Illinois General Assembly - Full Text of HB0834
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Full Text of HB0834  101st General Assembly

HB0834enr 101ST GENERAL ASSEMBLY

  
  
  

 


 
HB0834 EnrolledLRB101 06799 TAE 51826 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 5. The Equal Pay Act of 2003 is amended by changing
5Sections 10 and 30 as follows:
 
6    (820 ILCS 112/10)
7    Sec. 10. Prohibited acts.
8    (a) No employer may discriminate between employees on the
9basis of sex by paying wages to an employee at a rate less than
10the rate at which the employer pays wages to another employee
11of the opposite sex for the same or substantially similar work
12on jobs the performance of which requires substantially similar
13equal skill, effort, and responsibility, and which are
14performed under similar working conditions, except where the
15payment is made under:
16        (1) a seniority system;
17        (2) a merit system;
18        (3) a system that measures earnings by quantity or
19    quality of production; or
20        (4) a differential based on any other factor other
21    than: (i) sex or (ii) a factor that would constitute
22    unlawful discrimination under the Illinois Human Rights
23    Act, provided that the factor: .

 

 

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1            (A) is not based on or derived from a differential
2        in compensation based on sex or another protected
3        characteristic;
4            (B) is job-related with respect to the position and
5        consistent with a business necessity; and
6            (C) accounts for the differential.
7    No employer may discriminate between employees by paying
8wages to an African-American employee at a rate less than the
9rate at which the employer pays wages to another employee who
10is not African-American for the same or substantially similar
11work on jobs the performance of which requires substantially
12similar equal skill, effort, and responsibility, and which are
13performed under similar working conditions, except where the
14payment is made under:
15        (1) a seniority system;
16        (2) a merit system;
17        (3) a system that measures earnings by quantity or
18    quality of production; or
19        (4) a differential based on any other factor other
20    than: (i) race or (ii) a factor that would constitute
21    unlawful discrimination under the Illinois Human Rights
22    Act, provided that the factor: .
23            (A) is not based on or derived from a differential
24        in compensation based on race or another protected
25        characteristic;
26            (B) is job-related with respect to the position and

 

 

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1        consistent with a business necessity; and
2            (C) accounts for the differential.
3    An employer who is paying wages in violation of this Act
4may not, to comply with this Act, reduce the wages of any other
5employee.
6    Nothing in this Act may be construed to require an employer
7to pay, to any employee at a workplace in a particular county,
8wages that are equal to the wages paid by that employer at a
9workplace in another county to employees in jobs the
10performance of which requires equal skill, effort, and
11responsibility, and which are performed under similar working
12conditions.
13    (b) It is unlawful for any employer to interfere with,
14restrain, or deny the exercise of or the attempt to exercise
15any right provided under this Act. It is unlawful for any
16employer to discharge or in any other manner discriminate
17against any individual for inquiring about, disclosing,
18comparing, or otherwise discussing the employee's wages or the
19wages of any other employee, or aiding or encouraging any
20person to exercise his or her rights under this Act. It is
21unlawful for an employer to require an employee to sign a
22contract or waiver that would prohibit the employee from
23disclosing or discussing information about the employee's
24wages, salary, benefits, or other compensation. An employer
25may, however, prohibit a human resources employee, a
26supervisor, or any other employee whose job responsibilities

 

 

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1require or allow access to other employees' wage or salary
2information from disclosing that information without prior
3written consent from the employee whose information is sought
4or requested.
5    (b-5) It is unlawful for an employer or employment agency,
6or employee or agent thereof, to (1) screen job applicants
7based on their current or prior wages or salary histories,
8including benefits or other compensation, by requiring that the
9wage or salary history of an applicant satisfy minimum or
10maximum criteria, (2) request or require a wage or salary
11history as a condition of being considered for employment, as a
12condition of being interviewed, as a condition of continuing to
13be considered for an offer of employment, as a condition of an
14offer of employment or an offer of compensation, or (3) request
15or require that an applicant disclose wage or salary history as
16a condition of employment.
17    (b-10) It is unlawful for an employer to seek the wage or
18salary history, including benefits or other compensation, of a
19job applicant from any current or former employer. This
20subsection (b-10) does not apply if:
21        (1) the job applicant's wage or salary history is a
22    matter of public record under the Freedom of Information
23    Act, or any other equivalent State or federal law, or is
24    contained in a document completed by the job applicant's
25    current or former employer and then made available to the
26    public by the employer, or submitted or posted by the

 

 

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1    employer to comply with State or federal law; or
2        (2) the job applicant is a current employee and is
3    applying for a position with the same current employer.
4    (b-15) Nothing in subsections (b-5) and (b-10) shall be
5construed to prevent an employer or employment agency, or an
6employee or agent thereof, from:
7        (1) providing information about the wages, benefits,
8    compensation, or salary offered in relation to a position;
9    or
10        (2) engaging in discussions with an applicant for
11    employment about the applicant's expectations with respect
12    to wage or salary, benefits, and other compensation.
13    (b-20) An employer is not in violation of subsections (b-5)
14and (b-10) when a job applicant voluntarily and without
15prompting discloses his or her current or prior wage or salary
16history, including benefits or other compensation, on the
17condition that the employer does not consider or rely on the
18voluntary disclosures as a factor in determining whether to
19offer a job applicant employment, in making an offer of
20compensation, or in determining future wages, salary,
21benefits, or other compensation.
22    (c) It is unlawful for any person to discharge or in any
23other manner discriminate against any individual because the
24individual:
25        (1) has filed any charge or has instituted or caused to
26    be instituted any proceeding under or related to this Act;

 

 

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1        (2) has given, or is about to give, any information in
2    connection with any inquiry or proceeding relating to any
3    right provided under this Act; or
4        (3) has testified, or is about to testify, in any
5    inquiry or proceeding relating to any right provided under
6    this Act; or .
7        (4) fails to comply with any wage or salary history
8    inquiry.
9(Source: P.A. 100-1140, eff. 1-1-19.)
 
10    (820 ILCS 112/30)
11    Sec. 30. Violations; fines and penalties.
12    (a) If an employee is paid by his or her employer less than
13the wage to which he or she is entitled in violation of Section
1410 of this Act, the employee may recover in a civil action the
15entire amount of any underpayment together with interest,
16compensatory damages if the employee demonstrates that the
17employer acted with malice or reckless indifference, punitive
18damages as may be appropriate, injunctive relief as may be
19appropriate, and the costs and reasonable attorney's fees as
20may be allowed by the court and as necessary to make the
21employee whole. At the request of the employee or on a motion
22of the Director, the Department may make an assignment of the
23wage claim in trust for the assigning employee and may bring
24any legal action necessary to collect the claim, and the
25employer shall be required to pay the costs incurred in

 

 

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1collecting the claim. Every such action shall be brought within
25 years from the date of the underpayment. For purposes of this
3Act, "date of the underpayment" means each time wages are
4underpaid.
5    (a-5) If an employer violates subsection (b), (b-5),
6(b-10), or (b-20) of Section 10, the employee may recover in a
7civil action any damages incurred, special damages not to
8exceed $10,000, injunctive relief as may be appropriate, and
9costs and reasonable attorney's fees as may be allowed by the
10court and as necessary to make the employee whole. If special
11damages are available, an employee may recover compensatory
12damages only to the extent such damages exceed the amount of
13special damages. Such action shall be brought within 5 years
14from the date of the violation.
15    (b) The Director is authorized to supervise the payment of
16the unpaid wages under subsection (a) or damages under
17subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing to
18any employee or employees under this Act and may bring any
19legal action necessary to recover the amount of unpaid wages,
20damages, and penalties or to seek injunctive relief, and the
21employer shall be required to pay the costs. Any sums recovered
22by the Director on behalf of an employee under this Section
23shall be paid to the employee or employees affected.
24    (c) Employers who violate any provision of this Act or any
25rule adopted under the Act are subject to a civil penalty for
26each employee affected as follows:

 

 

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1        (1) An employer with fewer than 4 employees: first
2    offense, a fine not to exceed $500; second offense, a fine
3    not to exceed $2,500; third or subsequent offense, a fine
4    not to exceed $5,000.
5        (2) An employer with 4 or more employees: first
6    offense, a fine not to exceed $2,500; second offense, a
7    fine not to exceed $3,000; third or subsequent offense, a
8    fine not to exceed $5,000.
9    An employer or person who violates subsection (b), (b-5),
10(b-10), (b-20), or (c) of Section 10 is subject to a civil
11penalty not to exceed $5,000 for each violation for each
12employee affected.
13    (d) In determining the amount of the penalty, the
14appropriateness of the penalty to the size of the business of
15the employer charged and the gravity of the violation shall be
16considered. The penalty may be recovered in a civil action
17brought by the Director in any circuit court.
18(Source: P.A. 99-418, eff. 1-1-16.)
 
19    Section 99. Effective date. This Act takes effect 60 days
20after becoming law.