Full Text of HB4743 100th General Assembly
HB4743 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4743 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: |
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Amends the Equal Pay Act of 2003. Provides that 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 a job that requires equal skill, effort, and responsibility and is performed under similar working conditions. Sets forth exceptions,
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| | A BILL FOR |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Equal Pay Act of 2003 is amended by changing | 5 | | Section 10 as follows:
| 6 | | (820 ILCS 112/10)
| 7 | | Sec. 10. Prohibited acts.
| 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:
| 15 | | (1) a seniority system;
| 16 | | (2) a merit system;
| 17 | | (3) a system that measures earnings by quantity or | 18 | | quality of production;
or
| 19 | | (4) a differential based on any other factor other
| 20 | | than: (i) sex or (ii) a factor that would constitute | 21 | | unlawful discrimination
under the Illinois Human
Rights | 22 | | Act.
| 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
| 11 | | quality of production; or | 12 | | (4) a differential based on any other factor other
| 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.
| 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
| 24 | | responsibility, and which are performed under similar working | 25 | | conditions.
| 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
| 6 | | wages
of any other
employee, or aiding or encouraging any | 7 | | person to exercise his or her rights
under this
Act.
| 8 | | (c) It is unlawful for any person to discharge or in any | 9 | | other manner
discriminate against any individual because the | 10 | | individual:
| 11 | | (1) has filed any charge or has instituted or caused to | 12 | | be instituted any
proceeding under or related to this Act;
| 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
| 16 | | (3) has testified, or is about to testify, in any | 17 | | inquiry or proceeding
relating to any right provided under | 18 | | this Act.
| 19 | | (Source: P.A. 93-6, eff. 1-1-04.)
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