Synopsis As Introduced Creates the Equal Pay Act of 2003. Provides that no employer may discriminate between employees on the basis of sex by paying wages solely on the basis of the employee's gender. Prohibits retaliatory discharge or discrimination against an employee on the basis of the employee's use of the Act and provides for penalties for violations of the Act, including a Class B misdemeanor for retaliatory discharge or discrimination by the employer. Provides that the Director of Labor shall administer and enforce the Act. Provides that every employer subject to the Act shall preserve specified records for not less than 3 years. Provides that every employer covered by the Act shall post a notice summarizing the requirements of the Act. Provides that the Department of Labor shall conduct ongoing outreach and education efforts concerning the Act.
Senate Committee Amendment No. 2 In provisions creating an exception to the prohibition against discriminating between employees on the basis of sex where the payment is made under a differential based on a factor other than sex, provides instead that the exception applies if the differential is based on a factor other than (i) sex or (ii) a factor that would constitute unlawful discrimination under the Illinois Human Rights Act. Changes the amount of the civil penalty for violating the Act, and replaces the criminal penalty with specified civil relief for the employee. Prohibits discharging or discriminating against any employee because that employee has consulted counsel in connection with instituting any proceeding under the Act.
Fiscal Note (Department of Labor)
Administration of the Act would required the addition of one Equal Pay Officer, one Statistical Research Specialist II, one Research Economist, and one Executive I (outreach). The Department would also need additional monies for printing costs associated with the required postings. The fiscal impact is as follows: Equal Pay Officer $40,000; Statistical Research Specialist II $50,000; Research Economist $55,000; Executive I $35,000; fringes $45,200; contractual services (6 months legal research) $50,000; travel $18,500; commodities $3,000; printing $15,000; equipment $6,000; EDP equipment $6,000; telecommunications $3,000. Total cost $326,700.
Senate Floor Amendment No. 3 Provides that the Act may not be construed to require an employer to pay, to any employee at a workplace in a particular municipality, wages that are equal to the wages paid by that employer at a workplace in another municipality to employees in jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
State Mandates Fiscal Note (S-AM 2) (Illinois State Board of Education)
Senate Bill creates a personnel mandate for school districts in that it requires additional insurance coverage for employees. The State Mandates Act is not amended so local school districts would not have to comply unless the state reimbursed them. If the cost is less than $1,000 per district or less than $50,000 across all school districts, schools would have to comply and bear the cost. It is unclear how much such additional coverage may cost.
State Mandates Fiscal Note (Illinois Community College System)
Under the State Mandates Act, a "State Mandate" means any State-initiated statutory or executive action that requires a unit of local government to establish, expand, or modify its activities in such a way as to necessitate additional expenditures from local revenues. Each community college is considered a unit of local government. This bill requires colleges to comply with the Act, and at this time, the ICCB believes that the colleges are non-discriminating on the basis of sex, and therefore, this mandate would require little or no additional costs to the colleges. There also is estimated to be little or no cost to the ICCB.
Senate Floor Amendment No. 4 Provides that the Act may not be construed to require an employer to pay, to any employee at a workplace in a particular county (rather than a particular municipality), wages that are equal to the wages paid by that employer at a workplace in another county (rather than another municipality) to employees in jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.
Senate Floor Amendment No. 5 Provides that an employee may recover in a civil action the entire amount (rather than the amount) of any underpayment and may collect interest, and the employee's recovery shall be "as necessary to make the employee whole". Provides that an action shall be brought within 3 years from the date the employee learned of the underpayment (rather than within 3 years from the date of the underpayment).
State Mandates Fiscal Note (S-AM3) (Dept of Commerce and Community Affairs)
SB2 as amended by SAM3, creates both a due process mandate and a local government organization and structure mandate. No State reimbursement is required due to the imposition of either type of mandate under the State Mandates Act.