Public Act 100-1140
 
HB4743 EnrolledLRB100 18833 JLS 34075 b


  
    AN ACT concerning employment.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Equal Pay Act of 2003 is amended  by changing 
Section 10 as follows:
 



    (820 ILCS 112/10)



    Sec. 10. Prohibited acts. 

    (a) No employer may discriminate between employees on the 
basis of sex by
paying wages
to an employee at a rate less than 
the rate at which the employer pays wages to
another employee 
of
the opposite sex for the same or substantially similar work 
on jobs the
performance of which
requires equal skill, effort, 
and responsibility, and which are performed under
similar 
working
conditions, except where the payment is made under:


        (1) a seniority system;


        (2) a merit system;


        (3) a system that measures earnings by quantity or 
    quality of production;
or


        (4) a differential based on any other factor other

    than: (i) sex or (ii) a factor that would constitute 
    unlawful discrimination
under the Illinois Human
Rights 
    Act.

    No employer may discriminate between employees by paying 
wages to an African-American employee at a rate less than the 
rate at which the employer pays wages to another employee who 
is not African-American for the same or substantially similar 
work on jobs the performance of which requires equal skill, 
effort, and responsibility, and which are performed under 
similar working conditions, except where the payment is made 
under:
        (1) a seniority system;
        (2) a merit system;
        (3) a system that measures earnings by quantity or
    
    quality of production; or
        (4) a differential based on any other factor other
    
    than: (i) race  or (ii) a factor that would constitute 
    unlawful discrimination under the Illinois Human Rights 
    Act.
    An employer who is paying wages in violation of this Act 
may not,
to comply with
this Act, reduce the wages of any other 
employee.

    Nothing in this Act may be construed to require an employer 
to pay, to
any employee at a workplace in a particular county, 
wages that are equal
to the wages paid by that employer at a 
workplace in another county to
employees in jobs the 
performance of which requires equal skill, effort, and

responsibility, and which are performed under similar working 
conditions.

    (b) It is unlawful for any employer to interfere with, 
restrain, or
deny the exercise of or
the attempt to exercise 
any right provided under this Act.  It is
unlawful for any 
employer
to discharge or in any other manner discriminate 
against any individual for
inquiring about,
disclosing, 
comparing, or otherwise discussing the employee's wages or the

wages
of any other
employee, or aiding or encouraging any 
person to exercise his or her rights
under this
Act.

    (c) It is unlawful for any person to discharge or in any 
other manner
discriminate against any individual because the 
individual:


        (1) has filed any charge or has instituted or caused to 
    be instituted any
proceeding under or related to this Act;


        (2) has given, or is about to give, any information in 
    connection with any
inquiry or proceeding relating to any 
    right provided under this Act; or


        (3) has testified, or is about to testify, in any 
    inquiry or proceeding
relating to any right provided under 
    this Act.

(Source: P.A. 93-6, eff. 1-1-04.)