Bill Amendment: IL SB3100 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: EQUAL PAY-SALARY HISTORY
Status: 2019-01-09 - Session Sine Die [SB3100 Detail]
Download: Illinois-2017-SB3100-Senate_Amendment_001.html
Bill Title: EQUAL PAY-SALARY HISTORY
Status: 2019-01-09 - Session Sine Die [SB3100 Detail]
Download: Illinois-2017-SB3100-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 3100
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2 | AMENDMENT NO. ______. Amend Senate Bill 3100 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Equal Pay Act of 2003 is amended by | ||||||
5 | changing Section 10 as follows:
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6 | (820 ILCS 112/10)
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7 | Sec. 10. Prohibited acts.
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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:
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15 | (1) a seniority system;
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16 | (2) a merit system;
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1 | (3) a system that measures earnings by quantity or | ||||||
2 | quality of production;
or
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3 | (4) a differential based on any other factor other
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4 | than: (i) sex or (ii) a factor that would constitute | ||||||
5 | unlawful discrimination
under the Illinois Human
Rights | ||||||
6 | Act.
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7 | An employer who is paying wages in violation of this Act | ||||||
8 | may not,
to comply with
this Act, reduce the wages of any other | ||||||
9 | employee.
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10 | Nothing in this Act may be construed to require an employer | ||||||
11 | to pay, to
any employee at a workplace in a particular county, | ||||||
12 | wages that are equal
to the wages paid by that employer at a | ||||||
13 | workplace in another county to
employees in jobs the | ||||||
14 | performance of which requires equal skill, effort, and
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15 | responsibility, and which are performed under similar working | ||||||
16 | conditions.
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17 | (b) It is unlawful for any employer to interfere with, | ||||||
18 | restrain, or
deny the exercise of or
the attempt to exercise | ||||||
19 | any right provided under this Act. It is
unlawful for any | ||||||
20 | employer
to discharge or in any other manner discriminate | ||||||
21 | against any individual for
inquiring about,
disclosing, | ||||||
22 | comparing, or otherwise discussing the employee's wages or the
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23 | wages
of any other
employee, or aiding or encouraging any | ||||||
24 | person to exercise his or her rights
under this
Act. It is | ||||||
25 | unlawful for an employer to require an employee to sign a | ||||||
26 | contract or waiver that prohibits the employee from disclosing |
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1 | or discussing the employee's wage, salary, or other | ||||||
2 | compensation. An employer may, however, prohibit a human | ||||||
3 | resources employee, a supervisor, or any other employee whose | ||||||
4 | job responsibilities require or allow access to other | ||||||
5 | employees' wage or salary information from disclosing that | ||||||
6 | information without prior written consent from the employee | ||||||
7 | whose information is sought or requested. | ||||||
8 | (b-5) It is unlawful for an employer to seek the wage or | ||||||
9 | salary history of a prospective employee from the prospective | ||||||
10 | employee or a current or former employer or to require that a | ||||||
11 | prospective employee's wage or salary history meet certain | ||||||
12 | criteria. This subsection does not apply if:
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13 | (1) the prospective employee's wage or salary history | ||||||
14 | is a matter of public record; | ||||||
15 | (2) the prospective employee is a current employee of | ||||||
16 | the employer and is applying for a position with the same | ||||||
17 | employer; or | ||||||
18 | (3) a prospective employee has voluntarily disclosed | ||||||
19 | the information. | ||||||
20 | (c) It is unlawful for any person to discharge or in any | ||||||
21 | other manner
discriminate against any individual because the | ||||||
22 | individual:
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23 | (1) has filed any charge or has instituted or caused to | ||||||
24 | be instituted any
proceeding under or related to this Act;
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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
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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 .
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5 | (4) fails to comply with any wage or salary history | ||||||
6 | inquiry. | ||||||
7 | (Source: P.A. 93-6, eff. 1-1-04.)".
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