Illinois General Assembly - Full Text of SB0981
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Full Text of SB0981  100th General Assembly




State of Illinois
2017 and 2018


Introduced 2/7/2017, by Sen. Daniel Biss


820 ILCS 112/10
820 ILCS 112/30

    Amends the Equal Pay Act of 2003. Prohibits an employer from: (i) screening job applicants based on their wage or salary history, (ii) requiring that an applicant's prior wages satisfy minimum or maximum criteria, and (iii) requesting or requiring as a condition of being interviewed or as a condition of continuing to be considered for an offer of employment that an applicant disclose prior wages or salary. Prohibits an employer from seeking the salary, including benefits or other compensation or salary history, of a job applicant from any current or former employer. Limits defenses. Provides for penalties and injunctive relief.

LRB100 08778 JLS 18917 b





SB0981LRB100 08778 JLS 18917 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Equal Pay Act of 2003 is amended by changing
5Sections 10 and 30 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 substantially similar
13equal skill, effort, and responsibility, and which are
14performed under similar working conditions, except where the
15payment is made under:
16        (1) a seniority system;
17        (2) a merit system;
18        (3) a system that measures earnings by quantity or
19    quality of production; or
20        (4) a differential based on any other factor other
21    than: (i) sex or (ii) a factor that would constitute
22    unlawful discrimination under the Illinois Human Rights
23    Act, provided that the factor:



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1            (A) is not based on or derived from a differential
2        in compensation based on sex or another protected
3        characteristic;
4            (B) is job-related with respect to the position and
5        consistent with a business necessity; and
6            (C) accounts for the entire differential.
7        Such defense shall not apply if the employee
8    demonstrates that an alternative employment practice
9    exists that would serve the same business purpose without
10    producing such differential and that the employer has
11    refused to adopt such alternative practice.
12    An employer who is paying wages in violation of this Act
13may not, to comply with this Act, reduce the wages of any other
15    Nothing in this Act may be construed to require an employer
16to pay, to any employee at a workplace in a particular county,
17wages that are equal to the wages paid by that employer at a
18workplace in another county to employees in jobs the
19performance of which requires equal skill, effort, and
20responsibility, and which are performed under similar working
22    (b) It is unlawful for any employer to interfere with,
23restrain, or deny the exercise of or the attempt to exercise
24any right provided under this Act. It is unlawful for any
25employer to discharge or in any other manner discriminate
26against any individual for inquiring about, disclosing,



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1comparing, or otherwise discussing the employee's wages or the
2wages of any other employee, or aiding or encouraging any
3person to exercise his or her rights under this Act. It is
4unlawful for an employer to require an employee to sign a
5contract or waiver that would prohibit the employee from
6disclosing or discussing information about the employee's
8    (b-5) It is unlawful for an employer to screen job
9applicants based on their wage or salary history, including by
10requiring that an applicant's prior wages, including benefits
11or other compensation, satisfy minimum or maximum criteria or
12requesting or requiring as a condition of being interviewed, as
13a condition of continuing to be considered for an offer of
14employment, as a condition of an offer of employment or an
15offer of compensation, or as a condition of employment that an
16applicant disclose prior wages or salary.
17    (b-10) It is unlawful for an employer to seek the wage or
18salary history, including benefits or other compensation, of
19any job applicant from any current or former employer.
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 history inquiry.
6(Source: P.A. 93-6, eff. 1-1-04.)
7    (820 ILCS 112/30)
8    Sec. 30. Violations; fines and penalties.
9    (a) If an employee is paid by his or her employer less than
10the wage to which he or she is entitled in violation of Section
1110 of this Act, the employee may recover in a civil action the
12entire amount of any underpayment together with interest,
13compensatory damages if the employee demonstrates that the
14employer acted with malice or reckless indifference, punitive
15damages as may be appropriate, injunctive relief as may be
16appropriate, and the costs and reasonable attorney's fees as
17may be allowed by the court and as necessary to make the
18employee whole. At the request of the employee or on a motion
19of the Director, the Department may make an assignment of the
20wage claim in trust for the assigning employee and may bring
21any legal action necessary to collect the claim, and the
22employer shall be required to pay the costs incurred in
23collecting the claim. Every such action shall be brought within
245 years from the date of the underpayment. For purposes of this
25Act, "date of the underpayment" means each time wages are



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2    (a-5) If an employer violates subsection (b), (b-5), or
3(b-10) of Section 10, the employee may recover in a civil
4action any damages incurred, special damages not to exceed
5$10,000, injunctive relief as may be appropriate, and costs and
6reasonable attorney's fees as may be allowed by the court and
7as necessary to make the employee whole. If special damages are
8available, an employee may recover compensatory damages only to
9the extent such damages exceed the amount of special damages.
10Such action shall be brought within 5 years from the date of
11the violation.
12    (b) The Director is authorized to supervise the payment of
13the unpaid wages under subsection (a) or damages under
14subsection (b), (b-5), or (b-10) of Section 10 owing to any
15employee or employees under this Act and may bring any legal
16action necessary to recover the amount of unpaid wages,
17damages, and penalties or to seek injunctive relief, and the
18employer shall be required to pay the costs. Any sums recovered
19by the Director on behalf of an employee under this Section
20shall be paid to the employee or employees affected.
21    (c) Employers who violate any provision of this Act or any
22rule adopted under the Act are subject to a civil penalty for
23each employee affected as follows:
24        (1) An employer with fewer than 4 employees: first
25    offense, a fine not to exceed $500; second offense, a fine
26    not to exceed $2,500; third or subsequent offense, a fine



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1    not to exceed $5,000.
2        (2) An employer with 4 or more employees: first
3    offense, a fine not to exceed $2,500; second offense, a
4    fine not to exceed $3,000; third or subsequent offense, a
5    fine not to exceed $5,000.
6    An employer or person who violates subsection (b), (b-5),
7(b-10), or (c) of Section 10 is subject to a civil penalty not
8to exceed $5,000 for each violation for each employee affected.
9    (d) In determining the amount of the penalty, the
10appropriateness of the penalty to the size of the business of
11the employer charged and the gravity of the violation shall be
12considered. The penalty may be recovered in a civil action
13brought by the Director in any circuit court.
14(Source: P.A. 99-418, eff. 1-1-16.)