Illinois has enacted significant amendments to the Workplace Transparency Act (WTA), effective January 1, 2026, that will materially affect employment, separation, and settlement agreements with Illinois employees, applicants, contractors, and consultants. The amendments broaden what constitutes an “unlawful employment practice,” add protections for “concerted activity,” prohibit certain unilateral agreement terms, tighten requirements for confidentiality in separation and settlement agreements, expand participation rights in legal proceedings, and increase available remedies. Employers may want to prepare now to update templates, policies, and processes in advance of the effective date.
Quick Hits
What’s Changing
Broader definition of “unlawful employment practice.” Previously focused on discrimination, harassment, and retaliation, the WTA will now cover any practice unlawful under state or federal employment laws, including those enforced by the Illinois Department...
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