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| | HB4743 Enrolled | | LRB100 18833 JLS 34075 b |
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| 1 | | AN ACT concerning employment.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Equal Pay Act of 2003 is amended by changing |
| 5 | | Section 10 as follows:
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| 6 | | (820 ILCS 112/10)
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| 7 | | Sec. 10. Prohibited acts.
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| 8 | | (a) No employer may discriminate between employees on the |
| 9 | | basis of sex by
paying wages
to an employee at a rate less than |
| 10 | | the rate at which the employer pays wages to
another employee |
| 11 | | of
the opposite sex for the same or substantially similar work |
| 12 | | on jobs the
performance of which
requires equal skill, effort, |
| 13 | | and responsibility, and which are performed under
similar |
| 14 | | working
conditions, except where the payment is made under:
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| 15 | | (1) a seniority system;
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| 16 | | (2) a merit system;
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| 17 | | (3) a system that measures earnings by quantity or |
| 18 | | quality of production;
or
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| 19 | | (4) a differential based on any other factor other
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| 20 | | than: (i) sex or (ii) a factor that would constitute |
| 21 | | unlawful discrimination
under the Illinois Human
Rights |
| 22 | | Act.
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| 23 | | No employer may discriminate between employees by paying |
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| 1 | | wages to an African-American employee at a rate less than the |
| 2 | | rate at which the employer pays wages to another employee who |
| 3 | | is not African-American for the same or substantially similar |
| 4 | | work on jobs the performance of which requires equal skill, |
| 5 | | effort, and responsibility, and which are performed under |
| 6 | | similar working conditions, except where the payment is made |
| 7 | | under: |
| 8 | | (1) a seniority system; |
| 9 | | (2) a merit system; |
| 10 | | (3) a system that measures earnings by quantity or
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| 11 | | quality of production; or |
| 12 | | (4) a differential based on any other factor other
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| 13 | | than: (i) race or (ii) a factor that would constitute |
| 14 | | unlawful discrimination under the Illinois Human Rights |
| 15 | | Act. |
| 16 | | An employer who is paying wages in violation of this Act |
| 17 | | may not,
to comply with
this Act, reduce the wages of any other |
| 18 | | employee.
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| 19 | | Nothing in this Act may be construed to require an employer |
| 20 | | to pay, to
any employee at a workplace in a particular county, |
| 21 | | wages that are equal
to the wages paid by that employer at a |
| 22 | | workplace in another county to
employees in jobs the |
| 23 | | performance of which requires equal skill, effort, and
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| 24 | | responsibility, and which are performed under similar working |
| 25 | | conditions.
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| 26 | | (b) It is unlawful for any employer to interfere with, |
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| 1 | | restrain, or
deny the exercise of or
the attempt to exercise |
| 2 | | any right provided under this Act. It is
unlawful for any |
| 3 | | employer
to discharge or in any other manner discriminate |
| 4 | | against any individual for
inquiring about,
disclosing, |
| 5 | | comparing, or otherwise discussing the employee's wages or the
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| 6 | | wages
of any other
employee, or aiding or encouraging any |
| 7 | | person to exercise his or her rights
under this
Act.
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| 8 | | (c) It is unlawful for any person to discharge or in any |
| 9 | | other manner
discriminate against any individual because the |
| 10 | | individual:
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| 11 | | (1) has filed any charge or has instituted or caused to |
| 12 | | be instituted any
proceeding under or related to this Act;
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| 13 | | (2) has given, or is about to give, any information in |
| 14 | | connection with any
inquiry or proceeding relating to any |
| 15 | | right provided under this Act; or
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| 16 | | (3) has testified, or is about to testify, in any |
| 17 | | inquiry or proceeding
relating to any right provided under |
| 18 | | this Act.
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| 19 | | (Source: P.A. 93-6, eff. 1-1-04.)
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