HB4604 EngrossedLRB102 23341 SPS 32507 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 3. The Equal Pay Act of 2003 is amended by changing
5Section 11 as follows:
6    (820 ILCS 112/11)
7    Sec. 11. Equal pay registration certificate requirements;
8application. For the purposes of this Section 11 only,
9"business" means any private employer who has 100 or more more
10than 100 employees in the State of Illinois and is required to
11file an Annual Employer Information Report EEO-1 with the
12Equal Employment Opportunity Commission, but does not include
13the State of Illinois or any political subdivision, municipal
14corporation, or other governmental unit or agency.
15    (a) A business must obtain an equal pay registration
16certificate from the Department.
17    (b) Any business subject to the requirements of this
18Section that is authorized to transact business in this State
19on March 23, 2021 shall submit an application to obtain an
20equal pay registration certificate, between March 24, 2022 and
21March 23, 2024, and must recertify every 2 years thereafter.
22Any business subject to the requirements of this Section that
23is authorized to transact business in this State after March



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123, 2021 must submit an application to obtain an equal pay
2registration certificate within 3 years of commencing business
3operations, but not before January 1, 2024, and must recertify
4every 2 years thereafter. The Department shall collect contact
5information from each business subject to this Section. The
6Department shall assign each business a date by which it must
7submit an application to obtain an equal pay registration
8certificate. The business shall recertify every 2 years at a
9date to be determined by the Department. When a business
10receives a notice from the Department to recertify for its
11equal pay registration certificate, if the business has fewer
12than 100 employees, the business must certify in writing to
13the Department that it is exempt from this Section. Any new
14business that is subject to this Section and authorized to
15conduct business in this State, after the effective date of
16this amendatory Act of the 102nd General Assembly, shall
17submit its contact information to the Department by January 1
18of the following year and shall be assigned a date by which it
19must submit an application to obtain an equal pay registration
20certificate. The Department's failure to assign a business a
21registration date does not exempt the business from compliance
22with this Section. The failure of the Department to notify a
23business of its recertification deadline may be a mitigating
24factor when making a determination of a violation of this
26    (c) Application.



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1        (1) A business shall apply for an equal pay
2    registration certificate by paying a $150 filing fee and
3    submitting wage records and an equal pay compliance
4    statement to the Director as follows:
5            (A) Wage Records. Any business that is required to
6        file an annual Employer Information Report EEO-1 with
7        the Equal Employment Opportunity Commission must also
8        submit to the Director a copy of the business's most
9        recently filed Employer Information Report EEO-1. The
10        business shall also compile a list of all employees
11        during the past calendar year, separated by gender and
12        the race and ethnicity categories as reported in the
13        business's most recently filed Employer Information
14        Report EEO-1, and the county in which the employee
15        works, the date the employee started working for the
16        business, any other information the Department deems
17        necessary to determine if pay equity exists among
18        employees, and report the total wages as defined by
19        Section 2 of the Illinois Wage Payment and Collection
20        Act paid to each employee during the past calendar
21        year, rounded to the nearest $100, to the Director.
22            (B) Equal Pay Compliance Statement. The business
23        must submit a statement signed by a corporate officer,
24        legal counsel, or authorized agent of the business
25        certifying:
26                (i) that the business is in compliance with



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1            this Act and other relevant laws, including but
2            not limited to: Title VII of the Civil Rights Act
3            of 1964, the Equal Pay Act of 1963, the Illinois
4            Human Rights Act, and the Equal Wage Act;
5                (ii) that the average compensation for its
6            female and minority employees is not consistently
7            below the average compensation, as determined by
8            rule by the United States Department of Labor, for
9            its male and non-minority employees within each of
10            the major job categories in the Employer
11            Information Report EEO-1 for which an employee is
12            expected to perform work, taking into account
13            factors such as length of service, requirements of
14            specific jobs, experience, skill, effort,
15            responsibility, working conditions of the job,
16            education or training, job location, use of a
17            collective bargaining agreement, or other
18            mitigating factors; as used in this subparagraph,
19            "minority" has the meaning ascribed to that term
20            in paragraph (1) of subsection (A) of Section 2 of
21            the Business Enterprise for Minorities, Women, and
22            Persons with Disabilities Act;
23                (iii) that the business does not restrict
24            employees of one sex to certain job
25            classifications, and makes retention and promotion
26            decisions without regard to sex;



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1                (iv) that wage and benefit disparities are
2            corrected when identified to ensure compliance
3            with the Acts cited in item (i);
4                (v) how often wages and benefits are
5            evaluated; and
6                (vi) the approach the business takes in
7            determining what level of wages and benefits to
8            pay its employees; acceptable approaches include,
9            but are not limited to, a wage and salary survey.
10            (C) Filing fee. The business shall pay to the
11        Department a filing fee of $150. Proceeds from the
12        fees collected under this Section shall be deposited
13        into the Equal Pay Registration Fund, a special fund
14        created in the State treasury. Moneys in the Fund
15        shall be appropriated to the Department for the
16        purposes of this Section.
17        (2) Receipt of the equal pay compliance application
18    and statement by the Director does not establish
19    compliance with the Acts set forth in item (i) of
20    subparagraph (B) of paragraph (1) of this subsection (c).
21        (3) A business that has employees in multiple
22    locations or facilities in Illinois shall submit a single
23    application to the Department regarding all of its
24    operations in Illinois.
25    (d) Issuance or rejection of registration certificate.
26After January 1, 2022, the Director must issue an equal pay



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1registration certificate, or a statement of why the
2application was rejected, within 45 calendar days of receipt
3of the application. Applicants shall have the opportunity to
4cure any deficiencies in its application that led to the
5rejection, and re-submit the revised application to the
6Department within 30 calendar days of receiving a rejection.
7Applicants shall have the ability to appeal rejected
8applications. An application may be rejected only if it does
9not comply with the requirements of subsection (c), or the
10business is otherwise found to be in violation of this Act. The
11receipt of an application by the Department, or the issuance
12of a registration certificate by the Department, shall not
13establish compliance with the Equal Pay Act of 2003 as to all
14Sections except Section 11. The issuance of a registration
15certificate shall not be a defense against any Equal Pay Act
16violation found by the Department, nor a basis for mitigation
17of damages.
18    (e) Revocation of registration certificate. An equal pay
19registration certificate for a business may be suspended or
20revoked by the Director when the business fails to make a good
21faith effort to comply with the Acts identified in item (i) of
22subparagraph (B) of paragraph (1) of subsection (c), fails to
23make a good faith effort to comply with this Section, or has
24multiple violations of this Section or the Acts identified in
25item (i) of subparagraph (B) of paragraph (1) of subsection
26(c). Prior to suspending or revoking a registration



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1certificate, the Director must first have sought to conciliate
2with the business regarding wages and benefits due to
4    Consistent with Section 25, prior to or in connection with
5the suspension or revocation of an equal pay registration
6certificate, the Director, or his or her authorized
7representative, may interview workers, administer oaths, take
8or cause to be taken the depositions of witnesses, and require
9by subpoena the attendance and testimony of witnesses, and the
10production of personnel and compensation information relative
11to the matter under investigation, hearing or a
12department-initiated audit.
13    Neither the Department nor the Director shall be held
14liable for good faith errors in issuing, denying, suspending
15or revoking certificates.
16    (f) Administrative review. A business may obtain an
17administrative hearing in accordance with the Illinois
18Administrative Procedure Act before the suspension or
19revocation of its certificate or imposition of civil penalties
20as provided by subsection (i) is effective by filing a written
21request for hearing within 20 calendar days after service of
22notice by the Director.
23    (g) Technical assistance. The Director must provide
24technical assistance to any business that requests assistance
25regarding this Section.
26    (h) Access to data.



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1        (1) Any individually identifiable information
2    submitted to the Director within or related to an equal
3    pay registration application or otherwise provided by an
4    employer in its equal pay compliance statement under
5    subsection (c) shall be considered confidential
6    information and not subject to disclosure pursuant to the
7    Illinois Freedom of Information Act. As used in this
8    Section, "individually identifiable information" means
9    data submitted pursuant to this Section that is associated
10    with a specific person or business. Aggregate data or
11    reports that are reasonably calculated to prevent the
12    association of any data with any individual business or
13    person are not confidential information. Aggregate data
14    shall include the job category and the average hourly wage
15    by county for each gender, race, and ethnicity category on
16    the registration certificate applications. The Department
17    of Labor may compile aggregate data from registration
18    certificate applications.
19        (2) The Director's decision to issue, not issue,
20    revoke, or suspend an equal pay registration certificate
21    is public information.
22        (3) Notwithstanding this subsection (h), a current
23    employee of a covered business may request anonymized data
24    regarding their job classification or title and the pay
25    for that classification. No individually identifiable
26    information may be provided to an employee making a



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1    request under this paragraph.
2        (4) Notwithstanding this subsection (h), the
3    Department may share data and identifiable information
4    with the Department of Human Rights, pursuant to its
5    enforcement of Article 2 of the Illinois Human Rights Act,
6    or the Office of the Attorney General, pursuant to its
7    enforcement of Section 10-104 of the Illinois Human Rights
8    Act.
9        (5) Any Department employee who willfully and
10    knowingly divulges, except in accordance with a proper
11    judicial order or otherwise provided by law, confidential
12    information received by the Department from any business
13    pursuant to this Act shall be deemed to have violated the
14    State Officials and Employees Ethics Act and be subject to
15    the penalties established under subsections (e) and (f) of
16    Section 50-5 of that Act after investigation and
17    opportunity for hearing before the Executive Ethics
18    Commission in accordance with Section 20-50 of that Act.
19    (i) Penalty. Falsification or misrepresentation of
20information on an application submitted to the Department
21shall constitute a violation of this Act and the Department
22may seek to suspend or revoke an equal pay registration
23certificate or impose civil penalties as provided under
24subsection (c) of Section 30.
25(Source: P.A. 101-656, eff. 3-23-21; 102-36, eff. 6-25-21.)



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1    Section 5. The Occupational Safety and Health Act is
2amended by changing Sections 25, 60, 65, 80, 85, 90, 100, and
3110 as follows:
4    (820 ILCS 219/25)
5    Sec. 25. Occupational safety and health standards.
6    (a) All federal occupational safety and health standards
7which the United States Secretary of Labor has promulgated or
8modified in accordance with the federal Occupational Safety
9and Health Act of 1970 and which are in effect on the effective
10date of this Act shall be and are hereby made rules of the
11Department unless the Director promulgates an alternate
12standard that is at least as effective in providing safe and
13healthful employment and places of employment as a federal
14standard. Before developing and adopting an alternate standard
15or modifying or revoking an existing standard, the Director
16must consider factual information that includes:
17        (1) Expert technical knowledge.
18        (2) Input from interested persons, including
19    employers, employees, recognized standards-producing
20    organizations, and the public.
21    (b) All federal occupational safety and health standards
22which the United States Secretary of Labor promulgates or
23modifies in accordance with the federal Occupational Safety
24and Health Act of 1970 on or after the effective date of this
25Act, unless revoked by the Secretary of Labor, shall become



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1rules of the Department within 6 months after their federal
2promulgation date, unless there has been in effect in this
3State at the time of the promulgation or modification of the
4federal standard an alternate State standard that is at least
5as effective in providing safe and healthful employment and
6places of employment as a federal standard. The alternate
7State standard, if not currently contained in the Department's
8rules, shall not become effective, however, unless the
9Department, within 45 days after the federal promulgation
10date, files with the office of the Secretary of State in
11Springfield, Illinois, a certified copy of the rule as
12provided in the Illinois Administrative Procedure Act.
13(Source: P.A. 98-874, eff. 1-1-15.)
14    (820 ILCS 219/60)
15    Sec. 60. Employers' records.
16    (a) The Director shall adopt rules requiring public
17employers to maintain accurate records of, and to make reports
18on, work-related deaths, injuries, and illnesses, other than
19minor injuries requiring only first aid treatment and which do
20not involve medical treatment, loss of consciousness,
21restriction of work or motion, or transfer to another job. The
22rules shall specifically include all of the reporting
23provisions of Section 6 of the Workers' Compensation Act and
24Section 6 of the Workers' Occupational Diseases Act. The
25records shall be available to any State agency requiring such



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2    (b) The Director shall adopt rules requiring public
3employers to maintain accurate records of employee exposures
4to potentially toxic materials or harmful physical agents
5which are required to be monitored or measured under this Act.
6The rules shall provide employees or their authorized
7representative with an opportunity to observe the monitoring
8or measuring, and to have access to the records of the
9monitoring or measuring. The rules shall provide appropriate
10means by which each employee or former employee may have
11access to such records as will indicate his or her exposure to
12toxic materials or harmful physical agents.
13    (c) A public employer shall promptly notify any employee
14who has been or is being exposed to toxic materials or harmful
15physical agents in concentrations or at levels which exceed
16those prescribed by an occupational safety and health standard
17and shall inform the employee who is being thus exposed of the
18action being taken by the employer to correct such exposure.
19(Source: P.A. 98-874, eff. 1-1-15.)
20    (820 ILCS 219/65)
21    Sec. 65. Periodic inspection of workplaces.
22    (a) The Director shall enforce the occupational safety and
23health standards and rules promulgated under this Act and any
24occupational health and safety regulations relating to
25inspection of places of employment, and shall visit and



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1inspect, as often as practicable, the places of employment
2covered by this Act.
3    (b) The Director or his or her authorized representative,
4upon presenting appropriate credentials to a public employer's
5agent in charge, has the right to enter and inspect all places
6of employment covered by this Act as follows:
7        (1) An inspector may enter without delay and at
8    reasonable times any establishment, construction site, or
9    other area, workplace, or environment where work is
10    performed by an employee of a public employer in order to
11    enforce the occupational safety and health standards
12    adopted under this Act.
13        (2) If a public employer refuses entry to an inspector
14    upon being presented with proper credentials or allows
15    entry but then refuses to permit or hinders the inspection
16    in any way, the inspector shall leave the premises and
17    immediately report the refusal to authorized management
18    within the Division. Authorized management shall notify
19    the Director to initiate the compulsory legal process to
20    obtain entry or obtain a warrant for entry, or both.
21        (3) An inspector may inspect and investigate during
22    regular working hours and at other reasonable times, and
23    within reasonable limits and in a reasonable manner, any
24    workplace described in paragraph (1) and all pertinent
25    conditions, structures, machines, apparatus, devices,
26    equipment, and materials therein, and to question



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1    privately the employer or any agent or employee of the
2    employer.
3        (4) The owner, operator, manager, or lessee of any
4    workplace covered by this Act, and his or her agent or
5    employee, and any employer affected by this Act shall,
6    when requested by the Division of Occupational Safety and
7    Health or any duly authorized agent of that Division: (i)
8    furnish any information in his or her possession or under
9    his or her control which the Department is authorized to
10    require, (ii) answer truthfully all questions required to
11    be put to him or her, and (iii) cooperate in the making of
12    a proper inspection.
13    (c) In making his or her inspection and investigations
14under this Act, the Director of Labor has the power to require
15the attendance and testimony of witnesses and the production
16of evidence under oath.
17(Source: P.A. 98-874, eff. 1-1-15; 99-336, eff. 8-10-15.)
18    (820 ILCS 219/80)
19    Sec. 80. Violation of Act or standard; citation.
20    (a) Upon inspection or investigation of a workplace, if
21the Director or his or her authorized representative believes
22that a public employer has violated a requirement of this Act
23or a standard, rule, or regulation promulgated under this Act,
24he or she shall with reasonable promptness issue a citation to
25the employer. A citation shall: (i) be in writing, (ii)



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1describe with particularity the nature of the violation and
2include a reference to the provision of the Act, standard,
3rule, or regulation alleged to have been violated, and (iii)
4fix a reasonable time for the abatement of the violation.
5    (b) Each citation issued under this Section, or a copy or
6copies thereof, shall be prominently posted at or near the
7place at which the violation occurred as prescribed in rules
8adopted by the Director.
9    (c) A citation shall be served on the employer or the
10employer's agent by delivering a copy to the person upon whom
11the service is to be had, or by leaving a copy at his or her
12usual place of business or abode, or by sending a copy by
13certified mail to his or her place of business, or by sending a
14copy by email to an email address previously designated by the
15employer for purposes of receiving notice under this Act.
16    (d) A citation may not be issued under this Section after
17the expiration of 6 months following the occurrence of any
19(Source: P.A. 98-874, eff. 1-1-15.)
20    (820 ILCS 219/85)
21    Sec. 85. Civil penalties.
22    (a) After an inspection of a workplace under this Act, if
23the Director issues a citation, he or she shall, within 5 days
24after issuing the citation, notify the employer by certified
25mail, or by email to an email address previously designated by



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1the employer for purposes of receiving notice under this Act,
2of any civil penalty proposed to be assessed for the violation
3set forth in the citation.
4    (b) If the Director has reason to believe that an employer
5has failed to correct a violation for which a citation has been
6issued within the period permitted for its correction, the
7Director shall notify the employer by certified mail, or by
8email to an email address previously designated by the
9employer for purposes of receiving notice under this Act, of
10that failure and of the civil penalty proposed to be assessed
11for that failure.
12    (c) Civil penalties authorized under this Section are as
14        (1) A public employer that repeatedly violates this
15    Act, the Safety Inspection and Education Act, or the
16    Health and Safety Act, or any combination of those Acts,
17    or any standard, rule, regulation, or order under any of
18    those Acts, may be assessed a civil penalty of not more
19    than $10,000 per violation.
20        (2) A public employer that intentionally violates this
21    Act, the Safety Inspection and Education Act, or the
22    Health and Safety Act, or any standard, rule, regulation,
23    or order under any of those Acts, or who demonstrates
24    plain indifference to any provision of any of those Acts
25    or any such standard, rule, regulation, or order, may be
26    assessed a civil penalty of not more than $10,000 per



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1    violation.
2        (3) A public employer that has received a citation for
3    a serious violation of this Act, the Safety Inspection and
4    Education Act, or the Health and Safety Act, or any
5    standard, rule, regulation, or order under any of those
6    Acts, may be assessed a civil penalty up to $1,000 for each
7    such violation.
8        (4) A public employer that has received a citation for
9    a violation of this Act, the Safety Inspection and
10    Education Act, or the Health and Safety Act, or any
11    standard, rule, regulation, or order under any of those
12    Acts, which is not a serious violation, may be assessed a
13    civil penalty of up to $1,000 for each such violation.
14        (5) A public employer that violates a posting
15    requirement is subject to the following citations and
16    proposed penalty structure:
17            (A) Job Safety and Health Poster: an other than
18        serious citation and a proposed penalty of $1,000.
19            (B) Annual Summary of Work-Related Injuries and
20        Illnesses (OSHA Form 300A): an other than serious
21        citation and a proposed penalty of $1,000, even if
22        there are no recordable injuries or illnesses.
23            (C) Citation: an other than serious citation and a
24        proposed penalty of $1,000.
25        (6) A public employer that fails to correct a
26    violation for which a citation has been issued within the



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1    time period permitted may be assessed a civil penalty of
2    up to $1,000 for each day the violation continues.
3    (d) For purposes of this Section, a "serious violation"
4shall be deemed to exist in a workplace if there is a
5substantial probability that death or serious physical harm
6could result from (i) a condition which exists or (ii) one or
7more practices, means, methods, operations, or processes which
8have been adopted or are in use in the workplace, unless the
9employer did not know and could not, with the exercise of
10reasonable diligence, have known of the presence of the
12    (e) The Director may assess civil penalties as provided in
13this Section, giving due consideration to the appropriateness
14of the penalty. A penalty may be reduced by the Director or the
15Director's authorized representative based on the public
16employer's good faith, size of business, and history of
17previous violations.
18    (f) The Attorney General may bring an action in the
19circuit court to enforce the collection of any civil penalty
20assessed under this Act.
21    (g) All civil penalties collected under this Act shall be
22deposited into the General Revenue Fund of the State of
24(Source: P.A. 98-874, eff. 1-1-15.)
25    (820 ILCS 219/90)



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1    Sec. 90. Informal review.
2    (a) A public employer may submit in writing data relating
3to the abatement of a hazard to be considered by an authorized
4representative of the Director. The authorized representative
5shall notify the interested parties if such data will be used
6to modify an abatement order.
7    (b) Within 15 business working days after receiving a
8citation, proposed assessment of a civil penalty, or notice of
9failure to correct a violation, a public employer or the
10employer's agent may request that an authorized representative
11of the Director review abatement dates, reclassify violations
12(such as willful to serious, serious to other than serious),
13or modify or withdraw a penalty, a citation, or a citation
14item, or any combination of those, if the employer presents
15evidence during the informal conference which convinces the
16authorized representative that the changes are justified.
17(Source: P.A. 98-874, eff. 1-1-15.)
18    (820 ILCS 219/100)
19    Sec. 100. Hearing.
20    (a) If a public employer or the employer's representative
21notifies the Director that the employer intends to contest a
22citation and notice of penalty or if, within 15 business
23working days after the issuance of the citation, an employee
24or representative of employees files a notice with the
25Director alleging that the period of time fixed in the



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1citation for the abatement of the violation is unreasonable,
2the Director shall afford an opportunity for a hearing before
3an Administrative Law Judge designated by the Director.
4    (b) At the hearing, the employer or employee shall state
5his or her objections to the citation and provide evidence why
6the citation should not stand as issued. The Director or his or
7her representative shall be given the opportunity to state his
8or her reasons for issuing the citation. Affected employees
9shall be provided an opportunity to participate as parties to
10hearings under the rules of procedure prescribed by the
11Director (56 Ill. Admin. Code, Part 120).
12    (c) The Director, or the Administrative Law Judge on
13behalf of the Director, has the power to do the following:
14        (1) Issue subpoenas for and compel the attendance of
15    witnesses.
16        (2) Hear testimony and receive evidence.
17        (3) Order testimony of a witness residing within or
18    without this State to be taken by deposition in the manner
19    prescribed by law for depositions in civil cases in the
20    circuit court in any proceeding pending before him or her
21    at any stage of such proceeding.
22    (d) Subpoenas and commissions to take testimony shall be
23issued by under seal of the Director. Service of subpoenas may
24be made by a sheriff or any other person.
25    (e) The circuit court for the county where any hearing is
26pending may compel the attendance of witnesses, the production



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1of pertinent books, papers, records, or documents, and the
2giving of testimony before the Director or an Administrative
3Law Judge by an attachment proceeding, as for contempt, in the
4same manner as the production of evidence may be compelled
5before the court.
6    (f) The Administrative Law Judge on behalf of the
7Director, after considering the evidence presented at the
8formal hearing, in accordance with the Director's rules, shall
9enter a final decision and order within a reasonable time
10affirming, modifying, or vacating the citation or proposed
11assessment of a civil penalty, or directing other appropriate
13(Source: P.A. 98-874, eff. 1-1-15.)
14    (820 ILCS 219/110)
15    Sec. 110. Discrimination against employee prohibited.
16    (a) A person may not discharge or in any way discriminate
17against an employee because the employee has: (i) filed a
18complaint or instituted or caused to be instituted any
19proceeding under this Act, (ii) testified or is about to
20testify in any such proceeding, or (iii) exercised, on his or
21her own behalf or on behalf of another person, any right
22afforded by this Act, including reporting potential violations
23of this Act to a member of management with authority to address
24the concerns.
25    (b) An employee who believes that he or she has been



HB4604 Engrossed- 22 -LRB102 23341 SPS 32507 b

1discharged or otherwise discriminated against by an employer
2in violation of this Section may, within 30 calendar days
3after the violation occurs, file a complaint with the Director
4alleging the discrimination.
5    (c) Upon receipt of the complaint, the Director shall
6cause an investigation to be made as the Director deems
7appropriate. After the investigation, if the Director
8determines that the employer has violated this Section, the
9Director shall bring an action in the circuit court for
10appropriate relief, including rehiring or reinstatement of the
11employee to his or her former position with back pay, after
12taking into account any interim earnings of the employee. In
13such matters the Director shall be represented by the Attorney
15(Source: P.A. 98-874, eff. 1-1-15.)
16    Section 99. Effective date. This Section and Section 3
17takes effect immediately.