Bill Text: IL SB1707 | 2019-2020 | 101st General Assembly | Introduced


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. Provides for employers to establish a self-evaluation plan of the employer's pay practices. Sets forth permissible components of a self-evaluation plan. Requires the self-evaluation plan to be submitted to the Department of Labor for verification. Provides that an employer that has completed a self-evaluation plan that has been verified by the Department of Labor has an affirmative defense to liability for certain alleged violations of the Act. Provides that an employer that does not have a verified self-evaluation plan may be subject to civil penalties for violations of the Act. Limits defenses. Provides for penalties and injunctive relief.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2019-03-19 - Added as Co-Sponsor Sen. Christopher Belt [SB1707 Detail]

Download: Illinois-2019-SB1707-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1707

Introduced 2/15/2019, by Sen. Jennifer Bertino-Tarrant

SYNOPSIS AS INTRODUCED:
820 ILCS 112/10
820 ILCS 112/13 new
820 ILCS 112/30

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. Provides for employers to establish a self-evaluation plan of the employer's pay practices. Sets forth permissible components of a self-evaluation plan. Requires the self-evaluation plan to be submitted to the Department of Labor for verification. Provides that an employer that has completed a self-evaluation plan that has been verified by the Department of Labor has an affirmative defense to liability for certain alleged violations of the Act. Provides that an employer that does not have a verified self-evaluation plan may be subject to civil penalties for violations of the Act. Limits defenses. Provides for penalties and injunctive relief.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB1707LRB101 08920 JLS 54010 b
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 and adding Section 13 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.
19 (b-5) It is unlawful for an employer to screen job
20applicants based on their wage or salary history, including by
21requiring that an applicant's prior wages, including benefits
22or other compensation, satisfy minimum or maximum criteria or
23requesting or requiring as a condition of being interviewed, as
24a condition of continuing to be considered for an offer of
25employment, as a condition of an offer of employment or an
26offer of compensation, or as a condition of employment that an

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

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1(Source: P.A. 100-1140, eff. 1-1-19.)
2 (820 ILCS 112/13 new)
3 Sec. 13. Self-evaluation plan.
4 (a) An employer against whom an action is brought alleging
5a violation of Section 10 of this Act and who, within the
6previous 3 years and prior to the commencement of the action,
7has completed a self-evaluation plan of its pay practices that
8has been verified by the Department pursuant to subsection (b)
9of this Section and can demonstrate that progress has been made
10towards eliminating wage differentials based upon gender for
11the same or substantially similar work on jobs the performance
12of which requires equal skill, effort, and responsibility and
13which are performed under similar working conditions, in
14accordance with that evaluation, has an affirmative defense to
15liability for violations under Section 10 of this Act. An
16employer's self-evaluation may be of the employer's own design
17provided that it is, in light of the size of the employer,
18reasonable in detail and scope.
19 A self-evaluation plan may include, but is not limited to,
20the following components:
21 (1) an evaluation of the employer's compensation
22 system for internal equity;
23 (2) an evaluation of the employer's compensation
24 system for industry competitiveness;
25 (3) an examination of the employers' compensation

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1 system and comparison of job grades or scores;
2 (4) a review of data for personnel entering the
3 employer;
4 (5) an assessment of how raises are awarded;
5 (6) an evaluation of employee training, development,
6 and promotion opportunities; and
7 (7) a written policy that prohibits the employer from
8 seeking the wage or salary history of a prospective
9 employee and prohibits the employer from requiring an
10 employee to sign a contract or waiver that would prohibit
11 the employee from disclosing or discussing the employer's
12 wage, salary, or other compensation.
13 (b) An employer shall submit the self-evaluation plan to
14the Department for verification that a self-evaluation plan has
15been completed. The self-evaluation plan shall be submitted to
16the Department on standard templates or forms issued by the
17Department.
18 (c) If an employer has completed a self-evaluation plan in
19another state within the previous 3 years that demonstrates
20that progress has been made towards eliminating wage
21differentials based on gender, then the business's evaluation
22plan shall be verified by the Department upon the employer
23providing proof the self-evaluation plan is completed and
24approved, verified, or otherwise accepted in that state.
25 (d) The Department shall verify an employer's
26self-evaluation plan established under subsection (a) within

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130 days after the employer's submission of the self-evaluation
2plan.
3 (e) An employer who has completed a self-evaluation plan
4within the previous 3 years and prior to the commencement of
5the action can demonstrate that progress has been towards
6eliminating wage differentials based on gender for the same or
7substantially similar work on jobs the performance of which
8requires equal skill, effort, and responsibility and which are
9performed under similar working conditions, but cannot
10demonstrate that the self-evaluation plan was reasonable in
11detail and scope or verified by the Department is not be
12entitled to the affirmative defense established under this
13Section and is liable for any civil fine for a violation of
14this Act as follows:
15 (1) up to $500 per employee affected, if the employer
16 has fewer than 4 employees; or
17 (2) up to $2,500 per employee affected, if the employer
18 has 4 or more employees.
19 (f) Evidence of a self-evaluation plan or remedial steps
20undertaken in accordance with this Section is not admissible in
21any proceeding as evidence of a violation of this Act.
22 (g) An employer who has not completed a self-evaluation
23plan shall not be subject to any negative or adverse inference
24as a result of not having completed a self-evaluation plan.
25 (h) An employer who uses the affirmative defense under this
26Section is not precluded from using any other affirmative

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1defense under this Act.
2 (820 ILCS 112/30)
3 Sec. 30. Violations; fines and penalties.
4 (a) If an employee is paid by his or her employer less than
5the wage to which he or she is entitled in violation of Section
610 of this Act, the employee may recover in a civil action the
7entire amount of any underpayment together with interest,
8compensatory damages if the employee demonstrates that the
9employer acted with malice or reckless indifference, punitive
10damages as may be appropriate, injunctive relief as may be
11appropriate, and the costs and reasonable attorney's fees as
12may be allowed by the court and as necessary to make the
13employee whole. At the request of the employee or on a motion
14of the Director, the Department may make an assignment of the
15wage claim in trust for the assigning employee and may bring
16any legal action necessary to collect the claim, and the
17employer shall be required to pay the costs incurred in
18collecting the claim. Every such action shall be brought within
195 years from the date of the underpayment. For purposes of this
20Act, "date of the underpayment" means each time wages are
21underpaid.
22 (a-5) If an employer violates subsection (b), (b-5), or
23(b-10) of Section 10, the employee may recover in a civil
24action any damages incurred, special damages not to exceed
25$10,000, injunctive relief as may be appropriate, and costs and

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

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