How Do 2026 Amendments to the Illinois Workplace Transparency Act Affect Me if I Make a Sexual Harassment Claim?

 Posted on January 08, 2026 in Sexual Harassment

If you are dealing with sexual harassment at work in DuPage County, new changes to Illinois law offer you stronger protections. On January 1, 2026, important updates to the Illinois Workplace Transparency Act took effect. These changes make it harder for employers to silence you if you speak up about harassment.

Understanding these new protections can help you feel more confident about reporting what is happening to you. Whether you are facing unwanted touching, inappropriate comments, or other forms of harassment, you now have more tools to protect yourself.

Our DuPage County sexual harassment attorneys take time to listen to our clients’ cases. When our clients are ready, we work to ensure cases of serious workplace harassment are brought to justice. Call us today for a private consultation.

What is the Workplace Transparency Act, and What Does It Do?

The Illinois Workplace Transparency Act (820 ILCS 96) is a law, first created about five years ago, that is meant to stop employers from trying to force you to stay quiet about workplace harassment and discrimination. Some employers used to make workers sign non-disclosure agreements or confidentiality clauses that prevented them from talking about harassment that happened at work. This made it difficult for victims to get help or warn others about dangerous situations.

The Workplace Transparency Act changed this by declaring certain confidentiality agreements illegal. Employers cannot stop you from reporting harassment to government agencies, testifying in court when required, or discussing workplace problems with your coworkers.

How Do the Updates to the Illinois Workplace Transparency Act Increase My Protections?

The updates to the Workplace Transparency Act give you three major new protections:

• Employers can no longer force you to sign confidentiality agreements about harassment to keep your job or to get a new one. Under 820 ILCS 96/1-25, any agreement like this is void. You cannot be fired for refusing to sign something that silences you.

• If you decide to settle a harassment claim, you now get real time to think about it. Under Section 820 ILCS 96/1-30, you get 21 days to review any settlement and seven days after signing to change your mind. Your employer must also prove in writing that confidentiality is what you want, not what they are forcing on you.

• You can now get "consequential damages" under Section 820 ILCS 96/1-35 if your employer breaks these rules. This means you can recover money for emotional distress, lost wages, and other harm the agreement caused you, plus your attorney fees.

These new protections give you real power to fight back against employers who try to violate the law. You should keep copies of any agreements your employer asks you to sign, along with emails and other documents.

Can Anyone Stop Me From Testifying About Harassment at Work?

No. Section 820 ILCS 96/1-40 is very clear that no agreement can take away your right to testify in court or other legal proceedings about sexual harassment if you are legally required to be there. This includes court cases, depositions, administrative hearings, and arbitration. Any agreement that tries to stop you from testifying is automatically void.

Call a DuPage County Sexual Harassment Lawyer Today

While the updates to the Workplace Transparency Act don’t guarantee that a sexual harassment claim will win in court, the 2026 changes give you stronger protections. You should feel encouraged and know that the law wants to protect employees. These updates make it much harder for employers to force you into silence and give you more options if they try.

If you are dealing with sexual harassment in the workplace, our Wheaton, IL sexual harassment attorneys can guide you through the proper steps to take. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our lawyers help clients who are experiencing sexual harassment. We know how the new 2026 changes affect your rights and can help you understand your options. Contact us at 630-665-7300 today to schedule your initial attorney meeting.