Illinois General Assembly - Full Text of HB1207
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Full Text of HB1207  102nd General Assembly

HB1207enr 102ND GENERAL ASSEMBLY



 


 
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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
5Section 10 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
13similar 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
5        and 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 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

 

 

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1        and 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
7employer to pay, to any employee at a workplace in a particular
8county, wages that are equal to the wages paid by that employer
9at a workplace 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
9the wage 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
12a condition of being interviewed, as a condition of continuing
13to be considered for an offer of employment, as a condition of
14an offer of employment or an offer of compensation, or (3)
15request or require that an applicant disclose wage or salary
16history as a 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    including unvested equity or deferred compensation that
14    the applicant would forfeit or have canceled by virtue of
15    the applicant's resignation from the applicant's current
16    employer. If, during such discussion, the applicant
17    voluntarily and without prompting discloses that the
18    applicant would forfeit or have canceled by virtue of the
19    applicant's resignation from the applicant's current
20    employer unvested equity or deferred compensation, an
21    employer may request the applicant to verify the aggregate
22    amount of such compensation by submitting a letter or
23    document stating the aggregate amount of the unvested
24    equity or deferred compensation from, at the applicant's
25    choice, one of the following: (1) the applicant's current
26    employer or (2) the business entity that administers the

 

 

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1    funds that constitute the unvested equity or deferred
2    compensation.
3    (b-20) An employer is not in violation of subsections
4(b-5) and (b-10) when a job applicant voluntarily and without
5prompting discloses his or her current or prior wage or salary
6history, including benefits or other compensation, on the
7condition that the employer does not consider or rely on the
8voluntary disclosures as a factor in determining whether to
9offer a job applicant employment, in making an offer of
10compensation, or in determining future wages, salary,
11benefits, or other compensation.
12    (c) It is unlawful for any person to discharge or in any
13other manner discriminate against any individual because the
14individual:
15        (1) has filed any charge or has instituted or caused
16    to be instituted any proceeding under or related to this
17    Act;
18        (2) has given, or is about to give, any information in
19    connection with any inquiry or proceeding relating to any
20    right provided under this Act;
21        (3) has testified, or is about to testify, in any
22    inquiry or proceeding relating to any right provided under
23    this Act; or
24        (4) fails to comply with any wage or salary history
25    inquiry.
26(Source: P.A. 100-1140, eff. 1-1-19; 101-177, eff. 9-29-19.)