SB3975 104TH GENERAL ASSEMBLY

LRB104 20750 SPS 34254 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3975

Introduced 2/6/2026, by Sen. Omar Aquino

SYNOPSIS AS INTRODUCED:

820 ILCS 112/12 new

Amends the Equal Pay Act of 2003. Provides that, no later than 2 years after the effective date of the amendatory Act, the Department of Labor shall adopt rules that require specified employers doing business in the State to file an annual report, that will be made available to the public on a dedicated page of the Department's website, regarding workforce management policies, practices, and performance with respect to the employer. Describes the information required to be reported. Sets forth provisions concerning the standardization of data and exemptions to the provision.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Equal Pay Act of 2003 is amended by adding Section 12 as follows:

(820 ILCS 112/12 new)

Sec. 12. Disclosures relating to workforce management.

(a) No later than 2 years after the effective date of this amendatory Act of the 104th General Assembly, the Department shall adopt rules that require each employer that is doing business in this State and that has more than $100,000,000 in annual revenue and over 100 employees to file and make publicly available on its website an annual report describing the employer's workforce management policies, practices, and performance.

(b) Each annual report filed with the Department in accordance with the rules adopted under subsection (a) shall include disclosure of the following with respect to the employer filing the report for the year covered by the report:

(1) workforce demographic information, including:

(A) the number of full-time employees, the number of part-time employees, and the number of contingent workers, including temporary and contract workers, with respect to the employer, which shall include demographic information with respect to those categories of individuals, including information regarding race, ethnicity, and gender;

(B) any policies or practices of the employer relating to subcontracting, outsourcing, and insourcing individuals to perform work for the employer, which shall include demographic information with respect to those individuals, including information regarding race, ethnicity, and gender; and

(C) whether the percentage of full-time equivalent hours by contingent workers with respect to the employer has changed, including temporary and contract workers, as compared with the previous annual report filed by the employer under this subsection;

(2) workforce stability information, including information about the voluntary turnover or retention rate, the involuntary turnover rate, the internal hiring rate, the internal promotion rate, and the horizontal job change rate by quintile and demographic information;

(3) workforce composition, including:

(A) data on diversity, including racial, ethnic, and gender composition, for senior executives and other individuals in the workforce; and

(B) any policies, audits, and programming expenditures relating to diversity;

(4) workforce skills and capabilities, including:

(A) information about training and cross-training of employees and contingent workers by quintile and demographic information, distinguishing between compliance training, career development training, job performance or technical training, and training tied to recognized postsecondary credentials;

(B) average number of hours of training for each employee and contingent worker;

(C) total spending on training for all employees and contingent workers;

(D) average spending per employee or contingent worker;

(E) training utilization rates; and

(F) whether completion of training opportunities translates into value added benefit for workers, as determined by wage increases or internal promotions;

(5) workforce health, safety, and well-being, including information regarding:

(A) the frequency, severity, and lost time due to injuries, physical and mental illness, and fatalities;

(B) the scope, frequency, and total expenditure on workplace health, safety, and well-being programs;

(C) the total dollar value of assessed fines under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.);

(D) the total number of actions brought under Section 13 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 662) to prevent imminent dangers;

(E) the total number of actions brought against the employer under subsection (c) of Section 11 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 660(c));

(F) any findings of workplace harassment or workplace discrimination during the 5 fiscal year period of the employer preceding the fiscal year in which the report is filed; and

(G) communication channels and grievance mechanisms in place for employees and contingent workers;

(6) workforce accessibility, including information regarding:

(A) workplace policies in place to ensure compliance with the Americans with Disabilities Act; and

(B) the total dollar value of assessed fines under the Americans with Disabilities Act;

(7) workforce compensation and incentives, including information regarding:

(A) total workforce costs, including salaries and wages, health benefits, other ancillary benefit costs, and pension costs;

(B) workforce benefits, including paid leave, health care, child care, and retirement, including information regarding benefits that are provided to:

(i) full-time employees and not to part-time employees; or

(ii) employees and not to contingent workers;

(C) total contributions made to unemployment insurance by the employer, how many employees to whom those contributions apply, and the total amount paid in unemployment compensation to individuals who were laid off by the employer;

(D) policies and practices regarding how performance, productivity, equity, and sustainability are considered when setting pay and making promotion decisions; and

(E) policies and practices relating to any incentives and bonuses provided to employees and any policies or practices designed to counter any risks created by such incentives and bonuses;

(8) workforce recruiting and needs, including:

(A) the number of new jobs created, seeking to be filled, and filled, disaggregated based on classification status;

(B) the share of new jobs that require a bachelor's degree or higher;

(C) the retention rate for individuals hired to fill the jobs described in subparagraph (B); and

(9) workforce engagement and productivity, including information regarding policies and practices of the employer relating to:

(A) engagement, productivity, and mental well-being of employees and contingent workers; and

(B) freedom of association and work-life balance initiatives, including flexibility and the ability of the workforce to work remotely.

(c) To the maximum extent feasible, the information described in subsection (b) shall be disaggregated by:

(1) the workforce composition described in paragraph (3) of subsection (b);

(2) wage quintiles of the employees of the employer for the year covered by the applicable annual report; and

(3) the employment status of individuals performing services for the employer, including whether those individuals are full-time employees, part-time employees, or contingent workers.

(d) The form and manner of the data reported under subsection (b) shall allow the data to be tagged in a standardized format determined by the Department.

(e) When collecting data required under subsection (b) for workers based outside of the country, employers shall:

(1) collect data in a form and manner consistent with workforce practices of the country in which the workers are based, so long as the employer continues to comply with subsection (d);

(2) maintain compliance with any privacy laws in other countries that might restrict collection of any of the data otherwise required in this Act; and

(3) make all reasonable efforts to standardize workforce data across countries where the employer has workers so the data is clear and easy to understand.

(f) Except as provided in subsection (g), no person may file a report or document under this Section that contains a false material fact or omits a material fact needed to make the report accurate and not misleading.

(g) A person shall not be liable under this subsection if the person shows that the person had, after reasonable investigation, reasonable ground to believe, and did believe, at the time the applicable statement was made, that the statement was true and that there was no omission to state a material fact necessary to make the statement made, in the light of the circumstances under which it is made, not misleading.

(h) This Section shall not apply to an investment company registered under Section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8).