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Public Act 101-0177 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Equal Pay Act of 2003 is amended by changing | ||||
Sections 10 and 30 as follows:
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(820 ILCS 112/10)
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Sec. 10. Prohibited acts.
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(a) No employer may discriminate between employees on the | ||||
basis of sex by
paying wages
to an employee at a rate less than | ||||
the rate at which the employer pays wages to
another employee | ||||
of
the opposite sex for the same or substantially similar work | ||||
on jobs the
performance of which
requires substantially similar | ||||
equal skill, effort, and responsibility, and which are | ||||
performed under
similar working
conditions, except where the | ||||
payment is made under:
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(1) a seniority system;
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(2) a merit system;
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(3) a system that measures earnings by quantity or | ||||
quality of production;
or
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(4) a differential based on any other factor other
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than: (i) sex or (ii) a factor that would constitute | ||||
unlawful discrimination
under the Illinois Human
Rights | ||||
Act , provided that the factor: .
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(A) is not based on or derived from a differential | ||
in
compensation based on sex or another protected | ||
characteristic; | ||
(B) is job-related with respect to the position and | ||
consistent with a business necessity; and | ||
(C) accounts for the differential. | ||
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 jobs the performance of which requires substantially | ||
similar equal skill, effort, and responsibility, and which are | ||
performed under similar working conditions, except where the | ||
payment is made under: | ||
(1) a seniority system; | ||
(2) a merit system; | ||
(3) a system that measures earnings by quantity or
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quality of production; or | ||
(4) a differential based on any other factor other
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than: (i) race or (ii) a factor that would constitute | ||
unlawful discrimination under the Illinois Human Rights | ||
Act , provided that the factor: . | ||
(A) is not based on or derived from a differential | ||
in
compensation based on race or another protected | ||
characteristic; | ||
(B) is job-related with respect to the position and |
consistent with a business necessity; and | ||
(C) accounts for the differential. | ||
An employer who is paying wages in violation of this Act | ||
may not,
to comply with
this Act, reduce the wages of any other | ||
employee.
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Nothing in this Act may be construed to require an employer | ||
to pay, to
any employee at a workplace in a particular county, | ||
wages that are equal
to the wages paid by that employer at a | ||
workplace in another county to
employees in jobs the | ||
performance of which requires equal skill, effort, and
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responsibility, and which are performed under similar working | ||
conditions.
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(b) It is unlawful for any employer to interfere with, | ||
restrain, or
deny the exercise of or
the attempt to exercise | ||
any right provided under this Act. It is
unlawful for any | ||
employer
to discharge or in any other manner discriminate | ||
against any individual for
inquiring about,
disclosing, | ||
comparing, or otherwise discussing the employee's wages or the
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wages
of any other
employee, or aiding or encouraging any | ||
person to exercise his or her rights
under this
Act. It is | ||
unlawful for an employer to require an employee to sign a | ||
contract or waiver that would prohibit the employee from | ||
disclosing or discussing information about the employee's | ||
wages, salary, benefits, or other compensation. An employer | ||
may, however, prohibit a human resources employee, a | ||
supervisor, or any other employee whose job responsibilities |
require or allow access to other employees' wage or salary | ||
information from disclosing that information without prior | ||
written consent from the employee whose information is sought | ||
or requested.
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(b-5) It is unlawful for an employer or employment agency, | ||
or employee or agent thereof, to (1) screen job
applicants | ||
based on their current or prior wages or salary histories, | ||
including benefits or other compensation, by
requiring that the | ||
wage or salary history of an applicant satisfy minimum or | ||
maximum criteria, (2) request or require a wage or salary | ||
history as a condition of being considered for employment, as a | ||
condition of being interviewed, as a condition of continuing to | ||
be considered for an offer of employment, as a condition of an | ||
offer of employment or an offer of compensation, or (3) request | ||
or require that an applicant disclose wage or salary history as | ||
a condition of employment. | ||
(b-10) It is unlawful for an employer to seek the wage or | ||
salary history, including benefits or other compensation, of a | ||
job applicant from any current or former employer. This | ||
subsection (b-10) does not apply if: | ||
(1) the job applicant's wage or salary history is a | ||
matter of public record under the Freedom of Information | ||
Act, or any other equivalent State or federal law, or is | ||
contained in a document completed by the job applicant's | ||
current or former employer and then made available to the | ||
public by the employer, or submitted or posted by the |
employer to comply with State or federal law; or | ||
(2) the job applicant is a current employee and is | ||
applying for a position with the same current employer. | ||
(b-15) Nothing in subsections (b-5) and (b-10) shall be | ||
construed to prevent an employer or employment agency, or an | ||
employee or agent thereof, from: | ||
(1) providing information about the wages, benefits, | ||
compensation, or salary offered in relation to a position; | ||
or | ||
(2) engaging in discussions with an applicant for | ||
employment about the applicant's expectations with respect | ||
to wage or salary, benefits, and other compensation. | ||
(b-20) An employer is not in violation of subsections (b-5) | ||
and (b-10) when a job applicant voluntarily and without | ||
prompting discloses his or her current or prior wage or salary | ||
history, including benefits or other compensation, on the | ||
condition that the employer does not consider or rely on the | ||
voluntary disclosures as a factor in determining whether to | ||
offer a job applicant employment, in making an offer of | ||
compensation, or in determining future wages, salary, | ||
benefits, or other compensation. | ||
(c) It is unlawful for any person to discharge or in any | ||
other manner
discriminate against any individual because the | ||
individual:
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(1) has filed any charge or has instituted or caused to | ||
be instituted any
proceeding under or related to this Act;
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(2) has given, or is about to give, any information in | ||
connection with any
inquiry or proceeding relating to any | ||
right provided under this Act; or
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(3) has testified, or is about to testify, in any | ||
inquiry or proceeding
relating to any right provided under | ||
this Act ; or .
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(4) fails to comply with any wage or salary history | ||
inquiry. | ||
(Source: P.A. 100-1140, eff. 1-1-19.)
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(820 ILCS 112/30)
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Sec. 30. Violations; fines and penalties.
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(a) If an employee is paid by his or her employer less than | ||
the wage to
which he or
she is entitled in
violation of Section | ||
10 of this Act, the employee may recover in a civil action
the | ||
entire amount of any
underpayment together with interest , | ||
compensatory damages if the employee demonstrates that the | ||
employer acted with malice or reckless indifference, punitive | ||
damages as may be appropriate, injunctive relief as may be | ||
appropriate, and the costs and reasonable attorney's
fees as | ||
may be
allowed by the
court and as necessary to make the | ||
employee whole. At the request of the
employee or on a motion | ||
of the Director,
the Department may
make an assignment of the | ||
wage claim in trust for the assigning employee and
may bring | ||
any
legal action necessary to collect the claim, and the | ||
employer shall be required
to pay the costs
incurred in |
collecting the claim. Every such action shall be brought within | ||
5
years from the date
of the underpayment. For purposes of this | ||
Act, "date of the underpayment" means each time wages are | ||
underpaid.
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(a-5) If an employer violates subsection (b), (b-5), | ||
(b-10), or (b-20) of Section 10, the employee may recover in a | ||
civil action any damages incurred, special damages not to | ||
exceed $10,000, injunctive relief as may be appropriate, and | ||
costs and reasonable attorney's fees as may be allowed by the | ||
court and as necessary to make the employee whole. If special | ||
damages are available, an employee may recover compensatory | ||
damages only to the extent such damages exceed the amount of | ||
special damages. Such action shall be brought within 5 years | ||
from the date of the violation. | ||
(b) The Director is authorized to supervise the payment of | ||
the unpaid wages under subsection (a) or damages under | ||
subsection (b), (b-5), (b-10), or (b-20) of Section 10
owing to | ||
any
employee or employees under this Act and may bring any | ||
legal action necessary
to recover the
amount of unpaid wages , | ||
damages, and penalties or to seek injunctive relief, and the | ||
employer shall be required to pay
the costs. Any
sums recovered | ||
by the Director on behalf of an employee under this
Section | ||
shall be
paid to the employee or employees affected.
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(c) Employers who violate any provision of this Act or any | ||
rule
adopted under the Act are subject to a civil penalty for | ||
each employee affected as follows: |
(1) An employer with fewer than 4 employees: first | ||
offense, a fine not to exceed $500; second offense, a fine | ||
not to exceed $2,500; third or subsequent offense, a fine | ||
not to exceed $5,000. | ||
(2) An employer with 4 or more employees: first | ||
offense, a fine not to exceed $2,500; second offense, a | ||
fine not to exceed $3,000; third or subsequent offense, a | ||
fine not to exceed $5,000. | ||
An employer or person who violates subsection (b) , (b-5), | ||
(b-10), (b-20), or (c) of Section 10 is subject to a civil | ||
penalty not to exceed $5,000 for each violation for each | ||
employee affected. | ||
(d) In determining the amount of the penalty, the
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appropriateness of the
penalty to the size of the business of | ||
the employer charged and the gravity of
the violation shall
be | ||
considered. The penalty may be recovered in a civil action | ||
brought by the
Director in
any circuit court.
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(Source: P.A. 99-418, eff. 1-1-16 .)
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Section 99. Effective date. This Act takes effect 60 days | ||
after becoming law. |