|
Public Act 102-0277
|
| HB1207 Enrolled | LRB102 03223 KTG 13236 b |
|
|
AN ACT concerning employment.
|
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
|
Section 5. The Equal Pay Act of 2003 is amended by changing |
Section 10 as follows:
|
(820 ILCS 112/10)
|
Sec. 10. Prohibited acts.
|
(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 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 |
quality of production;
or
|
(4) a differential based on any other factor other
|
than: (i) sex 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 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 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
|
quality of production; or |
(4) a differential based on any other factor other
|
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.
|
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
|
responsibility, and which are performed under similar working |
conditions.
|
(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
|
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.
|
(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, |
including unvested equity or deferred
compensation that |
the applicant would forfeit or have
canceled by virtue of |
the applicant's resignation from the applicant's current |
employer. If, during such discussion, the applicant |
voluntarily and without prompting discloses that the |
applicant would forfeit or have canceled by virtue of the |
applicant's resignation from the applicant's current |
employer unvested equity or deferred compensation, an |
employer may request the applicant to verify the aggregate |
amount of such compensation by submitting a letter or |
document stating the aggregate amount of the unvested |
equity or deferred compensation from, at the applicant's |
choice, one of the following: (1) the applicant's current |
employer or (2) the business entity that administers the |
|
funds that constitute the unvested equity or deferred |
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:
|
(1) has filed any charge or has instituted or caused |
to be instituted any
proceeding under or related to this |
Act;
|
(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;
|
(3) has testified, or is about to testify, in any |
inquiry or proceeding
relating to any right provided under |
this Act; or
|
(4) fails to comply with any wage or salary history |
inquiry. |
(Source: P.A. 100-1140, eff. 1-1-19; 101-177, eff. 9-29-19.)
|