HB0834 Enrolled LRB101 06799 TAE 51826 b
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		Sections 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
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 substantially similar
13		equal skill, effort, and responsibility, and which are
14		performed under similar working conditions, except where the
15		payment 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 differential.
7		No employer may discriminate between employees by paying
8		wages to an African-American employee at a rate less than the
9		rate at which the employer pays wages to another employee who
10		is not African-American for the same or substantially similar
11		work on jobs the performance of which requires substantially
12		similar equal skill, effort, and responsibility, and which are
13		performed under similar working conditions, except where the
14		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) race or (ii) a factor that would constitute
21		unlawful discrimination under the Illinois Human Rights
22		Act, provided that the factor: .
23		(A) is not based on or derived from a differential
24		in compensation based on race or another protected
25		characteristic;
26		(B) is job-related with respect to the position and

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1		consistent with a business necessity; and
2		(C) accounts for the differential.
3		An employer who is paying wages in violation of this Act
4		may not, to comply with this Act, reduce the wages of any other
5		employee.
6		Nothing in this Act may be construed to require an employer
7		to pay, to any employee at a workplace in a particular county,
8		wages that are equal to the wages paid by that employer at a
9		workplace in another county to employees in jobs the
10		performance of which requires equal skill, effort, and
11		responsibility, and which are performed under similar working
12		conditions.
13		(b) It is unlawful for any employer to interfere with,
14		restrain, or deny the exercise of or the attempt to exercise
15		any right provided under this Act. It is unlawful for any
16		employer to discharge or in any other manner discriminate
17		against any individual for inquiring about, disclosing,
18		comparing, or otherwise discussing the employee's wages or the
19		wages of any other employee, or aiding or encouraging any
20		person to exercise his or her rights under this Act. It is
21		unlawful for an employer to require an employee to sign a
22		contract or waiver that would prohibit the employee from
23		disclosing or discussing information about the employee's
24		wages, salary, benefits, or other compensation. An employer
25		may, however, prohibit a human resources employee, a
26		supervisor, or any other employee whose job responsibilities

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1		require or allow access to other employees' wage or salary
2		information from disclosing that information without prior
3		written consent from the employee whose information is sought
4		or requested.
5		(b-5) It is unlawful for an employer or employment agency,
6		or employee or agent thereof, to (1) screen job applicants
7		based on their current or prior wages or salary histories,
8		including benefits or other compensation, by requiring that the
9		wage or salary history of an applicant satisfy minimum or
10		maximum criteria, (2) request or require a wage or salary
11		history as a condition of being considered for employment, as a
12		condition of being interviewed, as a condition of continuing to
13		be considered for an offer of employment, as a condition of an
14		offer of employment or an offer of compensation, or (3) request
15		or require that an applicant disclose wage or salary history as
16		a condition of employment.
17		(b-10) It is unlawful for an employer to seek the wage or
18		salary history, including benefits or other compensation, of a
19		job applicant from any current or former employer. This
20		subsection (b-10) does not apply if:
21		(1) the job applicant's wage or salary history is a
22		matter of public record under the Freedom of Information
23		Act, or any other equivalent State or federal law, or is
24		contained in a document completed by the job applicant's
25		current or former employer and then made available to the
26		public by the employer, or submitted or posted by the

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1		employer to comply with State or federal law; or
2		(2) the job applicant is a current employee and is
3		applying for a position with the same current employer.
4		(b-15) Nothing in subsections (b-5) and (b-10) shall be
5		construed to prevent an employer or employment agency, or an
6		employee or agent thereof, from:
7		(1) providing information about the wages, benefits,
8		compensation, or salary offered in relation to a position;
9		or
10		(2) engaging in discussions with an applicant for
11		employment about the applicant's expectations with respect
12		to wage or salary, benefits, and other compensation.
13		(b-20) An employer is not in violation of subsections (b-5)
14		and (b-10) when a job applicant voluntarily and without
15		prompting discloses his or her current or prior wage or salary
16		history, including benefits or other compensation, on the
17		condition that the employer does not consider or rely on the
18		voluntary disclosures as a factor in determining whether to
19		offer a job applicant employment, in making an offer of
20		compensation, or in determining future wages, salary,
21		benefits, or other compensation.
22		(c) It is unlawful for any person to discharge or in any
23		other manner discriminate against any individual because the
24		individual:
25		(1) has filed any charge or has instituted or caused to
26		be instituted any proceeding under or related to this Act;

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1		(2) has given, or is about to give, any information in
2		connection with any inquiry or proceeding relating to any
3		right provided under this Act; or
4		(3) has testified, or is about to testify, in any
5		inquiry or proceeding relating to any right provided under
6		this Act; or .
7		(4) fails to comply with any wage or salary history
8		inquiry.
9		(Source: P.A. 100-1140, eff. 1-1-19.)
10		(820 ILCS 112/30)
11		Sec. 30. Violations; fines and penalties.
12		(a) If an employee is paid by his or her employer less than
13		the wage to which he or she is entitled in violation of Section
14		10 of this Act, the employee may recover in a civil action the
15		entire amount of any underpayment together with interest,
16		compensatory damages if the employee demonstrates that the
17		employer acted with malice or reckless indifference, punitive
18		damages as may be appropriate, injunctive relief as may be
19		appropriate, and the costs and reasonable attorney's fees as
20		may be allowed by the court and as necessary to make the
21		employee whole. At the request of the employee or on a motion
22		of the Director, the Department may make an assignment of the
23		wage claim in trust for the assigning employee and may bring
24		any legal action necessary to collect the claim, and the
25		employer shall be required to pay the costs incurred in

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

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1		(1) An employer with fewer than 4 employees: first
2		offense, a fine not to exceed $500; second offense, a fine
3		not to exceed $2,500; third or subsequent offense, a fine
4		not to exceed $5,000.
5		(2) An employer with 4 or more employees: first
6		offense, a fine not to exceed $2,500; second offense, a
7		fine not to exceed $3,000; third or subsequent offense, a
8		fine not to exceed $5,000.
9		An employer or person who violates subsection (b), (b-5),
10		(b-10), (b-20), or (c) of Section 10 is subject to a civil
11		penalty not to exceed $5,000 for each violation for each
12		employee affected.
13		(d) In determining the amount of the penalty, the
14		appropriateness of the penalty to the size of the business of
15		the employer charged and the gravity of the violation shall be
16		considered. The penalty may be recovered in a civil action
17		brought by the Director in any circuit court.
18		(Source: P.A. 99-418, eff. 1-1-16.)