtained leave pursuant to this Section, shall be retained in
the strictest confidence by the employer, except to the extent
that disclosure is:
(1) requested or consented to in writing by the
employee; or
(2) otherwise required by applicable federal or State
law.
(Source: P.A. 98-766, eff. 7-16-14; 99-78, eff. 7-20-15.)
(820 ILCS 180/35)
Sec. 35. Enforcement; remedies.
(a) Department of Labor.
(1) The Director or his or her authorized
representative shall administer and enforce the provisions
of this Act. Any employee or a representative of employees

SB1829 - 58 - LRB101 10761 LNS 55883 b
who believes his or her rights under this Act have been
violated may, within 3 years after the alleged violation
occurs, file a complaint with the Department requesting a
review of the alleged violation. A copy of the complaint
shall be sent to the person who allegedly committed the
violation, who shall be the respondent. Upon receipt of a
complaint, the Director shall cause such investigation to
be made as he or she deems appropriate. The investigation
shall provide an opportunity for a public hearing at the
request of any party to the review to enable the parties to
present information relating to the alleged allegation.
The parties shall be given written notice of the time and
place of the hearing at least 7 days before the hearing.
Upon receiving the report of the investigation, the
Director shall make findings of fact. If the Director finds
that a violation did occur, he or she shall issue a
decision incorporating his or her findings and requiring
the party committing the violation to take such affirmative
action to abate the violation as the Director deems
appropriate, including:
(A) damages equal to the amount of wages, salary,
employment benefits, public assistance, or other
compensation denied or lost to such individual by
reason of the violation, and the interest on that
amount calculated at the prevailing rate;
(B) such equitable relief as may be appropriate,

SB1829 - 59 - LRB101 10761 LNS 55883 b
including but not limited to hiring, reinstatement,
promotion, and reasonable accommodations; and
(C) reasonable attorney's fees, reasonable expert
witness fees, and other costs of the action to be paid
by the respondent to a prevailing employee.
If the Director finds that there was no violation, he
or she shall issue an order denying the complaint. An order
issued by the Director under this Section shall be final
and subject to judicial review under the Administrative
Review Law.
(2) The Director shall adopt rules necessary to
administer and enforce this Act in accordance with the
Illinois Administrative Procedure Act. The Director shall
have the powers and the parties shall have the rights
provided in the Illinois Administrative Procedure Act for
contested cases, including, but not limited to, provisions
for depositions, subpoena power and procedures, and
discovery and protective order procedures.
(3) Intervention. The Attorney General of Illinois may
intervene on behalf of the Department if the Department
certifies that the case is of general public importance.
Upon such intervention the court may award such relief as
is authorized to be granted to an employee who has filed a
complaint or whose representative has filed a complaint
under this Section.
(b) Refusal to pay damages. Any employer who has been

SB1829 - 60 - LRB101 10761 LNS 55883 b
ordered by the Director of Labor or the court to pay damages
under this Section and who fails to do so within 30 days after
the order is entered is liable to pay a penalty of 1% per
calendar day to the employee for each day of delay in paying
the damages to the employee.
(c) An employee who believes his or her rights under this
Act or any rule adopted under this Act have been violated may,
within 3 years after the date of the last event constituting
the alleged violation for which the action is brought, file a
complaint with the Department of Labor or file a civil action.
In a claim filed in the circuit court, any employer that
violates this Act or any rule adopted under this Act is liable
to each affected individual for actual and compensatory
damages, punitive damages, and such equitable relief as may be
appropriate, in addition to reasonable attorney's fees,
reasonable expert witness fees, and other costs of the action
paid to the prevailing employee. A civil action may be brought
without first filing an administrative complaint.
(Source: P.A. 93-591, eff. 8-25-03.)
(820 ILCS 180/45)
Sec. 45. Effect on other laws and employment benefits.
(a) More protective laws, agreements, programs, and plans.
Nothing in this Act shall be construed to supersede any
provision of any federal, State, or local law, collective
bargaining agreement, or employment benefits program or plan

SB1829 - 61 - LRB101 10761 LNS 55883 b
that provides:
(1) greater leave benefits for victims of domestic
violence, sexual violence, or sexual harassment or sexual
violence than the rights established under this Act; or
(2) leave benefits for a larger population of victims
of domestic violence, sexual violence, or sexual
harassment or sexual violence (as defined in such law,
agreement, program, or plan) than the victims of domestic
violence, sexual violence, or sexual harassment or sexual
violence covered under this Act.
(b) Less protective laws, agreements, programs, and plans.
The rights established for employees who are victims of
domestic violence, sexual violence, or sexual harassment or
sexual violence and employees with a family or household member
who is a victim of domestic violence, sexual violence, or
sexual harassment or sexual violence under this Act shall not
be diminished by any federal, State or local law, collective
bargaining agreement, or employment benefits program or plan.
(Source: P.A. 93-591, eff. 8-25-03.)
Article 99.
Section 99-99. Effective date. This Act takes effect upon
becoming law.
SB1829 - 62 - LRB101 10761 LNS 55883 b
INDEX
Statutes amended in order of appearance