Full Text of SB1308 97th General Assembly
SB1308 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1308 Introduced 2/8/2011, by Sen. Martin A. Sandoval SYNOPSIS AS INTRODUCED: |
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775 ILCS 5/8A-104 | from Ch. 68, par. 8A-104 |
820 ILCS 112/30 |
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Amends the Illinois Human Rights Act. Provides that, in addition to any other relief that may be awarded or penalties that may be imposed under the Act, in a proceeding brought under the Employment Article, if there is a finding that an employer committed a civil rights violation against a female employee based upon the employee's sex, the award of damages may be increased up to an amount not to exceed 3 times any actual damages sustained. Amends the Equal Pay Act of 2003. Provides that, in addition to any other relief that may be awarded or penalties that may be imposed under the Act, if there is a finding that an employer committed a violation of this Act against a female employee, the award of damages may be increased up to an amount not to exceed 3 times any underpayment.
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| | | FISCAL NOTE ACT MAY APPLY | |
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| 1 | | AN ACT concerning discrimination.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Section 8A-104 as follows:
| 6 | | (775 ILCS 5/8A-104) (from Ch. 68, par. 8A-104)
| 7 | | Sec. 8A-104. Relief; Penalties. Upon finding a civil rights
| 8 | | violation, a hearing officer may recommend and the Commission | 9 | | or any
three-member panel thereof may provide for any relief or | 10 | | penalty
identified in this Section, separately or in | 11 | | combination, by entering an
order directing the respondent to:
| 12 | | (A) Cease and Desist Order. Cease and desist from any | 13 | | violation of
this Act.
| 14 | | (B) Actual Damages. Pay actual damages, as reasonably | 15 | | determined by
the Commission, for injury or loss suffered by | 16 | | the complainant.
| 17 | | (C) Hiring; Reinstatement; Promotion; Backpay; Fringe | 18 | | Benefits.
Hire, reinstate or upgrade the complainant with or | 19 | | without back pay or
provide such fringe benefits as the | 20 | | complainant may have been denied.
| 21 | | (D) Restoration of Membership; Admission To Programs. | 22 | | Admit or
restore the complainant to labor organization | 23 | | membership, to a guidance
program, apprenticeship training |
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| 1 | | program, on the job training program,
or other occupational | 2 | | training or retraining program.
| 3 | | (E) Public Accommodations. Admit the complainant to a | 4 | | public
accommodation.
| 5 | | (F) Services. Extend to the complainant the full and equal
| 6 | | enjoyment of the goods, services, facilities, privileges, | 7 | | advantages, or
accommodations of the respondent.
| 8 | | (G) Attorneys Fees; Costs. Pay to the complainant all or a | 9 | | portion
of the costs of maintaining the action, including | 10 | | reasonable attorney
fees and expert witness fees incurred in | 11 | | maintaining this action before the
Department, the Commission | 12 | | and in any judicial review and judicial
enforcement | 13 | | proceedings. Provided, however, that no award of attorney
fees | 14 | | or costs shall be made pursuant to this amendatory Act of 1987 | 15 | | with
respect to any charge for which the complaint before the | 16 | | Commission was
filed prior to December 1, 1987. With respect to | 17 | | all charges for which
complaints were filed with the Commission | 18 | | prior to December 1, 1987,
attorney fees and costs shall be | 19 | | awarded pursuant to the terms of this
subsection as it existed | 20 | | prior to revision by this amendatory Act of 1987.
| 21 | | (H) Compliance Report. Report as to the manner of | 22 | | compliance.
| 23 | | (I) Posting of Notices. Post notices in a conspicuous place | 24 | | which
the Commission may publish or cause to be published | 25 | | setting forth
requirements for compliance with this Act or | 26 | | other relevant information
which the Commission determines |
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| 1 | | necessary to explain this Act.
| 2 | | (J) Make Complainant Whole. Take such action as may be | 3 | | necessary to make
the individual complainant whole, including, | 4 | | but not limited to, awards of
interest on the complainant's | 5 | | actual damages and backpay from the date of the
civil rights | 6 | | violation. Provided, however, that no award of prejudgment
| 7 | | interest shall be made pursuant to this amendatory Act of 1987 | 8 | | with respect
to any charge in which the complaint before the | 9 | | Commission was filed prior
to December 1, 1987. With respect to | 10 | | all charges for which complaints were
filed with the Commission | 11 | | prior to December 1, 1987, make whole relief
shall be awarded | 12 | | pursuant to this subsection as it existed prior to
revision by | 13 | | this amendatory Act of 1987.
| 14 | | There shall be no distinction made under this Section | 15 | | between complaints
filed by the Department and those filed by | 16 | | the aggrieved party.
| 17 | | In addition to any other relief that may be awarded or | 18 | | penalties that may be imposed under this Act, in a proceeding | 19 | | brought under Article 2, if there is a finding that an employer | 20 | | committed a civil rights violation against a female employee | 21 | | based upon the employee's sex, the award of damages may be | 22 | | increased up to an amount not to exceed 3 times any actual | 23 | | damages sustained. | 24 | | (Source: P.A. 86-910.)
| 25 | | Section 10. The Equal Pay Act of 2003 is amended by |
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| 1 | | changing Section 30 as follows:
| 2 | | (820 ILCS 112/30)
| 3 | | Sec. 30. Violations; fines and penalties.
| 4 | | (a) If an employee is paid by his or her employer less than | 5 | | the wage to
which he or
she is entitled in
violation of Section | 6 | | 10 of this Act, the employee may recover in a civil action
the | 7 | | entire amount of any
underpayment together with interest and | 8 | | the costs and reasonable attorney's
fees as may be
allowed by | 9 | | the
court and as necessary to make the employee whole. At the | 10 | | request of the
employee or on a motion of the Director,
the | 11 | | Department may
make an assignment of the wage claim in trust | 12 | | for the assigning employee and
may bring any
legal action | 13 | | necessary to collect the claim, and the employer shall be | 14 | | required
to pay the costs
incurred in collecting the claim. | 15 | | Every such action shall be brought within 5
years from the date
| 16 | | of the underpayment. For purposes of this Act, "date of the | 17 | | underpayment" means each time wages are underpaid.
| 18 | | (b) The Director is authorized to supervise the payment of | 19 | | the unpaid wages
owing to any
employee or employees under this | 20 | | Act and may bring any legal action necessary
to recover the
| 21 | | amount of unpaid wages and penalties and the employer shall be | 22 | | required to pay
the costs. Any
sums recovered by the Director | 23 | | on behalf of an employee under this
Section shall be
paid to | 24 | | the employee or employees affected.
| 25 | | (c) Any employer who violates any provision of this Act or |
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| 1 | | any rule
adopted under the Act is subject to a civil penalty | 2 | | not to exceed $2,500
for each violation for
each employee | 3 | | affected. In determining the amount of the penalty, the
| 4 | | appropriateness of the
penalty to the size of the business of | 5 | | the employer charged and the gravity of
the violation shall
be | 6 | | considered. The penalty may be recovered in a civil action | 7 | | brought by the
Director in
any circuit court.
| 8 | | (d) In addition to any other relief that may be awarded or | 9 | | penalties that may be imposed under this Act, if there is a | 10 | | finding that an employer committed a violation of this Act | 11 | | against a female employee, the award of damages may be | 12 | | increased up to an amount not to exceed 3 times any | 13 | | underpayment. | 14 | | (Source: P.A. 96-467, eff. 8-14-09.)
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