Bill Text: IL HB2462 | 2017-2018 | 100th General Assembly | Enrolled


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. Limits defenses. Provides for penalties and injunctive relief.

Spectrum: Partisan Bill (Democrat 85-3)

Status: (Enrolled) 2017-05-30 - Passed Both Houses [HB2462 Detail]

Download: Illinois-2017-HB2462-Enrolled.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 Such defense shall not apply if the employee
8 demonstrates that an alternative employment practice
9 exists that would serve the same business purpose without
10 producing such differential and that the employer has
11 refused to adopt such alternative practice.
12 An employer who is paying wages in violation of this Act
13may not, to comply with this Act, reduce the wages of any other
14employee.
15 Nothing in this Act may be construed to require an employer
16to pay, to any employee at a workplace in a particular county,
17wages that are equal to the wages paid by that employer at a
18workplace in another county to employees in jobs the
19performance of which requires equal skill, effort, and
20responsibility, and which are performed under similar working
21conditions.
22 (b) It is unlawful for any employer to interfere with,
23restrain, or deny the exercise of or the attempt to exercise
24any right provided under this Act. It is unlawful for any
25employer to discharge or in any other manner discriminate
26against any individual for inquiring about, disclosing,

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1comparing, or otherwise discussing the employee's wages or the
2wages of any other employee, or aiding or encouraging any
3person to exercise his or her rights under this Act. It is
4unlawful for an employer to require an employee to sign a
5contract or waiver that would prohibit the employee from
6disclosing or discussing information about the employee's
7wages.
8 (b-5) It is unlawful for an employer to screen job
9applicants based on their wage or salary history, including by
10requiring that an applicant's prior wages, including benefits
11or other compensation, satisfy minimum or maximum criteria or
12requesting or requiring as a condition of being interviewed, as
13a condition of continuing to be considered for an offer of
14employment, as a condition of an offer of employment or an
15offer of compensation, or as a condition of employment that an
16applicant disclose prior wages or salary.
17 (b-10) It is unlawful for an employer to seek the wage or
18salary history, including benefits or other compensation, of
19any job applicant from any current or former employer. This
20subsection (b-10) does not apply if:
21 (1) the job applicant's wage or salary history is a
22matter of public record under the Freedom of Information Act,
23or any other equivalent State or federal law, or is contained
24in a document completed by the job applicant's current or
25former employer and then made available to the public by the
26employer, or submitted or posted by the employer to comply with

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1State or federal law; or
2 (2) the job applicant is a current employee and is
3applying for a position with the same current employer.
4 (c) It is unlawful for any person to discharge or in any
5other manner discriminate against any individual because the
6individual:
7 (1) has filed any charge or has instituted or caused to
8 be instituted any proceeding under or related to this Act;
9 (2) has given, or is about to give, any information in
10 connection with any inquiry or proceeding relating to any
11 right provided under this Act; or
12 (3) has testified, or is about to testify, in any
13 inquiry or proceeding relating to any right provided under
14 this Act; or .
15 (4) fails to comply with any wage history inquiry.
16(Source: P.A. 93-6, eff. 1-1-04.)
17 (820 ILCS 112/30)
18 Sec. 30. Violations; fines and penalties.
19 (a) If an employee is paid by his or her employer less than
20the wage to which he or she is entitled in violation of Section
2110 of this Act, the employee may recover in a civil action the
22entire amount of any underpayment together with interest,
23compensatory damages if the employee demonstrates that the
24employer acted with malice or reckless indifference, punitive
25damages as may be appropriate, injunctive relief as may be

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1appropriate, and the costs and reasonable attorney's fees as
2may be allowed by the court and as necessary to make the
3employee whole. At the request of the employee or on a motion
4of the Director, the Department may make an assignment of the
5wage claim in trust for the assigning employee and may bring
6any legal action necessary to collect the claim, and the
7employer shall be required to pay the costs incurred in
8collecting the claim. Every such action shall be brought within
95 years from the date of the underpayment. For purposes of this
10Act, "date of the underpayment" means each time wages are
11underpaid.
12 (a-5) If an employer violates subsection (b), (b-5), or
13(b-10) of Section 10, the employee may recover in a civil
14action any damages incurred, special damages not to exceed
15$10,000, injunctive relief as may be appropriate, and costs and
16reasonable attorney's fees as may be allowed by the court and
17as necessary to make the employee whole. If special damages are
18available, an employee may recover compensatory damages only to
19the extent such damages exceed the amount of special damages.
20Such action shall be brought within 5 years from the date of
21the violation.
22 (b) The Director is authorized to supervise the payment of
23the unpaid wages under subsection (a) or damages under
24subsection (b), (b-5), or (b-10) of Section 10 owing to any
25employee or employees under this Act and may bring any legal
26action necessary to recover the amount of unpaid wages,

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1damages, and penalties or to seek injunctive relief, and the
2employer shall be required to pay the costs. Any sums recovered
3by the Director on behalf of an employee under this Section
4shall be paid to the employee or employees affected.
5 (c) Employers who violate any provision of this Act or any
6rule adopted under the Act are subject to a civil penalty for
7each employee affected as follows:
8 (1) An employer with fewer than 4 employees: first
9 offense, a fine not to exceed $500; second offense, a fine
10 not to exceed $2,500; third or subsequent offense, a fine
11 not to exceed $5,000.
12 (2) An employer with 4 or more employees: first
13 offense, a fine not to exceed $2,500; second offense, a
14 fine not to exceed $3,000; third or subsequent offense, a
15 fine not to exceed $5,000.
16 An employer or person who violates subsection (b), (b-5),
17(b-10), or (c) of Section 10 is subject to a civil penalty not
18to exceed $5,000 for each violation for each employee affected.
19 (d) In determining the amount of the penalty, the
20appropriateness of the penalty to the size of the business of
21the employer charged and the gravity of the violation shall be
22considered. The penalty may be recovered in a civil action
23brought by the Director in any circuit court.
24(Source: P.A. 99-418, eff. 1-1-16.)
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