Section 320.140  Recordkeeping Requirements

a)         An employer subject to any provision of the Act shall make and preserve records that document the name, address, and occupation of each employee; the wages paid to each employee and any other forms of compensation provided by the employer; dates of hire, dates of promotion, dates of pay increases, and dates any other compensation was provided by the employer, if applicable, for each employee; and payroll records. 

b)         The employer shall also preserve any records made in the regular course of the business operation related to personnel records, employee qualifications for hire, (including but not limited to applications for employment submitted by job applicants), promotion, transfer, discharge or other disciplinary action, wage rates, skills testing certifications, job evaluations, job descriptions, merit systems, seniority systems, written job offers, individual employment contracts, collective bargaining agreements, description of practices or other matters that describe or explain the basis for payment of any wage differential between employees of different sexes or the basis for payment of wages to any employee who is African-American at a rate less than the rate paid to employees who are not African-American by the same employer and that may be pertinent to a determination whether the differential or lower wage payment is based on a factor other than sex or race.

c)         In addition to the recordkeeping requirements set forth in the Act, an employer subject to Section 10(b-25) of the Act shall also make and preserve records that document:

1)         the pay scale and benefits for each job posting, such as a visual representation of that the posting looked like when it was published, made by the employer, the employer's agent, or a third party engaged by the employer; and

2)         the promotional opportunities communicated to current employees as required by the Act, such as a visual representation of that the posting looked like when it was published. If the employer engages a third party to announce, post, publish, or otherwise make known job postings, the employer should also maintain records of such announcements.  See Section 20 of the Act.

d)         The records required by subsections (a), (b), and (c) shall be preserved and maintained for a period of not less than 5 years unless the records relate to an ongoing investigation or enforcement action under the Act, in which case the records must be maintained until their destruction is authorized by the Department or by court order.

(Source:  Amended at 50 Ill. Reg. 8918, effective June 18, 2026)