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When a mandatory arbitration agreement or confidentiality or non-
disparagement provision is included in a settlement or separation
agreement, the following additional criteria must be satisfied:

1. The provision must not cover claims of unlawful employment
practices that accrue after the execution of the contract or
settlement.
2. The employee must be given 21 days to review the contract
prior to execution.
3. The employee must be given seven days after execution to
revoke the agreement. [3]

If these criteria are not met, the agreement (or relevant provision)
will be voided and, if applicable, severed from any other enforce-
able contractual provisions. Lastly, the amendment clarifies that the IHRA’s definition of
“working environment” is not limited to the physical location
Employer Disclosure Requirements where an individual is assigned to perform his or her duties.
Beginning July 1, 2020, and by July 1 of every year thereafter, the With this clarification, Illinois employers are put on notice
WTA requires Illinois employers to disclose the following informa- that an intimidating, hostile, or offensive working environ-
tion annually to the IDHR: ment can occur as a result of conduct that occurs outside of
• The total number of adverse judgments or administrative rulings the physical location where an employee or non-employee is
against the employer during the preceding year in any discrimi- assigned to work.
nation case under federal or state law
• Whether any equitable relief was ordered against the employer Protected Leave for Victims of Gender Violence
in any adverse judgment or administrative ruling The WTA also amends VESSA to add a category of protection for
• The number of adverse judgments or administrative rulings, victims of gender violence or employees who have families or
broken down by protected category household members who are victims of gender violence. “Gender
violence” is defined as an act of violence that occurs, even in part,
Further, the WTA permits an IDHR investigator to require an
on the basis of a person’s actual or perceived sex or gender, and
employer to produce the total number of settlements entered over
physical intrusions or invasions of a sexual nature under coercive
a five-year period involving any alleged act of sexual harassment
conditions, or credible threats of the same. As amended, affected
or unlawful discrimination.
employees will receive the same job-protected leave as other vic-
tims of domestic or sexual violence previously covered by VESSA
Amendments to the Illinois Human Rights Act
(the amount of leave depends on the size of the employer).
The WTA amends the IHRA to broaden the definitions of
employee, harassment and discrimination, and working environ-
ment, effective January 1, 2020.
[1] The definition of employer under the IHRA was amended earlier this year
to cover “any person employing one or more employees within Illinois during
As amended, the definition of employee under the IHRA includes
20 or more calendar weeks within the calendar year of or preceding the
non-employees such as contractors or consultants. Accordingly, a
alleged violation.”
contractor or consultant will now be able to bring a harassment
claim against the entity that contracted with him or her based on [2] Bars, restaurants, hotels, and casinos are subject to additional policy,
alleged harassment or discrimination. training, and reporting requirements.
[3] The WTA’s review and revocations periods parallel those found in the
The amendment also allow employees (and non-employees) to
Older Workers Benefit Protection Act (OWBPA), which provides limitations on
bring harassment and discrimination claims under the IHRA based waivers of age discrimination claims under the federal Age Discrimination in
on an employer’s “perception” that an individual belongs to a pro- Employment Act (ADEA). As with the OWBPA, the 21-day review period can
tected category. Previously such “regarded as” claims were limited be itself waived if the current or former employee (or non-employee) elects to
to allegations of disability discrimination. execute the contract prior to the expiration of the review period.

ABOUT THE AUTHORS
ABOUT THE AUTHORS
Resolving complex labor and employment disputes is
Michael P. Wissa works with a wide range of
corporate clients and employers in all phases of labor the foundation of Derek Barella’s practice. He
counsels clients on federal and state labor and
and employment law, including representing manage-
ment in matters pertaining to collective bargaining, employment laws, and frequently defends claims in
state and federal trial and appellate courts, as well as
employee discipline, harassment and discrimination, before arbitrators and administrative agencies such
onboarding and separation of employment, wage and
hour laws, and employment contracts. as the NLRB, EEOC, and U.S. Department of Labor.
Schiff Hardin LLP is a general practice law firm representing clients across the United States and around the world. We have offices located in Ann
Arbor, Chicago, Lake Forest, New York, Newport Beach, San Francisco and Washington. Our attorneys are strong advocates and trusted advisers —
roles that contribute to many lasting client relationships. For more information visit schiffhardin.com.