Illinois General Assembly - Full Text of SB0002
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Full Text of SB0002  93rd General Assembly

SB0002 93rd General Assembly


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 1        AN ACT in relation to equal pay.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.   Short  Title.  This Act may be cited as the
 5    Equal Pay Act of 2003.

 6        Section 5.  Definitions.  As used in this Act:
 7        "Director" means the Director of  Labor.
 8        "Department" means the Department of Labor.
 9        "Employee" means any individual permitted to work  by  an
10    employer.
11        "Employer" means an individual, partnership, corporation,
12    association, business, trust, person, or entity for whom 4 or
13    more   employees  are  gainfully  employed  in  Illinois  and
14    includes  the  State  of   Illinois,   any   state   officer,
15    department,  or agency, any unit of local government, and any
16    school district.

17        Section 10.  Prohibited acts.
18        (a)  No employer may discriminate  between  employees  on
19    the  basis  of  sex  by paying wages to an employee at a rate
20    less than the rate  at  which  the  employer  pays  wages  to
21    another  employee  of  the  opposite  sex  for  the  same  or
22    substantially  similar  work on jobs the performance of which
23    requires equal skill, effort, and responsibility,  and  which
24    are  performed under similar working conditions, except where
25    the payment is made under:
26             (1) a seniority system;
27             (2) a merit system;
28             (3) a system that measures earnings by  quantity  or
29        quality of production; or
30             (4)  a  differential based on any other factor other
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 1        than sex.
 2        An employer who is paying wages in violation of this  Act
 3    may  not,  to  comply  with this Act, reduce the wages of any
 4    other employee.
 5        (b)  It is unlawful for any employer to  interfere  with,
 6    restrain,  or deny the exercise of or the attempt to exercise
 7    any right provided under this Act.  It is  unlawful  for  any
 8    employer  to  discharge  or  in any other manner discriminate
 9    against  any  individual  for  inquiring  about,  disclosing,
10    comparing, or otherwise discussing the  employee's  wages  or
11    the wages of any other employee, or aiding or encouraging any
12    person to exercise his or her rights under this Act.
13        (c)  It is unlawful for any person to discharge or in any
14    other  manner discriminate against any individual because the
15    individual:
16             (1)  has filed  any  charge  or  has  instituted  or
17        caused  to  be instituted any proceeding under or related
18        to this Act;
19             (2)  has given, or is about to give, any information
20        in connection with any inquiry or proceeding relating  to
21        any right provided under this Act; or
22             (3)   has  testified, or is about to testify, in any
23        inquiry or proceeding  relating  to  any  right  provided
24        under this Act.

25        Section  15.   Enforcement.   The  Director or his or her
26    authorized representative shall administer  and  enforce  the
27    provisions  of  this  Act.  The Director of Labor shall adopt
28    rules necessary to administer and enforce this Act.
29        The Department has the power to conduct investigations in
30    connection with the administration and  enforcement  of  this
31    Act   and  the  authorized  officers  and  employees  of  the
32    Department are authorized  to  investigate  and  gather  data
33    regarding   the   wages,  hours,  and  other  conditions  and
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 1    practices of employment in any industry subject to this  Act,
 2    and  may  enter  and  inspect such places and such records at
 3    reasonable times during regular business hours, question  the
 4    employees  and  investigate the facts, conditions, practices,
 5    or matters as he or she may deem necessary or appropriate  to
 6    determine  whether  any  person has violated any provision of
 7    this Act, or which may aid in the enforcement of this Act.

 8        Section 20.   Recordkeeping  requirements.   An  employer
 9    subject  to any provision of this Act shall make and preserve
10    records that document the name, address,  and  occupation  of
11    each employee, the wages paid to each employee, and any other
12    information  the  Director  may  by  rule  deem necessary and
13    appropriate for enforcement of this Act.  An employer subject
14    to any provision of this Act shall preserve those records for
15    a period of not less than 3 years and shall make reports from
16    the records as prescribed by rule or order of the Director.

17        Section 25.  Witnesses; subpoena.  The Director of  Labor
18    or his or her authorized representative may administer oaths,
19    take  or  cause to be taken the depositions of witnesses, and
20    require by subpoena the attendance and testimony of witnesses
21    and the production of all books, records, and other  evidence
22    relative  to  the  matter  under  investigation.   A subpoena
23    issued under this Section shall be signed and issued  by  the
24    Director of Labor or his or her authorized representative
25        In  case  of  failure  of  any  person to comply with any
26    subpoena lawfully issued under this Section or on the refusal
27    of any witness to produce  evidence  or  to  testify  to  any
28    matter   regarding   which   he   or   she  may  be  lawfully
29    interrogated, it is the  duty  of  any  circuit  court,  upon
30    application  of  the  Director,  or  his  or  her  authorized
31    representative,   to  compel  obedience  by  proceedings  for
32    contempt, as in the case of disobedience of the  requirements
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 1    of  a  subpoena  issued by such court or a refusal to testify
 2    therein.  The Director may certify to official acts.

 3        Section 30.  Violations; fines and penalties.
 4        (a)  If an employee is paid by his or her  employer  less
 5    than  the wage to which he or she is entitled in violation of
 6    Section 10 of this Act, the employee may recover in  a  civil
 7    action the amount of any underpayment together with the costs
 8    and  reasonable  attorney's  fees  as  may  be allowed by the
 9    court.  At the request of the employee or on a motion of  the
10    Director,  the  Department may make an assignment of the wage
11    claim in trust for the assigning employee and may  bring  any
12    legal action necessary to collect the claim, and the employer
13    shall be required to pay the costs incurred in collecting the
14    claim.   Every  such  action  shall be brought within 3 years
15    from the date of the underpayment.
16        (b) The Director is authorized to supervise  the  payment
17    of  the unpaid wages owing to any employee or employees under
18    this Act and may bring any legal action necessary to  recover
19    the  amount  of  unpaid  wages and penalties and the employer
20    shall be required to pay the costs.  Any  sums  recovered  by
21    the  Director  on  behalf  of  an employee under this Section
22    shall be paid to the employee or employees affected.
23        (c) Any employer who violates any provision of  this  Act
24    or  any  rule  adopted  under  the  Act is subject to a civil
25    penalty not to exceed $5,000  for  each  violation  for  each
26    employee affected.  In determining the amount of the penalty,
27    the  appropriateness  of  the  penalty  to  the  size  of the
28    business of the employer  charged  and  the  gravity  of  the
29    violation  shall  be considered. The penalty may be recovered
30    in a civil action brought by  the  Director  in  any  circuit
31    court.

32        Section  35.  Refusal to pay wages or final compensation;
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 1    retaliatory discharge or discrimination.
 2        (a) Any employer who has been ordered by the Director  of
 3    Labor or the court to pay wages due an employee and who fails
 4    to  do so within 15 days after the order is entered is liable
 5    to pay a penalty of 1% per calendar day to the  employee  for
 6    each  day of delay in paying the wages to the employee, up to
 7    an amount equal to twice the sum  of  unpaid  wages  due  the
 8    employee.
 9        (b)  Any  employer,  or  any  agent  of  an employer, who
10    knowingly  discharges  or  in  any  other  manner   knowingly
11    discriminates  against any employee because that employee has
12    made a complaint to his or her employer, or to  the  Director
13    or  his  or  her authorized representative, that he or she or
14    any employee of the employer has not been paid in  accordance
15    with the provisions of this Act, or because that employee has
16    instituted or caused to be instituted any proceeding under or
17    related  to  this Act, or because that employee has testified
18    or is about to testify  in  an  investigation  or  proceeding
19    under  this  Act,  or offers any evidence of any violation of
20    this Act, commits a Class B misdemeanor.

21        Section 40.  Notification.   Every  employer  covered  by
22    this Act shall post and keep posted, in conspicuous places on
23    the  premises  of the employer where notices to employees are
24    customarily posted, a notice, to be prepared or  approved  by
25    the  Director,  summarizing  the requirements of this Act and
26    information  pertaining  to  the  filing  of  a  charge.  The
27    Director shall furnish  copies  of  summaries  and  rules  to
28    employers upon request without charge.

29        Section   45.    Outreach  and  education  efforts.   The
30    Department  of  Labor  shall  conduct  ongoing  outreach  and
31    education  efforts  concerning  this  Act   targeted   toward
32    employers,   labor   organizations,   and  other  appropriate
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 1    organizations.  In addition, the Department  of  Labor  shall
 2    conduct   studies   and  provide  information  biennially  to
 3    employers,  labor  organizations,  and  the  general   public
 4    concerning  the  means available to eliminate pay disparities
 5    between men and women, including:
 6             (1) conducting and promoting research to develop the
 7        means to  correct  the  conditions  leading  to  the  pay
 8        disparities;
 9             (2)  publishing   and  otherwise making available to
10        employers,     labor     organizations,      professional
11        associations,  educational institutions, the legislature,
12        the media, and the general public the findings  resulting
13        from  studies  and  other  materials, relating to the pay
14        disparities;
15             (3)  providing  information  to   employers,   labor
16        organizations,  and other interested persons on the means
17        of eliminating pay disparities; and
18             (4) developing guidelines  to  enable  employers  to
19        evaluate  job categories based on objective criteria such
20        as   educational   requirements,   skill    requirements,
21        independence,  working  conditions,  and  responsibility.
22        These guidelines shall be designed to enable employers to
23        voluntarily  compare  wages  paid  for  different jobs to
24        determine if  the  pay  scales  involved  adequately  and
25        fairly   reflect   the  educational  requirements,  skill
26        requirements,  independence,  working   conditions,   and
27        responsibility  for  each  such  job  with  the  goal  of
28        eliminating  unfair  pay  disparities between occupations
29        traditionally dominated by men or women.

30         Section 50.  Annual Report.  The Department  shall  file
31    with  the  Governor  and  the General Assembly, no later than
32    January 1 of each year, a report of its activities  regarding
33    administration  and enforcement of this Act for the preceding
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 1    fiscal year.

 2        Section 90.  Severability.   The provisions of  this  Act
 3    are severable under Section 1.31 of the Statute on Statutes.