Bill Status of HB0881  101st General Assembly


Short Description:  EQUAL PAY ACT WAGE INFORMATION

House Sponsors
Rep. Margo McDermed - Grant Wehrli - Mark Batinick - Jim Durkin - Lindsay Parkhurst, Steven Reick, Ryan Spain, Thomas Morrison, Andrew S. Chesney, Norine K. Hammond, Dan Ugaste, Avery Bourne, Tom Weber, Tim Butler, Mike Murphy and Allen Skillicorn

Last Action
DateChamber Action
  1/13/2021HouseSession Sine Die

Statutes Amended In Order of Appearance
820 ILCS 112/10
820 ILCS 112/28 new
820 ILCS 112/30


Synopsis As Introduced
Amends the Equal Pay Act of 2003. Provides that it is unlawful for an employer to require an employee to sign a contract or waiver that would prohibit the employee from disclosing or discussing the employee's wage or salary; however, an employer may prohibit a human resources employee, a supervisor, or any other employee whose job responsibilities require or allow access to other employees' wage or salary information from disclosing such information without prior written consent from the employee whose information is sought or requested. Provides that it is unlawful for an employer to seek the wage or salary history of a prospective employee from the prospective employee or a current or former employer or to require that a prospective employee's prior wage or salary history meet certain criteria, with some exceptions. Provides that an employer against whom an action is brought alleging a violation of the Act's prohibition against gender-based wage differentials and who, within the previous 3 years and prior to the commencement of the action, has completed a self-evaluation of the employer's pay practices in good faith and can demonstrate that reasonable progress has been made toward eliminating wage differentials based on gender for the same or substantially similar work in accordance with that evaluation shall have an affirmative defense to liability. Provides that an employer who cannot demonstrate that the evaluation was reasonable in detail and scope shall not be entitled to an affirmative defense, but shall not be liable for any civil fine in excess of: (1) $500 per employee affected, if the employer has fewer than 4 employees; or (2) $2,500 per employee affected, if the employer has 4 or more employees. Provides that if an employee recovers unpaid wages under the Act and also files a complaint or brings a sex discrimination action under the federal Fair Labor Standards Act of 1938 that results in additional recovery under federal law for the same violation, the employee shall return to the employer the amounts recovered under State law or the amounts recovered under federal law, whichever is less.

Actions 
DateChamber Action
  1/24/2019HouseFiled with the Clerk by Rep. Margo McDermed
  1/28/2019HouseFirst Reading
  1/28/2019HouseReferred to Rules Committee
  1/30/2019HouseAdded Co-Sponsor Rep. Steven Reick
  2/5/2019HouseAssigned to Labor & Commerce Committee
  2/26/2019HouseAdded Chief Co-Sponsor Rep. Grant Wehrli
  2/26/2019HouseAdded Chief Co-Sponsor Rep. Mark Batinick
  2/26/2019HouseAdded Chief Co-Sponsor Rep. Jim Durkin
  2/26/2019HouseAdded Chief Co-Sponsor Rep. Lindsay Parkhurst
  2/27/2019HouseAdded Co-Sponsor Rep. Ryan Spain
  2/27/2019HouseTo Wage Policy and Study Subcommittee
  2/28/2019HouseAdded Co-Sponsor Rep. Thomas Morrison
  2/28/2019HouseAdded Co-Sponsor Rep. Andrew S. Chesney
  2/28/2019HouseAdded Co-Sponsor Rep. Norine K. Hammond
  2/28/2019HouseAdded Co-Sponsor Rep. Dan Ugaste
  2/28/2019HouseAdded Co-Sponsor Rep. Avery Bourne
  3/4/2019HouseAdded Co-Sponsor Rep. Tom Weber
  3/13/2019HouseAdded Co-Sponsor Rep. Tim Butler
  3/13/2019HouseAdded Co-Sponsor Rep. Mike Murphy
  3/26/2019HouseAdded Co-Sponsor Rep. Allen Skillicorn
  3/29/2019HouseRule 19(a) / Re-referred to Rules Committee
  1/13/2021HouseSession Sine Die