IllinoisHB3638104th General Assembly (2025–2026)House

WORK TRANSPARENCY-CONFIDENTIAL

Sponsored By: Sponsor information unavailable

Signed by Governor

Summary

Amends the Workplace Transparency Act. Provides that no contract, agreement, clause, covenant, waiver, or other document shall prohibit, prevent, or otherwise restrict an employee, prospective employee, or former employee from engaging in concerted activities to address work-related issues. Provides that any agreement, clause, covenant, or waiver that is a mutual condition of employment or continued employment may include provisions that would otherwise be against public policy if it acknowledges the right of the employee or prospective employee to engage in concerted activities to address work-related issues. Provides that an employee, prospective employee, or former employee and an employer may enter into a valid and enforceable settlement or termination agreement that includes promises of confidentiality related to alleged unlawful employment practices if the confidentiality provision expires no later than 5 years after the alleged unlawful employment practices occurred. Provides for the recovery of consequential damages incurred in challenging a contract for violation of the Act. Makes other changes.

labor & commerceassignmentslabor

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 1 costs, 2 mixed.

Workers can recover damages and legal costs

Current workers, former workers, and job seekers can recover losses caused by violations, plus reasonable attorney fees and court costs. Recovery requires a final ruling in their favor that can no longer be appealed. This covers challenges to contract terms under the Act and defenses against covered confidentiality-breach claims. Failure to follow the Act's procedures for mutual agreements or confidentiality creates a presumption of noncompliance that the other party can contest. Award amounts depend on the case; the law sets no fixed payment.

Workers gain stronger rights to speak

Contracts cannot stop current workers, former workers, or job seekers from reporting alleged unlawful conduct to government officials. They also cannot block protected group action on work issues. Non-negotiable job terms cannot block truthful statements about alleged unlawful employment practices or prohibit or punish protected group action. The law covers actionable violations of Illinois discrimination law, federal civil rights law, and other state or federal employment laws. Agreements cannot waive testimony about alleged crimes or unlawful employment practices by the other party, its agents, or employees. This covers administrative, legislative, arbitration, and court proceedings, including depositions, when attendance follows a court order, subpoena, or written agency or legislative request.

Some union contracts fall outside these protections

The Workplace Transparency Act excludes collective bargaining agreements governed by the Illinois Public Labor Relations Act or National Labor Relations Act. A valid collective bargaining agreement controls when it conflicts with the Act. More broadly, the Act applies only to contracts entered into, changed, or extended on or after its effective date. It does not change whether someone is an employee under other state or federal laws.

Workers gain safeguards for negotiated job terms

Employers cannot impose non-negotiable job terms that waive, force arbitration of, or reduce employment claims while denying legal rights or remedies. This includes shorter filing deadlines, non-Illinois law for Illinois workers' claims, and hearings outside Illinois when they deny those protections. Some otherwise barred terms are allowed in written agreements negotiated in good faith, with both sides knowingly exchanging something of value. These agreements must recognize rights to report good-faith allegations, participate in employment-law proceedings, make legally required disclosures, seek confidential legal advice, and take protected group action.

Workers get safeguards before accepting confidentiality

Current workers, former workers, and job seekers can agree to keep alleged unlawful employment practices confidential in settlement or termination agreements. Confidentiality must be their documented preference, benefit both sides, and provide something of value separate from the exchange for releasing claims. Employers cannot declare that preference for them and must give written notice of the right to attorney or representative review. The written agreement cannot waive claims arising after signing or restrict future protected group action about workplace conditions. Workers get 21 calendar days to review and 7 calendar days after signing to revoke. They can knowingly and voluntarily sign sooner or waive the revocation period. Confidentiality promises that violate these safeguards are unenforceable, while the rest of the agreement remains enforceable.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

  • Ann M. Williams

    Democratic • House

  • Cristina Castro

    Democratic • Senate

  • Javier L. Cervantes

    Democratic • Senate

  • Laura Fine

    Democratic • Senate

  • Linda Holmes

    Democratic • Senate

  • Mary Edly-Allen

    Democratic • Senate

  • Meg Loughran Cappel

    Democratic • Senate

  • Sharon Chung

    Democratic • House

  • Yolonda Morris

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 400 • No: 116

House vote • 5/31/2025

Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Labor & Commerce Committee;

Yes: 19 • No: 10

House vote • 5/31/2025

Senate Committee Amendment No. 1 House Concurs

Yes: 93 • No: 22

House vote • 5/31/2025

Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Labor & Commerce Committee;

Yes: 19 • No: 10

House vote • 5/31/2025

Senate Floor Amendment No. 2 House Concurs

Yes: 93 • No: 22

Senate vote • 5/30/2025

Third Reading - Passed;

Yes: 52 • No: 2

Senate vote • 5/27/2025

Senate Floor Amendment No. 2 Recommend Do Adopt Labor;

Yes: 18 • No: 0

Senate vote • 5/14/2025

Do Pass as Amended Labor;

Yes: 10 • No: 5

House vote • 4/8/2025

Third Reading - Short Debate - Passed

Yes: 77 • No: 37

House vote • 3/19/2025

Do Pass as Amended / Short Debate Labor & Commerce Committee;

Yes: 19 • No: 8

Actions Timeline

  1. Public Act . . . . . . . . . 104-0320

    8/15/2025House
  2. Effective Date January 1, 2026

    8/15/2025House
  3. Governor Approved

    8/15/2025House
  4. Sent to the Governor

    6/24/2025House
  5. Added as Alternate Co-Sponsor Sen. Meg Loughran Cappel

    6/4/2025Senate
  6. Added as Alternate Co-Sponsor Sen. Mary Edly-Allen

    5/31/2025Senate
  7. Passed Both Houses

    5/31/2025House
  8. House Concurs

    5/31/2025House
  9. Senate Floor Amendment No. 2 House Concurs 093-022-000

    5/31/2025House
  10. Senate Committee Amendment No. 1 House Concurs 093-022-000

    5/31/2025House
  11. Added Co-Sponsor Rep. Sharon Chung

    5/31/2025House
  12. Added Co-Sponsor Rep. Yolonda Morris

    5/31/2025House
  13. Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; 019-010-000

    5/31/2025House
  14. Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Labor & Commerce Committee; 019-010-000

    5/31/2025House
  15. Senate Floor Amendment No. 2 Motion to Concur Rules Referred to Labor & Commerce Committee

    5/31/2025House
  16. Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Labor & Commerce Committee

    5/31/2025House
  17. Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee

    5/30/2025House
  18. Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee

    5/30/2025House
  19. Senate Floor Amendment No. 2 Motion Filed Concur Rep. Ann M. Williams

    5/30/2025House
  20. Senate Committee Amendment No. 1 Motion Filed Concur Rep. Ann M. Williams

    5/30/2025House
  21. Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 2

    5/30/2025House
  22. Arrived in House

    5/30/2025House
  23. Third Reading - Passed; 052-002-000

    5/30/2025Senate
  24. Placed on Calendar Order of 3rd Reading

    5/30/2025Senate
  25. Senate Floor Amendment No. 2 Adopted; Fine

    5/30/2025Senate

Bill Text

  • Engrossed

  • Enrolled

  • House Amendment 1

  • Introduced

  • Senate Amendment 1

  • Senate Amendment 2

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