AUTHORITY: Implementing Section 15(d) of the Equal Pay Act of 2003 [820 ILCS 112/15(d)] and authorized by Section 7-101(A) of the Illinois Human Rights Act [775 ILCS 5/7-101(A)].

SOURCE: Adopted at 39 Ill. Reg. 14030, effective October 6, 2015.

SUBPART A: INTERPRETATIONS

 

Section 325.10  Purpose

 

This Part shall apply to actions filed with the Department of Labor on or after January 1, 2015 under the Equal Pay Act of 2003 [820 ILCS 112], if the action also alleges a violation of the Illinois Human Rights Act [775 ILCS 5]. IDOL will refer these actions to IDHR for investigation pursuant to Section 15(d) of the Equal Pay Act of 2003.

 

Section 325.20  Definitions

 

The following definitions shall only apply to this Part.

 

EPA – the Equal Pay Act of 2003 [820 ILCS 112].

 

EPA Complaint – an allegation of a violation of the EPA filed with IDOL.

 

EPA Complainant – a person who files an EPA Complaint or EPA Referred Complaint.

 

EPA Referred Complaint – an EPA Complaint that is referred to IDHR pursuant to this Part.

 

EPA Respondent – an employer against whom an EPA Complaint or EPA Referred Complaint has been filed.

 

IDHR – Illinois Department of Human Rights.

 

IDHR Charge of Discrimination – a formalized charge of discrimination that satisfies the requirements of IDHR's 56 Ill. Adm. Code 2520.330.

 

IDOL – Illinois Department of Labor.

 

IDOL Referral Notice – a Notice from IDOL advising the EPA Complainant and EPA Respondent that:

 

an EPA Complaint has been received by IDOL and has been referred to IDHR for investigation pursuant to EPA Section 15(d);

 

IDHR is the State agency responsible for initially investigating the EPA Complaint and that the investigation shall be conducted pursuant to rules and procedures adopted by IDHR;

 

IDOL retains jurisdiction over the EPA Complaint during IDHR's investigation, but will take no action on the EPA Complaint until IDHR completes its investigation;

 

IDOL will review IDHR's Investigation Report and any evidence obtained by IDHR and conduct any further investigation, it deems necessary to determine whether a violation of the EPA occurred; and

 

the EPA Complainant's failure to cooperate with IDHR, including formalizing the IDHR Charge of Discrimination, may result in the dismissal of the EPA Referred Complaint for failure to cooperate.

 

IHRA − Illinois Human Rights Act [775 ILCS 5].

 

Party – the EPA Complainant or EPA Respondent.

 

Section 325.30  IDOL and IDHR Agency Relationship

 

For the purposes of accepting, investigating and referring EPA Complaints filed with IDOL pursuant to this Part, IDHR shall be the agent of IDOL and IDOL shall be the agent of IDHR.

 

Section 325.40  Access to Investigation Records and Files

 

a)         Requests for access to the investigation records and files must be submitted to each respective agency. 

 

b)         Any request for a copy of, or to inspect, a closed IDHR investigation record or file must be submitted to IDHR pursuant to either IDHR's 2 Ill. Adm. Code 926.210 or the Freedom of Information Act [5 ILCS 140].

 

c)         Any request for a copy of, or to inspect, a closed IDOL investigative record or file must be submitted, in writing, to IDOL pursuant to the Freedom of Information Act. 

SUBPART B: PROCESSING BY IDOL OF AN EPA REFERRED COMPLAINT

 

Section 325.100  Criteria for Referral to IDHR

 

IDOL may refer an EPA Complaint to IDHR pursuant to EPA Section 15(d) if the EPA Complaint meets the following criteria:

 

a)         The EPA Complaint alleges facts that, if proven, would also constitute a violation of the IHRA or if, during the investigation of the EPA Complaint by IDOL, IDOL discovers evidence of a violation of the IHRA; 

 

b)         The EPA Complaint was filed with IDOL within 180 days after the alleged violation;

 

c)         The EPA Respondent has 15 or more employees, or is the State, a political subdivision of the State, or a municipal corporation or other governmental unit or agency; and

 

d)         The EPA Complainant has indicated to IDOL a desire to also file an IDHR Charge of Discrimination or the EPA Complainant has already filed an IDHR Charge of Discrimination with IDHR.

 

Section 325.110  Intake of the EPA Complaint

 

a)         After receipt of the EPA Complaint, IDOL will review the EPA Complaint and determine whether the criteria for referral to IDHR set forth in Section 325.100 of this Subpart has been satisfied. 

 

b)         If IDOL determines that the criteria for referral have not been satisfied, IDOL will process the EPA Complaint pursuant to IDOL's 56 Ill. Adm. Code 320.

 

c)         If IDOL determines that the criteria for referral have been satisfied, IDOL will refer the EPA Complaint to IDHR pursuant to Section 325.120.

 

Section 325.120  Referral of the EPA Complaint

 

a)         After determining that the EPA Complaint meets the criteria for referral to IDHR, IDOL will submit a copy of the EPA Complaint, along with any supporting documentation received by IDOL, to IDHR at its Chicago Office.

 

b)         Once the EPA Complaint has been referred to IDHR, IDHR becomes the State agency responsible for initially investigating the EPA Complaint, and the investigation will be conducted pursuant to IDHR rules and procedures.

 

c)         IDOL will retain jurisdiction over the EPA Referred Complaint but will take no action on the EPA Referred Complaint until after IDHR completes its investigation and provides IDOL with its investigation report.

 

Section 325.130  Disclosure of the EPA Complainant's Identity

 

Nothing in 56 Ill. Adm. Code 320 shall be deemed to restrict IDOL from disclosing the identity of the EPA Complainant to IDHR or to require IDHR to keep the EPA Complainant's identity confidential.

 

Section 325.140  EPA Complaints Returned by IDHR

 

If IDHR does not accept the EPA Complaint and returns the EPA Complaint to IDOL pursuant to Section 325.200(c), IDOL will process the EPA Complaint pursuant to 56 Ill. Adm. Code 320.

 

Section 325.150  IDHR's Investigation Findings

 

a)         Upon receipt of IDHR's investigation report, IDOL will review that report and any evidence obtained by IDHR to determine whether a violation of the EPA has occurred.

 

b)         If IDOL determines that further investigation of the EPA Complaint is warranted, IDOL will conduct any further investigation it deems necessary.

 

c)         If, after reviewing IDHR's investigation report and any other evidence obtained by IDHR or IDOL, IDOL determines that a violation of the EPA has occurred, IDOL will issue a reasonable cause determination pursuant to 56 Ill. Adm. Code 320.330(a)(1).

 

d)         If, after reviewing IDHR's investigation report and any other evidence obtained by IDHR or IDOL, IDOL determines that there is insufficient evidence that a violation of the EPA occurred, IDOL will issue a no reasonable cause determination pursuant to 56 Ill. Adm. Code 320.330(a)(2).

 

e)         In determining whether a violation of the EPA has occurred, IDOL is not bound by any findings of fact or law made by IDHR in its final determination of the IDHR Charge of Discrimination.

 

f)         Neither IDHR nor the Illinois Human Rights Commission shall have the authority to review IDOL's findings as to the EPA Complaint.

 

Section 325.160  Withdrawal of the IDHR Charge of Discrimination

 

a)         If an EPA Complainant withdraws the IDHR Charge of Discrimination prior to IDOL issuing a final determination as to the EPA Complaint, withdrawal of the IDHR Charge of Discrimination will also constitute a withdrawal of the EPA Complaint and IDOL will close the EPA Complaint.

 

b)         IDOL will notify all parties in writing of the closure of the EPA Complaint after receipt of a notice of withdrawal from IDHR.

 

c)         The closure of an EPA Complaint pursuant to this Subpart does not preclude IDOL from pursuing a complaint on its own motion based on the same facts.

 

Section 325.170  Settlement

 

a)         If the parties settle the IDHR Charge of Discrimination prior to IDOL issuing a final determination, settlement of the IDHR Charge of Discrimination will also constitute a settlement of the EPA Complaint, and IDOL will close the EPA Complaint after receipt of a notice of the settlement from IDHR.

 

b)         The closure of an EPA Complaint pursuant to this Section does not affect the processing of complaints alleging similar violations of the EPA made by other complainants.

SUBPART C: PROCESSING BY IDHR OF AN EPA REFERRED COMPLAINT

 

Section 325.200  Receipt of an EPA Referred Complaint

 

a)         Upon receipt of the EPA Referred Complaint from IDOL, IDHR will docket the EPA Complaint as an unperfected charge of discrimination pursuant to IDHR's 56 Ill. Adm. Code 2520.350.  The filing date for the unperfected charge shall relate back to the filing date of the EPA Complaint with IDOL.

 

b)         After receipt of the EPA Referred Complaint from IDOL, IDHR will review the EPA Complaint and determine whether the criteria for referral to IDHR set forth in Section 325.100 have been satisfied. 

 

c)         If IDHR determines that the criteria for referral to IDHR have not been satisfied, IDHR will return the EPA Referred Complaint to IDOL and administratively close IDHR's case.

 

d)         If IDHR determines that the criteria for referral to IDHR have been satisfied, IDHR will accept the EPA Referred Complaint.

 

Section 325.210  IDHR's Acceptance of the EPA Referred Complaint

 

a)         After IDHR accepts the EPA Referred Complaint from IDOL, IDHR will formalize an IDHR Charge of Discrimination for the EPA Complainant to sign and notarize, pursuant to IDHR's 56 Ill. Adm. Code 2520.330. 

 

b)         If the EPA Complainant fails to sign and notarize the IDHR Charge of Discrimination or otherwise cooperate with IDHR, IDHR may dismiss the charge for the EPA Complainant's failure to cooperate.

 

c)         Dismissal of the IDHR Charge of Discrimination for the EPA Complainant's failure to cooperate will also constitute a dismissal of the EPA Complaint.

 

Section 325.220  Notice of Referral

 

a)         After receipt of the formalized IDHR Charge of Discrimination, IDHR will notify the parties and IDOL of the filing of the EPA Referred Complaint and the IDHR Charge of Discrimination.

 

b)         IDHR's Notice of Charge of Discrimination will include an IDOL Referral Notice from IDOL. 

 

Section 325.230  Duplicate IDHR Charges of Discrimination

 

a)         If, prior to docketing the EPA Complaint, IDHR discovers that the EPA Complainant has already filed an IDHR Charge of Discrimination with IDHR alleging the same or similar facts as alleged in the EPA Complaint, IDHR will consolidate the EPA Complaint with the existing IDHR Charge of Discrimination and issue a notice to the parties pursuant to Section 325.220.

 

b)         If, after docketing the EPA Complaint, IDHR discovers that the EPA Complainant has filed an IDHR Charge of Discrimination separately with IDHR alleging the same or similar facts as alleged in the EPA Complaint, IDHR will administratively close the newly docketed IDHR Charge of Discrimination, consolidate the EPA Complaint with the existing IDHR Charge of Discrimination, and issue a notice to the parties pursuant to Section 325.220.

 

Section 325.240  IDHR Investigation

 

a)         IDHR will conduct its investigation pursuant to IHRA Sections 7A-102(A) and (B) through (G) and its 56 Ill. Adm. Code 2520.

 

b)         IDHR will determine whether there is substantial evidence of a violation of the IHRA as to the IDHR Charge of Discrimination.  IDHR's findings will be processed according to IHRA Sections 7A-102(D) through (G).  IDHR's findings as to the IDHR Charge of Discrimination are not a finding on the EPA Complaint and shall not preclude IDOL from rendering any findings of fact or law it deems appropriate on the EPA Complaint under the EPA.

 

c)         At least 10 calendar days prior to issuance of IDHR's investigation report to the parties, IDHR will provide a copy of the report to IDOL.  IDOL may review IDHR's investigation file and any other evidence obtained by IDHR or IDOL to assist IDOL in making its determination under the EPA.

 

d)         IDOL shall not have the authority to review IDHR's findings as to the IDHR Charge of Discrimination.

 

Section 325.250  Withdrawal of the IDHR Charge of Discrimination

 

a)         An EPA Complainant may withdraw the IDHR Charge of Discrimination.  In order to withdraw the IDHR Charge of Discrimination, the EPA Complainant must submit a signed withdrawal form identifying the parties' names and IDHR's charge number.  The withdrawal form will notify the parties that withdrawal of the IDHR Charge of Discrimination will also serve as a withdrawal of the EPA Complaint, unless the IDOL has already issued its determination.

 

b)         Upon receiving a properly submitted withdrawal form, IDHR will administratively close the IDHR Charge of Discrimination pursuant to 56 Ill. Adm. Code 2520.550 and provide notice of the withdrawal to IDOL.

 

c)         Withdrawal of the IDHR Charge of Discrimination by the EPA Complainant will also serve as a withdrawal of the EPA Complaint, unless IDOL has already issued its determination.

 

Section 325.260  Settlement

 

a)         The parties may settle the IDHR Charge of Discrimination prior to IDHR issuing a final determination or prior to the filing of a complaint with the Illinois Human Rights Commission after a finding of substantial evidence.

 

b)         If the parties settle the IDHR Charge of Discrimination prior to IDHR issuing a final determination, IDOL will close the EPA Complaint and provide notice of the settlement to IDOL.