Sen. Cristina Castro

Filed: 3/15/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1466

2    AMENDMENT NO. ______. Amend Senate Bill 1466 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Equal Pay Act of 2003 is amended by
5changing Section 10 as follows:
 
6    (820 ILCS 112/10)
7    Sec. 10. Prohibited acts.
8    (a) No employer may discriminate between employees on the
9basis of race, color, religion, sex, national origin, ancestry,
10age, marital status, physical or mental disability, military
11status, unfavorable discharge from military service, order of
12protection status, sexual orientation, or pregnancy by paying
13wages to an employee at a rate less than the rate at which the
14employer pays wages to another employee who is not a member of
15a protected class that is based upon race, color, religion,
16sex, national origin, ancestry, age, marital status, physical

 

 

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1or mental disability, military status, unfavorable discharge
2from military service, order of protection status, sexual
3orientation, or pregnancy of the opposite sex for the same or
4substantially similar work on jobs, the performance of which
5requires equal skill, effort, and responsibility, and which are
6performed under similar working conditions, except where the
7payment is made under:
8        (1) a seniority system;
9        (2) a merit system;
10        (3) a system that measures earnings by quantity or
11    quality of production; or
12        (4) a differential based on any other factor other
13    than: (i) race, color, religion, sex, national origin,
14    ancestry, age, marital status, physical or mental
15    disability, military status, unfavorable discharge from
16    military service, order of protection status, sexual
17    orientation, or pregnancy or (ii) a factor that would
18    constitute unlawful discrimination under the Illinois
19    Human Rights Act.
20    No employer may discriminate between employees by paying
21wages to an African-American employee at a rate less than the
22rate at which the employer pays wages to another employee who
23is not African-American for the same or substantially similar
24work on jobs the performance of which requires equal skill,
25effort, and responsibility, and which are performed under
26similar working conditions, except where the payment is made

 

 

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1under:
2        (1) a seniority system;
3        (2) a merit system;
4        (3) a system that measures earnings by quantity or
5    quality of production; or
6        (4) a differential based on any other factor other
7    than: (i) race or (ii) a factor that would constitute
8    unlawful discrimination under the Illinois Human Rights
9    Act.
10    An employer who is paying wages in violation of this Act
11may not, to comply with this Act, reduce the wages of any other
12employee.
13    Nothing in this Act may be construed to require an employer
14to pay, to any employee at a workplace in a particular county,
15wages that are equal to the wages paid by that employer at a
16workplace in another county to employees in jobs the
17performance of which requires equal skill, effort, and
18responsibility, and which are performed under similar working
19conditions.
20    (b) It is unlawful for any employer to interfere with,
21restrain, or deny the exercise of or the attempt to exercise
22any right provided under this Act. It is unlawful for any
23employer to discharge or in any other manner discriminate
24against any individual for inquiring about, disclosing,
25comparing, or otherwise discussing the employee's wages or the
26wages of any other employee, or aiding or encouraging any

 

 

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1person to exercise his or her rights under this Act.
2    (c) It is unlawful for any person to discharge or in any
3other manner discriminate against any individual because the
4individual:
5        (1) has filed any charge or has instituted or caused to
6    be instituted any proceeding under or related to this Act;
7        (2) has given, or is about to give, any information in
8    connection with any inquiry or proceeding relating to any
9    right provided under this Act; or
10        (3) has testified, or is about to testify, in any
11    inquiry or proceeding relating to any right provided under
12    this Act.
13(Source: P.A. 100-1140, eff. 1-1-19.)".