Employee Benefits

(Moeller, D-Elgin; Castro, D-Elgin) makes it unlawful for an employer to require an employee to sign a contract or waiver that would prohibit the employee from disclosing or discussing information about the employee’s wages, salary, benefits, or other compensation. It also makes it unlawful for an employer to seek the wage or salary history—including benefits or other compensation—of a job applicant from any current or former employer unless it is a matter of public record or if the job applicant is a current employee  and is applying for a position with the same current employer. Makes other changes. Takes effect 60 days after it becomes law or March 1, 2020. 

(Guzzardi, D-Chicago; Castro, D-Elgin) defines "employer" to include any person employing one (instead of 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. But "employer" does not include any place of worship with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the place of worship of its activities. Passed both chambers. Effective date of July 1, 2020.

(Moeller, D-Elgin; Castro, D-Elgin) amends the Equal Pay Act of 2003 to make it unlawful for an employer to require an employee to sign a contract or waiver that would prohibit the employee from disclosing or discussing information about the employee’s wages, salary, benefits, or other compensation. It also makes it unlawful for an employer to seek the wage or salary history, including benefits or other compensation, of a job applicant from any current or former employer with exceptions if it is a matter of public record or if the job applicant is a current employee and is applying for a position with the same current employer. Makes other changes. Sent to the Governor and would take effect 60 days after it becomes law (March 1, 2020). 
 

(Bush, D-Grayslake; Ann Williams, D-Chicago) prohibits an employer from requiring an employee or prospective employee as a precondition of employment to enter into an agreement or waiver that (1) prevents him or her from disclosing alleged unlawful employment practices, including sexual harassment, discrimination or retaliation; or (2) requires him or her to waive, arbitrate, or otherwise diminish any future claim related to unlawful employment practices. Voids any agreement or waiver to the extent it denies a substantive or procedural right or remedy. 

It does allow the parties to enter into: (1) an agreement or waiver if mutually agreed to and complies with certain disclosure and reporting requirements; and (2) a valid and enforceable confidential settlement agreements related to alleged unlawful employment practices if the parties comply with certain requirements designed to protect the employee and prospective employee. Provides for attorney’s fees and costs for a violation of the Act.

Amends The Human Right Act by defining “harassment” and prohibiting harassment and sexual harassment of nonemployees in the workplace. Holds the employer responsible for harassment or sexual harassment of nonemployees under certain conditions. Amends unlawful discrimination to be what is “actual or perceived” in the context of race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable discharge from the military. Expands “working environment” to be outside of the physical location to which an employee is assigned to perform their duties. Creates employer disclosure requirements regarding settlements of such claims. Requires the Illinois Department of Human Rights to develop a model sexual harassment prevention training program and to make it available to employers online at no cost. Every employer must use the model created or develop their own that must be the same or better than the Department’s and train their employees on a yearly basis subject to civil penalties for non-compliance. Provides for additional training and safety measures for employees of restaurants and bars to be available in English and Spanish.   

Amends The Victims’ Economic Security and Safety Act to define “gender violence” and include it as an entitlement for leave from employment that currently includes only domestic violence and sexual violence. 

Passed both chambers. Effective January 1, 2020.