SB1466sam001 101ST GENERAL ASSEMBLY

Sen. Cristina Castro

Filed: 3/13/2019

 

 


 

 


 
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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 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 equal skill, effort,
13and responsibility, and which are performed under similar
14working conditions, except where the payment is made under:
15        (1) a seniority system;
16        (2) a merit system;

 

 

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

 

 

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1    ancestry, age, marital status, physical or mental
2    disability, military status, sexual orientation, or
3    pregnancy or (ii) a factor that would constitute unlawful
4    discrimination under the Illinois Human Rights Act.
5    An employer who is paying wages in violation of this Act
6may not, to comply with this Act, reduce the wages of any other
7employee.
8    Nothing in this Act may be construed to require an employer
9to pay, to any employee at a workplace in a particular county,
10wages that are equal to the wages paid by that employer at a
11workplace in another county to employees in jobs the
12performance of which requires equal skill, effort, and
13responsibility, and which are performed under similar working
14conditions.
15    (b) It is unlawful for any employer to interfere with,
16restrain, or deny the exercise of or the attempt to exercise
17any right provided under this Act. It is unlawful for any
18employer to discharge or in any other manner discriminate
19against any individual for inquiring about, disclosing,
20comparing, or otherwise discussing the employee's wages or the
21wages of any other employee, or aiding or encouraging any
22person to exercise his or her rights under this Act.
23    (c) It is unlawful for any person to discharge or in any
24other manner discriminate against any individual because the
25individual:
26        (1) has filed any charge or has instituted or caused to

 

 

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1    be instituted any proceeding under or related to this Act;
2        (2) has given, or is about to give, any information in
3    connection with any inquiry or proceeding relating to any
4    right provided under this Act; or
5        (3) has testified, or is about to testify, in any
6    inquiry or proceeding relating to any right provided under
7    this Act.
8(Source: P.A. 100-1140, eff. 1-1-19.)".