On August 15, 2025, Governor J.B. Pritzker signed House Bill 3638 into law amending the Illinois Workplace Transparency Act (IWTA). These amendments, which take effect June 1, 2026, expand employee protections...
On August 15, 2025, Governor J.B. Pritzker signed House Bill 3638 into law amending the Illinois Workplace Transparency Act (IWTA). These amendments, which take effect June 1, 2026, expand employee protections by broadening definitions, tightening restrictions on certain contractual provisions, and altering available remedies for employees bringing actions against employers for violations of the IWTA.
Overview of the IWTA
Originally enacted in 2019, the IWTA protects employees who truthfully report an alleged "unlawful employment practice" (i.e., discrimination and harassment) in the workplace by limiting employers' ability to use broad non-disclosure and non-disparagement provisions in employment, separation, and settlement agreements. The law aims to ensure that employees can speak out by prohibiting unilateral contract terms that would otherwise prevent them from reporting or pursuing claims under Illinois law.
Expanded Definition of "Unlawful Employment Practice" and Introduction of New "Concerted Activity" Protections
The amendments to the IWTA expand the scope of what may constitute an "unlawful employment practice," now encompassing a wider range of workplace topics such as wage and hour violations, safety concerns, and other regulatory matters, in addition...
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