With the new year approaching, Illinois employers should be mindful of recent amendments to the Illinois Workplace Transparency Act (IWTA). These amendments, which take effect on January 1, 2026, provide additional protections for employees in connection with a variety of employment agreements.
The IWTA prohibits employers from including in certain employment agreements language that prevents a former, current, or prospective employee from “making truthful statements or disclosures about alleged unlawful employment practices.”1 The IWTA also prohibits non-negotiable confidentiality obligations, waivers, and mandatory arbitration of allegations of discrimination, harassment, or retaliation.2 Such provisions are void unless the agreement demonstrates that the employer and employee mutually agreed to them.3
The IWTA applies to all employers in Illinois, as defined by the Illinois Human Rights Act (IHRA).4 As such, the IWTA applies to any employer with one or more employees within Illinois during 20 or more calendar weeks in the calendar year of or before the alleged violation.
The IWTA’s protections apply to current, prospective or former full-time employees, part-time employees, apprentices, and unpaid interns. Protections extend to non-employees such as consultants and independent contractors who perform work for the employer pursuant to a contract.
The IWTA does not apply to collective bargaining...
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