Bill Text: IL HB4743 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Amends the Equal Pay Act of 2003. Provides that 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 a job that requires equal skill, effort, and responsibility and is performed under similar working conditions. Sets forth exceptions,

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Passed) 2018-11-30 - Public Act . . . . . . . . . 100-1140 [HB4743 Detail]

Download: Illinois-2017-HB4743-Chaptered.html

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Public Act 100-1140
HB4743 Enrolled LRB100 18833 JLS 34075 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 equal 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.
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 equal 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.
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.
(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; or
(3) has testified, or is about to testify, in any
inquiry or proceeding relating to any right provided under
this Act.
(Source: P.A. 93-6, eff. 1-1-04.)