Bill Text: IL HB0834 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: 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, with some exceptions. Limits defenses. Provides for penalties and injunctive relief.

Spectrum: Partisan Bill (Democrat 55-1)

Status: (Engrossed) 2019-03-21 - Added as Alternate Chief Co-Sponsor Sen. Laura Ellman [HB0834 Detail]

Download: Illinois-2019-HB0834-Engrossed.html



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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 No employer may discriminate between employees by paying
8wages to an African-American employee at a rate less than the
9rate at which the employer pays wages to another employee who
10is not African-American for the same or substantially similar
11work on jobs the performance of which requires equal skill,
12effort, and responsibility, and which are performed under
13similar working conditions, except where the payment is made
14under:
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.
23 An employer who is paying wages in violation of this Act
24may not, to comply with this Act, reduce the wages of any other
25employee.
26 Nothing in this Act may be construed to require an employer

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1to pay, to any employee at a workplace in a particular county,
2wages that are equal to the wages paid by that employer at a
3workplace in another county to employees in jobs the
4performance of which requires equal skill, effort, and
5responsibility, and which are performed under similar working
6conditions.
7 (b) It is unlawful for any employer to interfere with,
8restrain, or deny the exercise of or the attempt to exercise
9any right provided under this Act. It is unlawful for any
10employer to discharge or in any other manner discriminate
11against any individual for inquiring about, disclosing,
12comparing, or otherwise discussing the employee's wages or the
13wages of any other employee, or aiding or encouraging any
14person to exercise his or her rights under this Act. It is
15unlawful for an employer to require an employee to sign a
16contract or waiver that would prohibit the employee from
17disclosing or discussing information about the employee's
18wages, salary, benefits, or other compensation.
19 (b-5) It is unlawful for an employer, employment agency, or
20employee or agent thereof to screen job applicants based on
21their current or prior wage or salary history, including
22benefits or other compensation, by requiring that such wage or
23salary history of an applicant satisfy minimum or maximum
24criteria; or to request or require such wage or salary history
25as a condition of being considered for employment, such as when
26applying online or talking with a headhunter, as a condition of

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1being interviewed, as a condition of continuing to be
2considered for an offer of employment, as a condition of an
3offer of employment or an offer of compensation, or as a
4condition of employment that an applicant disclose such wage or
5salary history.
6 (b-10) It is unlawful for an employer to seek the wage or
7salary history, including benefits or other compensation, of
8any job applicant from any current or former employer. This
9subsection (b-10) does not apply if:
10 (1) the job applicant's wage or salary history is a
11 matter of public record under the Freedom of Information
12 Act, or any other equivalent State or federal law, or is
13 contained in a document completed by the job applicant's
14 current or former employer and then made available to the
15 public by the employer, or submitted or posted by the
16 employer to comply with State or federal law; or
17 (2) the job applicant is a current employee and is
18 applying for a position with the same current employer.
19 (c) It is unlawful for any person to discharge or in any
20other manner discriminate against any individual because the
21individual:
22 (1) has filed any charge or has instituted or caused to
23 be instituted any proceeding under or related to this Act;
24 (2) has given, or is about to give, any information in
25 connection with any inquiry or proceeding relating to any
26 right provided under this Act; or

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1 (3) has testified, or is about to testify, in any
2 inquiry or proceeding relating to any right provided under
3 this Act; or .
4 (4) fails to comply with any wage history inquiry.
5(Source: P.A. 100-1140, eff. 1-1-19.)
6 (820 ILCS 112/30)
7 Sec. 30. Violations; fines and penalties.
8 (a) If an employee is paid by his or her employer less than
9the wage to which he or she is entitled in violation of Section
1010 of this Act, the employee may recover in a civil action the
11entire amount of any underpayment together with interest,
12compensatory damages if the employee demonstrates that the
13employer acted with malice or reckless indifference, punitive
14damages as may be appropriate, injunctive relief as may be
15appropriate, and the costs and reasonable attorney's fees as
16may be allowed by the court and as necessary to make the
17employee whole. At the request of the employee or on a motion
18of the Director, the Department may make an assignment of the
19wage claim in trust for the assigning employee and may bring
20any legal action necessary to collect the claim, and the
21employer shall be required to pay the costs incurred in
22collecting the claim. Every such action shall be brought within
235 years from the date of the underpayment. For purposes of this
24Act, "date of the underpayment" means each time wages are
25underpaid.

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

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