Bill Text: IL SB1847 | 2021-2022 | 102nd General Assembly | Chaptered


Bill Title: Amends the Freedom of Information Act to remove an exemption from disclosure for certain information under the Equal Pay Act of 2003. Amends the Equal Pay Act of 2003. Requires employers with fewer than 100 employees to certify that they are exempt from specified provisions. Provides that a business subject to the equal pay registration certificate requirement on March 23, 2021 shall apply for and obtain an equal pay registration certificate between March 24, 2022 and March 23, 2024, rather than within 3 years after March 23, 2021. Provides that a business subject to the equal pay registration certificate requirement after March 23, 2021 shall apply for the certificate within 3 years of commencing business. Requires recertification every 2 years. Requires disclosure of information by county in which the employee works, beginning date of employment, and any other information the Department deems necessary to access pay equity. Provides that the business must disclose its approach to determining the level of wages and benefits payable to employees and identify differences in approach by title of classification employee. Provides that employees may obtain title and pay data. Permits the Department of Labor to share data with the Department of Human Rights and the Attorney General. With respect to violations of the Act by employers having 100 or more employees, authorizes a penalty of up to $10,000 per employee for violation other than equal pay certificate requirements and a penalty of $10,000 for violation of the equal pay certificate requirements. Effective immediately.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2021-06-25 - Public Act . . . . . . . . . 102-0036 [SB1847 Detail]

Download: Illinois-2021-SB1847-Chaptered.html



Public Act 102-0036
SB1847 EnrolledLRB102 11505 LNS 16839 b
AN ACT concerning human rights.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 7.5, as amended by Public Act 101-656, as
follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained
in, stored in, submitted to, transferred by, or released
from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information
Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance
Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is exempt from disclosure under
subsection (k) of Section 11 of the Equal Pay Act of 2003.
(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
eff. 7-7-20; 101-656, eff. 3-23-21.)
Section 10. The Equal Pay Act of 2003 is amended by
changing Sections 11 and 30 as follows:
(820 ILCS 112/11)
Sec. 11. Equal pay registration certificate requirements;
application. For the purposes of this Section 11 only,
"business" means any private employer who has more than 100
employees in the State of Illinois and is required to file an
Annual Employer Information Report EEO-1 with the Equal
Employment Opportunity Commission, but , and does not include
the State of Illinois or any political subdivision, municipal
corporation, or other governmental unit or agency.
(a) A business must obtain an equal pay registration
certificate from the Department or certify in writing that it
is exempt.
(b) Any business subject to the requirements of this
Section that is authorized to transact business in this State
on March 23, 2021 shall submit an application to obtain an
equal pay registration certificate, between March 24, 2022 and
March 23, 2024, and must recertify every 2 years thereafter.
Any business subject to the requirements of this Section that
is authorized to transact business in this State after March
23, 2021 must submit an application to obtain an equal pay
registration certificate within 3 years of commencing business
operations, but not before January 1, 2024, and must recertify
every 2 years thereafter. The Department shall collect contact
information from each business subject to this Section. The
Department shall assign each business a date by which it must
submit an application to obtain an equal pay registration
certificate. The business shall recertify every 2 years at a
date to be determined by the Department. When a business
receives a notice from the Department to recertify for its
equal pay registration certificate, if the business has fewer
than 100 employees, the business must certify in writing to
the Department that it is exempt from this Section. Any new
business that is subject to this Section and authorized to
conduct business in this State, after the effective date of
this amendatory Act of the 102nd General Assembly, shall
submit its contact information to the Department by January 1
of the following year and shall be assigned a date by which it
must submit an application to obtain an equal pay registration
certificate. The Department's failure to assign a business a
registration date does not exempt the business from compliance
with this Section. The failure of the Department to notify a
business of its recertification deadline may be a mitigating
factor when making a determination of a violation of this
Section the effective date of this amendatory Act of the 101st
General Assembly must obtain an equal pay registration
certificate within 3 years after the effective date of this
amendatory Act of the 101st General Assembly and must
recertify every 2 years thereafter. Any business subject to
the requirements of this Section that is authorized to
transact business in this State after the effective date of
this amendatory Act of the 101st General Assembly must obtain
an equal pay registration certificate within 3 years of
commencing business operations and must recertify every 2
years thereafter.
(c) Application.
(1) A business shall apply for an equal pay
registration certificate by paying a $150 filing fee and
submitting wage records and an equal pay compliance
statement to the Director as follows:
(A) Wage Records. Any business that is required to
file an annual Employer Information Report EEO-1 with
the Equal Employment Opportunity Commission must also
submit to the Director a copy of the business's most
recently filed Employer Information Report EEO-1. The
business shall also compile a list of all employees
during the past calendar year, separated by gender and
the race and ethnicity categories as reported in the
business's most recently filed Employer Information
Report EEO-1, and the county in which the employee
works, the date the employee started working for the
business, any other information the Department deems
necessary to determine if pay equity exists among
employees, and report the total wages as defined by
Section 2 of the Illinois Wage Payment and Collection
Act paid to each employee during the past calendar
year, rounded to the nearest $100, to the Director.
(B) Equal Pay Compliance Statement. The business
must submit a statement signed by a corporate officer,
legal counsel, or authorized agent of the business
certifying:
(i) that the business is in compliance with
this Act and other relevant laws, including but
not limited to: Title VII of the Civil Rights Act
of 1964, the Equal Pay Act of 1963, the Illinois
Human Rights Act, and the Equal Wage Act;
(ii) that the average compensation for its
female and minority employees is not consistently
below the average compensation, as determined by
rule by the United States Department of Labor, for
its male and non-minority employees within each of
the major job categories in the Employer
Information Report EEO-1 for which an employee is
expected to perform work, taking into account
factors such as length of service, requirements of
specific jobs, experience, skill, effort,
responsibility, working conditions of the job,
education or training, job location, use of a
collective bargaining agreement, or other
mitigating factors; as used in this subparagraph,
"minority" has the meaning ascribed to that term
in paragraph (1) of subsection (A) of Section 2 of
the Business Enterprise for Minorities, Women, and
Persons with Disabilities Act;
(iii) that the business does not restrict
employees of one sex to certain job
classifications, and makes retention and promotion
decisions without regard to sex;
(iv) that wage and benefit disparities are
corrected when identified to ensure compliance
with the Acts cited in item (i);
(v) how often wages and benefits are
evaluated; and
(vi) the approach the business takes in
determining what level of wages and benefits to
pay its employees; acceptable approaches include,
but are not limited to, a wage and salary survey.
(C) Filing fee. The business shall pay to the
Department a filing fee of $150. Proceeds an equal pay
compliance statement to the Director. Any business
that is required to file an annual Employer
Information Report EEO-1 with the Equal Employment
Opportunity Commission must also submit to the
Director a copy of the business's most recently filed
Employer Information Report EEO-1 for each county in
which the business has a facility or employees. The
business shall also compile, from records maintained
and available, a list of all employees during the past
calendar year, separated by gender and the race and
ethnicity categories as reported in the business's
most recently filed Employer Information Report EEO-1,
and report the total wages as defined by Section 2 of
the Illinois Wage Payment and Collection Act paid to
each employee during the past calendar year, rounded
to the nearest hundred dollar, to the Director. The
proceeds from the fees collected under this Section
shall be deposited into the Equal Pay Registration
Fund, a special fund created in the State treasury.
Moneys in the Fund shall be appropriated to the
Department for the purposes of this Section. The
Director shall issue an equal pay registration
certificate to a business that submits to the Director
a statement signed by a corporate officer, legal
counsel, or authorized agent of the business:
(2) Receipt of the equal pay compliance application
and statement by the Director does not establish
compliance with the Acts set forth in item (i) of
subparagraph (B) of paragraph (1) of this subsection (c).
(A) that the business is in compliance with Title
VII of the Civil Rights Act of 1964, the Equal Pay Act
of 1963, the Illinois Human Rights Act, the Equal Wage
Act, and the Equal Pay Act of 2003;
(B) that the average compensation for its female
and minority employees is not consistently below the
average compensation, as determined by rule by the
United States Department of Labor, for its male and
non-minority employees within each of the major job
categories in the Employer Information Report EEO-1
for which an employee is expected to perform work
under the contract, taking into account factors such
as length of service, requirements of specific jobs,
experience, skill, effort, responsibility, working
conditions of the job, or other mitigating factors; as
used in this subparagraph, "minority" has the meaning
ascribed to that term in paragraph (1) of subsection
(A) of Section 2 of the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act;
(C) that the business does not restrict employees
of one sex to certain job classifications and makes
retention and promotion decisions without regard to
sex;
(D) that wage and benefit disparities are
corrected when identified to ensure compliance with
the Acts cited in subparagraph (A) and with
subparagraph (B); and
(E) how often wages and benefits are evaluated to
ensure compliance with the Acts cited in subparagraph
(A) and with subparagraph (B).
(2) The equal pay compliance statement shall also
indicate whether the business, in setting compensation and
benefits, utilizes:
(A) a market pricing approach;
(B) State prevailing wage or union contract
requirements;
(C) a performance pay system;
(D) an internal analysis; or
(E) an alternative approach to determine what
level of wages and benefits to pay its employees. If
the business uses an alternative approach, the
business must provide a description of its approach.
(3) Receipt of the equal pay compliance statement by
the Director does not establish compliance with the Acts
set forth in subparagraph (A).
(3) A business that has employees in multiple
locations or facilities in Illinois shall submit a single
application to the Department regarding all of its
operations in Illinois.
(d) Issuance or rejection of registration certificate.
After January 1, 2022, the Director must issue an equal pay
registration certificate, or a statement of why the
application was rejected, within 45 calendar days of receipt
of the application. Applicants shall have the opportunity to
cure any deficiencies in its application that led to the
rejection, and re-submit the revised application to the
Department within 30 calendar days of receiving a rejection.
Applicants shall have the ability to appeal rejected
applications. An application may be rejected only if it does
not comply with the requirements of subsection (c), or the
business is otherwise found to be in violation of this Act. The
receipt of an application by the Department, or the issuance
of a registration certificate by the Department, shall not
establish compliance with the Equal Pay Act of 2003 as to all
Sections except Section 11. The issuance of a registration
certificate shall not be a defense against any Equal Pay Act
violation found by the Department, nor a basis for mitigation
of damages. The Director must issue an equal pay registration
certificate, or a statement of why the application was
rejected, within 45 calendar days of receipt of the
application. An application may be rejected only if it does
not comply with the requirements of subsection (c). The
receipt of an application by the Department, or the issuance
of a registration certificate by the Department, shall not
establish compliance of the Equal Pay Act of 2003 as to all
Sections except Section 11. The issuance of a registration
certificate shall not be a defense against any Equal Pay Act
violation found by the Department, nor a basis for mitigation
of damages.
(e) Revocation of registration certificate. An equal pay
registration certificate for a business may be suspended or
revoked by the Director when the business fails to make a good
faith effort to comply with the Acts identified in item (i) of
subparagraph (B) of paragraph (1) of subsection (c), fails to
make a good faith effort to comply with this Section, or has
multiple violations of this Section or the Acts identified in
item (i) of subparagraph (B) of paragraph (1) of subsection
(c). Prior to suspending or revoking a registration
certificate, the Director must first have sought to conciliate
with the business regarding wages and benefits due to
employees.
Consistent with Section 25, prior to or in connection with
the suspension or revocation of an equal pay registration
certificate, the Director, or his or her authorized
representative, may interview workers, administer oaths, take
or cause to be taken the depositions of witnesses, and require
by subpoena the attendance and testimony of witnesses, and the
production of personnel and compensation information relative
to the matter under investigation, hearing or a
department-initiated audit. subparagraph (A) of paragraph (1)
of subsection (c), fails to make a good faith effort to comply
with this Section, or has multiple violations of this Section
or the Acts identified in subparagraph (A) of paragraph (1) of
subsection (c). Prior to suspending or revoking a registration
certificate, the Director must first have sought to conciliate
with the business regarding wages and benefits due to
employees.
The Director, or his or her authorized representative, may
interview workers, administer oaths, take or cause to be taken
the depositions of witnesses, and require by subpoena the
attendance and testimony of witnesses, and the production of
all books, records, and other evidence relative to the matter
under investigation or hearing. Such subpoena shall be signed
and issued by the Director or his or her authorized
representative.
Upon request by the Director or his or her deputies or
agents, records shall be copied and submitted for evidence at
no cost to the Department. Every employer upon request shall
furnish to the Director or his or her authorized
representative, on demand, a sworn statement of the accuracy
of the records. Any employer who refuses to furnish a sworn
statement of the records is in violation of this Act.
In case of failure of any person to comply with any
subpoena lawfully issued under this Section or on the refusal
of any witness to produce evidence or to testify to any matter
regarding which he or she may be lawfully interrogated, it is
the duty of any circuit court, upon application of the
Director or his or her authorized representative, to compel
obedience by proceedings for contempt, as in the case of
disobedience of the requirements of a subpoena issued by such
court or a refusal to testify therein. The Director may
certify to official acts.
Neither the Department nor the Director shall be held
liable for good faith errors in issuing, denying, suspending
or revoking certificates.
(f) Administrative review. A business may obtain an
administrative hearing in accordance with the Illinois
Administrative Procedure Act before the suspension or
revocation of its certificate or imposition of civil penalties
as provided by subsection (i) is effective by filing a written
request for hearing within 20 calendar days after service of
notice by the Director.
(1) A business may obtain an administrative hearing in
accordance with the Illinois Administrative Procedure Act
before the suspension or revocation of its certificate is
effective by filing a written request for hearing within
20 calendar days after service of notice by the Director.
(2) A business may obtain an administrative hearing in
accordance with the Illinois Administrative Procedure Act
before the contract award entity's abridgement or
termination of a contract is effective by filing a written
request for a hearing 20 calendar days after service of
notice by the contract award entity.
(g) Technical assistance. The Director must provide
technical assistance to any business that requests assistance
regarding this Section.
(h) Audit. The Director may audit the business's
compliance with this Section. As part of an audit, upon
request, a business must provide the Director the following
information with respect to employees expected to perform work
under the contract in each of the major job categories in the
Employer Information Report EEO-1:
(1) number of male employees;
(2) number of female employees;
(3) average annualized salaries paid to male employees
and to female employees, in the manner most consistent
with the employer's compensation system, within each major
job category;
(4) information on performance payments, benefits, or
other elements of compensation, in the manner most
consistent with the employer's compensation system, if
requested by the Director as part of a determination as to
whether these elements of compensation are different for
male and female employees;
(5) average length of service for male and female
employees in each major job category; and
(6) other information identified by the business or by
the Director, as needed, to determine compliance with
items specified in paragraph (1) of subsection (c).
(h) (i) Access to data.
(1) Any individually identifiable information
submitted to the Director within or related to an equal
pay registration application or otherwise provided by an
employer in its equal pay compliance statement under
subsection (c) shall be considered confidential
information and not subject to disclosure pursuant to the
Illinois Freedom of Information Act. As used in this
Section, "individually identifiable information" means
data submitted pursuant to this Section that is associated
with a specific person or business. Aggregate data or
reports that are reasonably calculated to prevent the
association of any data with any individual business or
person are not confidential information. Aggregate data
shall include the job category and the average hourly wage
by county for each gender, race, and ethnicity category on
the registration certificate applications. The Department
of Labor may compile aggregate data from registration
certificate applications.
(2) The Director's decision to issue, not issue,
revoke, or suspend an equal pay registration certificate
is public information.
(3) Notwithstanding this subsection (h), a current
employee of a covered business may request anonymized data
regarding their job classification or title and the pay
for that classification. No individually identifiable
information may be provided to an employee making a
request under this paragraph.
(4) Notwithstanding this subsection (h), the
Department may share data and identifiable information
with the Department of Human Rights, pursuant to its
enforcement of Article 2 of the Illinois Human Rights Act,
or the Office of the Attorney General, pursuant to its
enforcement of Section 10-104 of the Illinois Human Rights
Act.
(5) Any Department employee who willfully and
knowingly divulges, except in accordance with a proper
judicial order or otherwise provided by law, confidential
information received by the Department from any business
pursuant to this Act shall be deemed to have violated the
State Officials and Employees Ethics Act and be subject to
the penalties established under subsections (e) and (f) of
Section 50-5 of that Act after investigation and
opportunity for hearing before the Executive Ethics
Commission in accordance with Section 20-50 of that Act.
Data submitted to the Director related to equal pay
registration certificates or otherwise provided by an employer
in its equal pay compliance statement under subsection (c) are
private data on individuals or nonpublic data with respect to
persons other than Department employees. The Director's
decision to issue, not issue, revoke, or suspend an equal pay
registration certificate is public data.
(i) (j) Penalty. The Department shall impose on any
business that does not obtain an equal pay registration
certificate as required under this Section, or whose equal pay
registration certificate is suspended or revoked after a
Department investigation, a civil penalty in an amount equal
to 1% of the business's gross profits. Falsification or
misrepresentation of information on an application submitted
to the Department shall constitute a violation of this Act and
the Department may seek to suspend or revoke an equal pay
registration certificate or impose civil penalties as provided
under subsection (c) of Section 30.
(k) Whistleblower protection. As used in this subsection,
"retaliatory action" means the reprimand, discharge,
suspension, demotion, denial of promotion or transfer, or
change in the terms and conditions of employment of any
employee of a business that is taken in retaliation for the
employee's involvement in a protected activity.
(1) A business shall not take any retaliatory action
against an employee of the business because the employee
does any of the following:
(A) Discloses or threatens to disclose to a
supervisor or to a public body an activity, inaction,
policy, or practice implemented by a business that the
employee reasonably believes is in violation of a law,
rule, or regulation.
(B) Provides information to or testifies before
any public body conducting an investigation, hearing,
or inquiry into any violation of a law, rule, or
regulation by a nursing home administrator.
(C) Assists or participates in a proceeding to
enforce the provisions of this Act.
(2) A violation of this subsection (k) may be
established only upon a finding that (i) the employee of
the business engaged in conduct described in paragraph (1)
of this subsection and (ii) this conduct was a
contributing factor in the retaliatory action alleged by
the employee. There is no violation of this Section,
however, if the business demonstrates by clear and
convincing evidence that it would have taken the same
unfavorable personnel action in the absence of that
conduct.
(3) The employee of the business may be awarded all
remedies necessary to make the employee whole and to
prevent future violations of this Section. Remedies
imposed by the court may include, but are not limited to,
all of the following:
(A) Reinstatement of the employee to either the
same position held before the retaliatory action or to
an equivalent position.
(B) Two times the amount of back pay.
(C) Interest on the back pay.
(D) Reinstatement of full fringe benefits and
seniority rights.
(E) Payment of reasonable costs and attorney's
fees.
(4) Nothing in this Section shall be deemed to
diminish the rights, privileges, or remedies of an
employee of a business under any other federal or State
law, rule, or regulation or under any employment contract.
(Source: P.A. 101-656, eff. 3-23-21.)
(820 ILCS 112/30)
Sec. 30. Violations; fines and penalties.
(a) If an employee is paid by his or her employer less than
the wage to which he or she is entitled in violation of Section
10 or 11 of this Act, the employee may recover in a civil
action the entire amount of any underpayment together with
interest, compensatory damages if the employee demonstrates
that the employer acted with malice or reckless indifference,
punitive damages as may be appropriate, injunctive relief as
may be appropriate, and the costs and reasonable attorney's
fees as may be allowed by the court and as necessary to make
the employee whole. At the request of the employee or on a
motion of the Director, the Department may make an assignment
of the wage claim in trust for the assigning employee and may
bring any legal action necessary to collect the claim, and the
employer shall be required to pay the costs incurred in
collecting the claim. Every such action shall be brought
within 5 years from the date of the underpayment. For purposes
of this Act, "date of the underpayment" means each time wages
are underpaid.
(a-5) If an employer violates subsection (b), (b-5),
(b-10), or (b-20) of Section 10, the employee may recover in a
civil action any damages incurred, special damages not to
exceed $10,000, injunctive relief as may be appropriate, and
costs and reasonable attorney's fees as may be allowed by the
court and as necessary to make the employee whole. If special
damages are available, an employee may recover compensatory
damages only to the extent such damages exceed the amount of
special damages. Such action shall be brought within 5 years
from the date of the violation.
(b) The Director is authorized to supervise the payment of
the unpaid wages under subsection (a) or damages under
subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing
to any employee or employees under this Act and may bring any
legal action necessary to recover the amount of unpaid wages,
damages, and penalties or to seek injunctive relief, and the
employer shall be required to pay the costs. Any sums
recovered by the Director on behalf of an employee under this
Section shall be paid to the employee or employees affected.
(c) Employers who violate any provision of this Act or any
rule adopted under the Act are subject to a civil penalty for
each employee affected as follows:
(1) An employer with fewer than 4 employees: first
offense, a fine not to exceed $500; second offense, a fine
not to exceed $2,500; third or subsequent offense, a fine
not to exceed $5,000.
(2) An employer with between 4 and 99 4 or more
employees: first offense, a fine not to exceed $2,500;
second offense, a fine not to exceed $3,000; third or
subsequent offense, a fine not to exceed $5,000.
(3) An employer with 100 or more employees who
violates any Section of this Act except for Section 11
shall be fined up to $10,000 per employee affected. An
employer with 100 or more employees that is a business as
defined under Section 11 and commits a violation of
Section 11 shall be fined up to $10,000.
Before any imposition of a penalty under this subsection,
an employer with 100 or more employees who violates item (b) of
Section 11 and inadvertently fails to file an initial
application or recertification shall be provided 30 calendar
days by the Department to submit the application or
recertification.
An employer or person who violates subsection (b), (b-5),
(b-10), (b-20), or (c) of Section 10 is subject to a civil
penalty not to exceed $5,000 for each violation for each
employee affected.
(d) In determining the amount of the penalty, the
appropriateness of the penalty to the size of the business of
the employer charged and the gravity of the violation shall be
considered. The penalty may be recovered in a civil action
brought by the Director in any circuit court.
(Source: P.A. 101-177, eff. 9-29-19.)
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