SPRINGFIELD – To support victims and witnesses of workplace harassment and discrimination, State Senator Laura Fine championed a measure to clarify unlawful labor practices.

“Bolstering the Illinois workforce and attracting new employees can only happen when workers have a fair work environment,” said Fine (D-Glenview). “In the event of harassment or discrimination against an employee, the victim and potential witnesses deserve to feel safe and taken seriously when reporting the issue.”

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 not feel their choices are limited when facing workplace conflict,” said Fine. “This measure not only invests employee rights, it also encourages employers to enforce fair labor practices.”

House Bill 3638 passed the Senate on Friday.