How HB 3638 changes current law

Compared against the Illinois Compiled Statutes as published AI-generated reading aid — verify against the official bill.

The bill modifies the Workplace Transparency Act to clarify the definitions and conditions regarding employment agreements, particularly in relation to unlawful employment practices and concerted activities.

• 820 ILCS 96/1-5

  and violations of State or federal employment laws. → and harassment, and violations of State or federal employment laws.

  The purpose of the Act is broadened to explicitly include 'harassment' alongside 'discrimination'.

• 820 ILCS 96/1-10

  collective bargaining agreements that are → collective bargaining agreements contracts that are

  Clarifies the terminology by changing 'agreements' to 'agreements contracts' regarding collective bargaining.

• 820 ILCS 96/1-15

  that is actionable under Article 2 of the Illinois Human Rights Act, Title VII of the Civil Rights Act of 1964, or any other State or federal rule or law governing employment, including those that are enforced by the Illinois Department of Human Rights, Illinois Department of Labor, Illinois Labor Relations Board, Equal Employment Opportunity Commission, United States Department of Labor, Occupational Safety and Health Administration, or National Labor Relations Board. → that is form of unlawful discrimination, harassment, or retaliation that is actionable under Article 2 of the Illinois Human Rights Act, Title VII of the Civil Rights Act of 1964, or any other related State or federal rule or law governing employment, including those that are is enforced by the Illinois Department of Human Rights, Illinois Department of Labor, Illinois Labor Relations Board, or the Equal Employment Opportunity Commission, United States Department of Labor, Occupational Safety and Health Administration, or National Labor Relations Board.

  Updates the definition of 'Unlawful employment practice' to include 'retaliation' and corrects phrases related to enforcement.

• 820 ILCS 96/1-25

  to address work-related issues. → to address work-related issues and severable from an otherwise valid and enforceable contract under this Act.

  Establishes public policy against unilateral conditions that prevent disclosures about unlawful practices.

• 820 ILCS 96/1-30

  confidentiality related to alleged unlawful employment practices, other than future or prospective concerted activity related to workplace conditions, so long as: → confidentiality related to alleged unlawful employment practices, other than future or prospective concerted activity related to workplace conditions, so long as:

  Clarifies conditions under which settlement or termination agreements can include confidentiality.

• 820 ILCS 96/1-30

  or terminate the employment relationship. → should be mutually agreed upon to maintain employee rights.

  Ensures employee rights are maintained during settlement negotiations.