Full Text of HB2094 100th General Assembly
HB2094ham001 100TH GENERAL ASSEMBLY | Rep. Norine K. Hammond Filed: 4/25/2017
| | 10000HB2094ham001 | | LRB100 04505 KTG 25260 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 2094
| 2 | | AMENDMENT NO. ______. Amend House Bill 2094 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Equal Pay Act of 2003 is amended by | 5 | | changing Sections 10 and 30 and by adding Section 28 as | 6 | | follows:
| 7 | | (820 ILCS 112/10)
| 8 | | Sec. 10. Prohibited acts.
| 9 | | (a) No employer may discriminate between employees on the | 10 | | basis of sex by
paying wages
to an employee at a rate less than | 11 | | the rate at which the employer pays wages to
another employee | 12 | | of
the opposite sex for the same or substantially similar work | 13 | | on jobs the
performance of which
requires equal skill, effort, | 14 | | and responsibility, and which are performed under
similar | 15 | | working
conditions, except where the payment is made under:
| 16 | | (1) a seniority system;
|
| | | 10000HB2094ham001 | - 2 - | LRB100 04505 KTG 25260 a |
|
| 1 | | (2) a merit system;
| 2 | | (3) a system that measures earnings by quantity or | 3 | | quality of production;
or
| 4 | | (4) a differential based on any other factor other
| 5 | | than: (i) sex or (ii) a factor that would constitute | 6 | | unlawful discrimination
under the Illinois Human
Rights | 7 | | Act.
| 8 | | An employer who is paying wages in violation of this Act | 9 | | may not,
to comply with
this Act, reduce the wages of any other | 10 | | employee.
| 11 | | Nothing in this Act may be construed to require an employer | 12 | | to pay, to
any employee at a workplace in a particular county, | 13 | | wages that are equal
to the wages paid by that employer at a | 14 | | workplace in another county to
employees in jobs the | 15 | | performance of which requires equal skill, effort, and
| 16 | | responsibility, and which are performed under similar working | 17 | | conditions.
| 18 | | (b) It is unlawful for any employer to interfere with, | 19 | | restrain, or
deny the exercise of or
the attempt to exercise | 20 | | any right provided under this Act. It is
unlawful for any | 21 | | employer
to discharge or in any other manner discriminate | 22 | | against any individual for
inquiring about,
disclosing, | 23 | | comparing, or otherwise discussing the employee's wages or the
| 24 | | wages
of any other
employee, or aiding or encouraging any | 25 | | person to exercise his or her rights
under this
Act. It is | 26 | | unlawful for an employer to require an employee to sign a |
| | | 10000HB2094ham001 | - 3 - | LRB100 04505 KTG 25260 a |
|
| 1 | | contract or waiver that would prohibit the employee from | 2 | | disclosing or discussing the employee's wage or salary. | 3 | | However, an employer may prohibit a human resources employee, a | 4 | | supervisor, or any other employee whose job responsibilities | 5 | | require or allow access to other employees' wage or salary | 6 | | information from disclosing such information without prior | 7 | | written consent from the employee whose information is sought | 8 | | or requested.
| 9 | | (b-5) It is unlawful for an employer to seek the wage or | 10 | | salary history of a prospective employee from the prospective | 11 | | employee or a current or former employer or to require that a | 12 | | prospective employee's prior wage or salary history meet | 13 | | certain criteria. This subsection does not apply if: | 14 | | (1) the prospective employee's wage or salary history | 15 | | is a matter of public record; | 16 | | (2) the prospective employee is a current employee of | 17 | | the employer and is applying for a position with the same | 18 | | employer; or | 19 | | (3) a prospective employee has voluntarily disclosed | 20 | | such information. | 21 | | An employer may seek or confirm a prospective employee's | 22 | | wage or salary history after an offer of employment, with | 23 | | salary or wage, has been negotiated and made to the prospective | 24 | | employee. | 25 | | (c) It is unlawful for any person to discharge or in any | 26 | | other manner
discriminate against any individual because the |
| | | 10000HB2094ham001 | - 4 - | LRB100 04505 KTG 25260 a |
|
| 1 | | individual:
| 2 | | (1) has filed any charge or has instituted or caused to | 3 | | be instituted any
proceeding under or related to this Act;
| 4 | | (2) has given, or is about to give, any information in | 5 | | connection with any
inquiry or proceeding relating to any | 6 | | right provided under this Act; or
| 7 | | (3) has testified, or is about to testify, in any | 8 | | inquiry or proceeding
relating to any right provided under | 9 | | this Act.
| 10 | | (Source: P.A. 93-6, eff. 1-1-04.)
| 11 | | (820 ILCS 112/28 new) | 12 | | Sec. 28. Self-evaluation. | 13 | | (a) An employer against whom an action is brought alleging | 14 | | a violation of subsection (a) of Section 10 and who, within the | 15 | | previous 3 years and prior to the commencement of the action, | 16 | | has completed a self-evaluation of the employer's pay practices | 17 | | in good faith and can demonstrate that reasonable progress has | 18 | | been made towards eliminating wage differentials based on | 19 | | gender for the same or substantially similar work on jobs the | 20 | | performance of which requires equal skill, effort, and | 21 | | responsibility, and which are performed under similar working | 22 | | conditions, in accordance with that evaluation, shall have an | 23 | | affirmative defense to liability under subsection (a) of | 24 | | Section 10. For purposes of this subsection, an employer's | 25 | | self-evaluation may be of the employer's own design, so long as |
| | | 10000HB2094ham001 | - 5 - | LRB100 04505 KTG 25260 a |
|
| 1 | | it is reasonable in detail and scope in light of the size of | 2 | | the employer, or may be consistent with standard templates or | 3 | | forms issued by the Department. | 4 | | (b) An employer who has completed a self-evaluation in good | 5 | | faith within the previous 3 years and prior to the commencement | 6 | | of the action and can demonstrate that reasonable progress has | 7 | | been made towards eliminating wage differentials based on | 8 | | gender for the same or substantially similar work on jobs the | 9 | | performance of which requires equal skill, effort, and | 10 | | responsibility, and which are performed under similar working | 11 | | conditions, but cannot demonstrate that the evaluation was | 12 | | reasonable in detail and scope, shall not be entitled to an | 13 | | affirmative defense under this subsection, but shall not be | 14 | | liable for any civil fine for a violation of this Act in excess | 15 | | of: | 16 | | (1) $500 per employee affected, if the employer has | 17 | | fewer than 4 employees; or | 18 | | (2) $2,500 per employee affected, if the employer has 4 | 19 | | or more employees. | 20 | | (c) Evidence of a self-evaluation or remedial steps | 21 | | undertaken in accordance with this Section shall not be | 22 | | admissible in any proceeding as evidence of a violation of this | 23 | | Act. | 24 | | (d) An employer who has not completed a self-evaluation | 25 | | shall not be subject to any negative or adverse inference as a | 26 | | result of not having completed a self-evaluation. |
| | | 10000HB2094ham001 | - 6 - | LRB100 04505 KTG 25260 a |
|
| 1 | | (e) An employer who uses the affirmative defense under this | 2 | | Section is not precluded from using any other affirmative | 3 | | defense under this Act.
| 4 | | (820 ILCS 112/30)
| 5 | | Sec. 30. Violations; fines and penalties.
| 6 | | (a) If an employee is paid by his or her employer less than | 7 | | the wage to
which he or
she is entitled in
violation of Section | 8 | | 10 of this Act, the employee may recover in a civil action
the | 9 | | entire amount of any
underpayment together with interest and | 10 | | the costs and reasonable attorney's
fees as may be
allowed by | 11 | | the
court and as necessary to make the employee whole. At the | 12 | | request of the
employee or on a motion of the Director,
the | 13 | | Department may
make an assignment of the wage claim in trust | 14 | | for the assigning employee and
may bring any
legal action | 15 | | necessary to collect the claim, and the employer shall be | 16 | | required
to pay the costs
incurred in collecting the claim. | 17 | | Every such action shall be brought within 5
years from the date
| 18 | | of the underpayment. For purposes of this Act, "date of the | 19 | | underpayment" means each time wages are underpaid.
| 20 | | (b) The Director is authorized to supervise the payment of | 21 | | the unpaid wages
owing to any
employee or employees under this | 22 | | Act and may bring any legal action necessary
to recover the
| 23 | | amount of unpaid wages and penalties and the employer shall be | 24 | | required to pay
the costs. Any
sums recovered by the Director | 25 | | on behalf of an employee under this
Section shall be
paid to |
| | | 10000HB2094ham001 | - 7 - | LRB100 04505 KTG 25260 a |
|
| 1 | | the employee or employees affected.
| 2 | | (c) Employers who violate any provision of this Act or any | 3 | | rule
adopted under the Act are subject to a civil penalty for | 4 | | each employee affected as follows: | 5 | | (1) An employer with fewer than 4 employees: first | 6 | | offense, a fine not to exceed $500; second offense, a fine | 7 | | not to exceed $2,500; third or subsequent offense, a fine | 8 | | not to exceed $5,000. | 9 | | (2) An employer with 4 or more employees: first | 10 | | offense, a fine not to exceed $2,500; second offense, a | 11 | | fine not to exceed $3,000; third or subsequent offense, a | 12 | | fine not to exceed $5,000. | 13 | | An employer or person who violates subsection (b) or (c) of | 14 | | Section 10 is subject to a civil penalty not to exceed $5,000 | 15 | | for each violation for each employee affected. | 16 | | (d) In determining the amount of the penalty, the
| 17 | | appropriateness of the
penalty to the size of the business of | 18 | | the employer charged and the gravity of
the violation shall
be | 19 | | considered. The penalty may be recovered in a civil action | 20 | | brought by the
Director in
any circuit court.
| 21 | | (e) If an employee recovers unpaid wages under this Section | 22 | | and also files a complaint or brings an action under 29 U.S.C | 23 | | Section 206(d) which results in additional recovery under | 24 | | federal law for the same violation, the employee shall return | 25 | | to the employer the amounts recovered under this Section or the | 26 | | amounts recovered under federal law, whichever is less. |
| | | 10000HB2094ham001 | - 8 - | LRB100 04505 KTG 25260 a |
|
| 1 | | (Source: P.A. 99-418, eff. 1-1-16 .)".
|
|