97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1308

 

Introduced 2/8/2011, by Sen. Martin A. Sandoval

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/8A-104  from Ch. 68, par. 8A-104
820 ILCS 112/30

    Amends the Illinois Human Rights Act. Provides that, in addition to any other relief that may be awarded or penalties that may be imposed under the Act, in a proceeding brought under the Employment Article, if there is a finding that an employer committed a civil rights violation against a female employee based upon the employee's sex, the award of damages may be increased up to an amount not to exceed 3 times any actual damages sustained. Amends the Equal Pay Act of 2003. Provides that, in addition to any other relief that may be awarded or penalties that may be imposed under the Act, if there is a finding that an employer committed a violation of this Act against a female employee, the award of damages may be increased up to an amount not to exceed 3 times any underpayment.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning discrimination.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by
5changing Section 8A-104 as follows:
 
6    (775 ILCS 5/8A-104)  (from Ch. 68, par. 8A-104)
7    Sec. 8A-104. Relief; Penalties. Upon finding a civil rights
8violation, a hearing officer may recommend and the Commission
9or any three-member panel thereof may provide for any relief or
10penalty identified in this Section, separately or in
11combination, by entering an order directing the respondent to:
12    (A) Cease and Desist Order. Cease and desist from any
13violation of this Act.
14    (B) Actual Damages. Pay actual damages, as reasonably
15determined by the Commission, for injury or loss suffered by
16the complainant.
17    (C) Hiring; Reinstatement; Promotion; Backpay; Fringe
18Benefits. Hire, reinstate or upgrade the complainant with or
19without back pay or provide such fringe benefits as the
20complainant may have been denied.
21    (D) Restoration of Membership; Admission To Programs.
22Admit or restore the complainant to labor organization
23membership, to a guidance program, apprenticeship training

 

 

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1program, on the job training program, or other occupational
2training or retraining program.
3    (E) Public Accommodations. Admit the complainant to a
4public accommodation.
5    (F) Services. Extend to the complainant the full and equal
6enjoyment of the goods, services, facilities, privileges,
7advantages, or accommodations of the respondent.
8    (G) Attorneys Fees; Costs. Pay to the complainant all or a
9portion of the costs of maintaining the action, including
10reasonable attorney fees and expert witness fees incurred in
11maintaining this action before the Department, the Commission
12and in any judicial review and judicial enforcement
13proceedings. Provided, however, that no award of attorney fees
14or costs shall be made pursuant to this amendatory Act of 1987
15with respect to any charge for which the complaint before the
16Commission was filed prior to December 1, 1987. With respect to
17all charges for which complaints were filed with the Commission
18prior to December 1, 1987, attorney fees and costs shall be
19awarded pursuant to the terms of this subsection as it existed
20prior to revision by this amendatory Act of 1987.
21    (H) Compliance Report. Report as to the manner of
22compliance.
23    (I) Posting of Notices. Post notices in a conspicuous place
24which the Commission may publish or cause to be published
25setting forth requirements for compliance with this Act or
26other relevant information which the Commission determines

 

 

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1necessary to explain this Act.
2    (J) Make Complainant Whole. Take such action as may be
3necessary to make the individual complainant whole, including,
4but not limited to, awards of interest on the complainant's
5actual damages and backpay from the date of the civil rights
6violation. Provided, however, that no award of prejudgment
7interest shall be made pursuant to this amendatory Act of 1987
8with respect to any charge in which the complaint before the
9Commission was filed prior to December 1, 1987. With respect to
10all charges for which complaints were filed with the Commission
11prior to December 1, 1987, make whole relief shall be awarded
12pursuant to this subsection as it existed prior to revision by
13this amendatory Act of 1987.
14    There shall be no distinction made under this Section
15between complaints filed by the Department and those filed by
16the aggrieved party.
17    In addition to any other relief that may be awarded or
18penalties that may be imposed under this Act, in a proceeding
19brought under Article 2, if there is a finding that an employer
20committed a civil rights violation against a female employee
21based upon the employee's sex, the award of damages may be
22increased up to an amount not to exceed 3 times any actual
23damages sustained.
24(Source: P.A. 86-910.)
 
25    Section 10. The Equal Pay Act of 2003 is amended by

 

 

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1changing Section 30 as follows:
 
2    (820 ILCS 112/30)
3    Sec. 30. Violations; fines and penalties.
4    (a) If an employee is paid by his or her employer less than
5the wage to which he or she is entitled in violation of Section
610 of this Act, the employee may recover in a civil action the
7entire amount of any underpayment together with interest and
8the costs and reasonable attorney's fees as may be allowed by
9the court and as necessary to make the employee whole. At the
10request of the employee or on a motion of the Director, the
11Department may make an assignment of the wage claim in trust
12for the assigning employee and may bring any legal action
13necessary to collect the claim, and the employer shall be
14required to pay the costs incurred in collecting the claim.
15Every such action shall be brought within 5 years from the date
16of the underpayment. For purposes of this Act, "date of the
17underpayment" means each time wages are underpaid.
18    (b) The Director is authorized to supervise the payment of
19the unpaid wages owing to any employee or employees under this
20Act and may bring any legal action necessary to recover the
21amount of unpaid wages and penalties and the employer shall be
22required to pay the costs. Any sums recovered by the Director
23on behalf of an employee under this Section shall be paid to
24the employee or employees affected.
25    (c) Any employer who violates any provision of this Act or

 

 

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1any rule adopted under the Act is subject to a civil penalty
2not to exceed $2,500 for each violation for each employee
3affected. In determining the amount of the penalty, the
4appropriateness of the penalty to the size of the business of
5the employer charged and the gravity of the violation shall be
6considered. The penalty may be recovered in a civil action
7brought by the Director in any circuit court.
8    (d) In addition to any other relief that may be awarded or
9penalties that may be imposed under this Act, if there is a
10finding that an employer committed a violation of this Act
11against a female employee, the award of damages may be
12increased up to an amount not to exceed 3 times any
13underpayment.
14(Source: P.A. 96-467, eff. 8-14-09.)