SPRINGFIELD – To broaden protections for employees speaking out against issues like harassment and discrimination, State Senator Laura Fine is leading a measure to clarify employees’ rights. The measure focuses on unlawful practices and provides protections from unfair labor practices.

“As we work to provide more opportunities to Illinoisans, we must also expand efforts to promote safety and justice in the workforce,” said Fine (D-Glenview). “In the unfortunate case an employee faces unlawful employment practices, we want to ensure their voices are protected when reporting workplace harassment.”

Current law provides essential protections by barring employers from requiring their workers to maintain confidentiality agreements regarding employment discrimination. Building on these efforts, Fine’s measure would include crucial safeguards for victims of harassment in the workplace by prohibiting employers from imposing unlawful restrictions on their employees through workplace confidentiality agreements.

House Bill 3638 would require fairly negotiated confidentiality agreements to include a disclaimer regarding an employee’s right to participate in legal proceedings related to illegal employment practices, including their right to engage in activities to address work-related issues. It would also enable an employee to collect attorney’s fees and costs associated with a successful defense.

“Employees should be given the right to disclose incidents of workplace harassment and discrimination without the added challenge of violating a confidentiality clause in their non-disclosure agreement,” said Fine. “This measure works to protect employees from unfair workplace environments and empowers them to achieve justice and safety for themselves and future employees.”

House Bill 3638 passed the Senate Labor Committee on Tuesday.