Sen. Jennifer Bertino-Tarrant

Filed: 5/21/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 3100 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Equal Pay Act of 2003 is amended by
5changing Section 10 as follows:
6    (820 ILCS 112/10)
7    Sec. 10. Prohibited acts.
8    (a) No employer may discriminate between employees on the
9basis of sex by paying wages to an employee at a rate less than
10the rate at which the employer pays wages to another employee
11of the opposite sex for the same or substantially similar work
12on jobs the performance of which requires equal skill, effort,
13and responsibility, and which are performed under similar
14working conditions, except where the payment is made under:
15        (1) a seniority system;
16        (2) a merit system;



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1        (3) a system that measures earnings by quantity or
2    quality of production; or
3        (4) a differential based on any other factor other
4    than: (i) sex or (ii) a factor that would constitute
5    unlawful discrimination under the Illinois Human Rights
6    Act.
7    An employer who is paying wages in violation of this Act
8may not, to comply with this Act, reduce the wages of any other
10    Nothing in this Act may be construed to require an employer
11to pay, to any employee at a workplace in a particular county,
12wages that are equal to the wages paid by that employer at a
13workplace in another county to employees in jobs the
14performance of which requires equal skill, effort, and
15responsibility, and which are performed under similar working
17    (b) It is unlawful for any employer to interfere with,
18restrain, or deny the exercise of or the attempt to exercise
19any right provided under this Act. It is unlawful for any
20employer to discharge or in any other manner discriminate
21against any individual for inquiring about, disclosing,
22comparing, or otherwise discussing the employee's wages or the
23wages of any other employee, or aiding or encouraging any
24person to exercise his or her rights under this Act. It is
25unlawful for an employer to require an employee to sign a
26contract or waiver that prohibits the employee from disclosing



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1or discussing the employee's wage, salary, or other
2compensation. An employer may, however, prohibit a human
3resources employee, a supervisor, or any other employee whose
4job responsibilities require or allow access to other
5employees' wage or salary information from disclosing that
6information without prior written consent from the employee
7whose information is sought or requested.
8    (b-5) It is unlawful for an employer to seek the wage or
9salary history of a prospective employee from the prospective
10employee or a current or former employer or to require that a
11prospective employee's wage or salary history meet certain
12criteria. This subsection does not apply if:
13        (1) the prospective employee's wage or salary history
14    is a matter of public record;
15        (2) the prospective employee is a current employee of
16    the employer and is applying for a position with the same
17    employer; or
18        (3) a prospective employee has voluntarily disclosed
19    the information.
20    (c) It is unlawful for any person to discharge or in any
21other manner discriminate against any individual because the
23        (1) has filed any charge or has instituted or caused to
24    be instituted any proceeding under or related to this Act;
25        (2) has given, or is about to give, any information in
26    connection with any inquiry or proceeding relating to any



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1    right provided under this Act; or
2        (3) has testified, or is about to testify, in any
3    inquiry or proceeding relating to any right provided under
4    this Act; or .
5        (4) fails to comply with any wage or salary history
6    inquiry.
7(Source: P.A. 93-6, eff. 1-1-04.)".