Full Text of SB1466 101st General Assembly
SB1466 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1466 Introduced 2/13/2019, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: |
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Amends the Equal Pay Act of 2003. Expands discrimination protection from applying to only African American employees to applying to all employees belonging to a protected class that is based on race, color, national origin, or ancestry. Provides exemptions for payments made under a seniority system, a merit system, a system that measures earnings by quantity or quality of production, and a differential based on any factor other than race, color, national origin, or ancestry, or another factor that would constitute unlawful discrimination under the Illinois Human Rights Act.
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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 on the basis |
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| 1 | | of race, color, national origin, or ancestry by paying wages to | 2 | | an African-American employee at a rate less than the rate at | 3 | | which the employer pays wages to another employee who is not a | 4 | | member of a protected class that is based upon race, color, | 5 | | national origin, or ancestry African-American for the same or | 6 | | substantially similar work on jobs the performance of which | 7 | | requires equal skill, effort, and responsibility, and which are | 8 | | performed under similar working conditions, except where the | 9 | | payment is made under: | 10 | | (1) a seniority system; | 11 | | (2) a merit system; | 12 | | (3) a system that measures earnings by quantity or
| 13 | | quality of production; or | 14 | | (4) a differential based on any other factor other
| 15 | | than: (i) race , color, national origin, or ancestry or (ii) | 16 | | a factor that would constitute unlawful discrimination | 17 | | under the Illinois Human Rights Act. | 18 | | An employer who is paying wages in violation of this Act | 19 | | may not,
to comply with
this Act, reduce the wages of any other | 20 | | employee.
| 21 | | Nothing in this Act may be construed to require an employer | 22 | | to pay, to
any employee at a workplace in a particular county, | 23 | | wages that are equal
to the wages paid by that employer at a | 24 | | workplace in another county to
employees in jobs the | 25 | | performance of which requires equal skill, effort, and
| 26 | | responsibility, and which are performed under similar working |
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| 1 | | conditions.
| 2 | | (b) It is unlawful for any employer to interfere with, | 3 | | restrain, or
deny the exercise of or
the attempt to exercise | 4 | | any right provided under this Act. It is
unlawful for any | 5 | | employer
to discharge or in any other manner discriminate | 6 | | against any individual for
inquiring about,
disclosing, | 7 | | comparing, or otherwise discussing the employee's wages or the
| 8 | | wages
of any other
employee, or aiding or encouraging any | 9 | | person to exercise his or her rights
under this
Act.
| 10 | | (c) It is unlawful for any person to discharge or in any | 11 | | other manner
discriminate against any individual because the | 12 | | individual:
| 13 | | (1) has filed any charge or has instituted or caused to | 14 | | be instituted any
proceeding under or related to this Act;
| 15 | | (2) has given, or is about to give, any information in | 16 | | connection with any
inquiry or proceeding relating to any | 17 | | right provided under this Act; or
| 18 | | (3) has testified, or is about to testify, in any | 19 | | inquiry or proceeding
relating to any right provided under | 20 | | this Act.
| 21 | | (Source: P.A. 100-1140, eff. 1-1-19.)
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