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Full Text of HB2094  100th General Assembly

HB2094ham001 100TH GENERAL ASSEMBLY

Rep. Norine K. Hammond

Filed: 4/25/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2094

2    AMENDMENT NO. ______. Amend House Bill 2094 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Equal Pay Act of 2003 is amended by
5changing Sections 10 and 30 and by adding Section 28 as
6follows:
 
7    (820 ILCS 112/10)
8    Sec. 10. Prohibited acts.
9    (a) No employer may discriminate between employees on the
10basis of sex by paying wages to an employee at a rate less than
11the rate at which the employer pays wages to another employee
12of the opposite sex for the same or substantially similar work
13on jobs the performance of which requires equal skill, effort,
14and responsibility, and which are performed under similar
15working conditions, except where the payment is made under:
16        (1) a seniority system;

 

 

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

 

 

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1contract or waiver that would prohibit the employee from
2disclosing or discussing the employee's wage or salary.
3However, an employer may prohibit a human resources employee, a
4supervisor, or any other employee whose job responsibilities
5require or allow access to other employees' wage or salary
6information from disclosing such information without prior
7written consent from the employee whose information is sought
8or requested.
9    (b-5) It is unlawful for an employer to seek the wage or
10salary history of a prospective employee from the prospective
11employee or a current or former employer or to require that a
12prospective employee's prior wage or salary history meet
13certain criteria. This subsection does not apply if:
14        (1) the prospective employee's wage or salary history
15    is a matter of public record;
16        (2) the prospective employee is a current employee of
17    the employer and is applying for a position with the same
18    employer; or
19        (3) a prospective employee has voluntarily disclosed
20    such information.
21    An employer may seek or confirm a prospective employee's
22wage or salary history after an offer of employment, with
23salary or wage, has been negotiated and made to the prospective
24employee.
25    (c) It is unlawful for any person to discharge or in any
26other manner discriminate against any individual because the

 

 

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1individual:
2        (1) has filed any charge or has instituted or caused to
3    be instituted any proceeding under or related to this Act;
4        (2) has given, or is about to give, any information in
5    connection with any inquiry or proceeding relating to any
6    right provided under this Act; or
7        (3) has testified, or is about to testify, in any
8    inquiry or proceeding relating to any right provided under
9    this Act.
10(Source: P.A. 93-6, eff. 1-1-04.)
 
11    (820 ILCS 112/28 new)
12    Sec. 28. Self-evaluation.
13    (a) An employer against whom an action is brought alleging
14a violation of subsection (a) of Section 10 and who, within the
15previous 3 years and prior to the commencement of the action,
16has completed a self-evaluation of the employer's pay practices
17in good faith and can demonstrate that reasonable progress has
18been made towards eliminating wage differentials based on
19gender for the same or substantially similar work on jobs the
20performance of which requires equal skill, effort, and
21responsibility, and which are performed under similar working
22conditions, in accordance with that evaluation, shall have an
23affirmative defense to liability under subsection (a) of
24Section 10. For purposes of this subsection, an employer's
25self-evaluation may be of the employer's own design, so long as

 

 

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1it is reasonable in detail and scope in light of the size of
2the employer, or may be consistent with standard templates or
3forms issued by the Department.
4    (b) An employer who has completed a self-evaluation in good
5faith within the previous 3 years and prior to the commencement
6of the action and can demonstrate that reasonable progress has
7been made towards eliminating wage differentials based on
8gender for the same or substantially similar work on jobs the
9performance of which requires equal skill, effort, and
10responsibility, and which are performed under similar working
11conditions, but cannot demonstrate that the evaluation was
12reasonable in detail and scope, shall not be entitled to an
13affirmative defense under this subsection, but shall not be
14liable for any civil fine for a violation of this Act in excess
15of:
16        (1) $500 per employee affected, if the employer has
17    fewer than 4 employees; or
18        (2) $2,500 per employee affected, if the employer has 4
19    or more employees.
20    (c) Evidence of a self-evaluation or remedial steps
21undertaken in accordance with this Section shall not be
22admissible in any proceeding as evidence of a violation of this
23Act.
24    (d) An employer who has not completed a self-evaluation
25shall not be subject to any negative or adverse inference as a
26result of not having completed a self-evaluation.

 

 

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1    (e) An employer who uses the affirmative defense under this
2Section is not precluded from using any other affirmative
3defense under this Act.
 
4    (820 ILCS 112/30)
5    Sec. 30. Violations; fines and penalties.
6    (a) If an employee is paid by his or her employer less than
7the wage to which he or she is entitled in violation of Section
810 of this Act, the employee may recover in a civil action the
9entire amount of any underpayment together with interest and
10the costs and reasonable attorney's fees as may be allowed by
11the court and as necessary to make the employee whole. At the
12request of the employee or on a motion of the Director, the
13Department may make an assignment of the wage claim in trust
14for the assigning employee and may bring any legal action
15necessary to collect the claim, and the employer shall be
16required to pay the costs incurred in collecting the claim.
17Every such action shall be brought within 5 years from the date
18of the underpayment. For purposes of this Act, "date of the
19underpayment" means each time wages are underpaid.
20    (b) The Director is authorized to supervise the payment of
21the unpaid wages owing to any employee or employees under this
22Act and may bring any legal action necessary to recover the
23amount of unpaid wages and penalties and the employer shall be
24required to pay the costs. Any sums recovered by the Director
25on behalf of an employee under this Section shall be paid to

 

 

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1the employee or employees affected.
2    (c) Employers who violate any provision of this Act or any
3rule adopted under the Act are subject to a civil penalty for
4each employee affected as follows:
5        (1) An employer with fewer than 4 employees: first
6    offense, a fine not to exceed $500; second offense, a fine
7    not to exceed $2,500; third or subsequent offense, a fine
8    not to exceed $5,000.
9        (2) An employer with 4 or more employees: first
10    offense, a fine not to exceed $2,500; second offense, a
11    fine not to exceed $3,000; third or subsequent offense, a
12    fine not to exceed $5,000.
13    An employer or person who violates subsection (b) or (c) of
14Section 10 is subject to a civil penalty not to exceed $5,000
15for each violation for each employee affected.
16    (d) In determining the amount of the penalty, the
17appropriateness of the penalty to the size of the business of
18the employer charged and the gravity of the violation shall be
19considered. The penalty may be recovered in a civil action
20brought by the Director in any circuit court.
21    (e) If an employee recovers unpaid wages under this Section
22and also files a complaint or brings an action under 29 U.S.C
23Section 206(d) which results in additional recovery under
24federal law for the same violation, the employee shall return
25to the employer the amounts recovered under this Section or the
26amounts recovered under federal law, whichever is less.

 

 

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1(Source: P.A. 99-418, eff. 1-1-16.)".