Full Text of SB1039 100th General Assembly
SB1039sam001 100TH GENERAL ASSEMBLY | Sen. Michael Connelly Filed: 5/3/2017
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| 1 | | AMENDMENT TO SENATE BILL 1039
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1039 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 Section 10 and by adding Section 28 as follows:
| 6 | | (820 ILCS 112/10)
| 7 | | Sec. 10. Prohibited acts.
| 8 | | (a) No employer may discriminate between employees on the | 9 | | basis of sex by
paying wages
to an employee at a rate less than | 10 | | the rate at which the employer pays wages to
another employee | 11 | | of
the opposite sex for the same or substantially similar work | 12 | | on jobs the
performance of which
requires equal skill, effort, | 13 | | and responsibility, and which are performed under
similar | 14 | | working
conditions, except where the payment is made under:
| 15 | | (1) a seniority system;
| 16 | | (2) a merit system;
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| 1 | | (3) a system that measures earnings by quantity or | 2 | | quality of production;
or
| 3 | | (4) a differential based on any other factor other
| 4 | | than: (i) sex or (ii) a factor that would constitute | 5 | | unlawful discrimination
under the Illinois Human
Rights | 6 | | Act.
| 7 | | An employer who is paying wages in violation of this Act | 8 | | may not,
to comply with
this Act, reduce the wages of any other | 9 | | employee.
| 10 | | Nothing in this Act may be construed to require an employer | 11 | | to pay, to
any employee at a workplace in a particular county, | 12 | | wages that are equal
to the wages paid by that employer at a | 13 | | workplace in another county to
employees in jobs the | 14 | | performance of which requires equal skill, effort, and
| 15 | | responsibility, and which are performed under similar working | 16 | | conditions.
| 17 | | (b) It is unlawful for any employer to interfere with, | 18 | | restrain, or
deny the exercise of or
the attempt to exercise | 19 | | any right provided under this Act. It is
unlawful for any | 20 | | employer
to discharge or in any other manner discriminate | 21 | | against any individual for
inquiring about,
disclosing, | 22 | | comparing, or otherwise discussing the employee's wages or the
| 23 | | wages
of any other
employee, or aiding or encouraging any | 24 | | person to exercise his or her rights
under this
Act. It is | 25 | | unlawful for an employer to require an employee to sign a | 26 | | contract or waiver that prohibits the employee from disclosing |
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| 1 | | or discussing the employee's wage, salary, or other | 2 | | compensation. However, an employer may prohibit a human | 3 | | resources employee, a supervisor, or any other employee whose | 4 | | job responsibilities require or allow access to other | 5 | | employees' wage, salary, or other compensation information | 6 | | from disclosing such information without prior written consent | 7 | | from the employee whose information is sought or requested.
| 8 | | (b-5) It is unlawful for an employer to seek the wage, | 9 | | salary, or other compensation history of a prospective employee | 10 | | from the prospective employee or a current or former employer | 11 | | or to require that a prospective employee's wage, salary, or | 12 | | other compensation history meet certain criteria. This | 13 | | subsection does not apply if: | 14 | | (1) the prospective employee's wage, salary, or other | 15 | | compensation history 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, salary, or other compensation history after an offer of | 23 | | employment, with wage, salary, or other compensation, has been | 24 | | negotiated and made to the prospective employee. | 25 | | (c) It is unlawful for any person to discharge or in any | 26 | | other manner
discriminate against any individual because the |
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| 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 ; or . | 10 | | (4) fails to comply with any wage history inquiry.
| 11 | | (Source: P.A. 93-6, eff. 1-1-04.)
| 12 | | (820 ILCS 112/28 new) | 13 | | Sec. 28. Self-evaluation. | 14 | | (a) An employer against whom an action is brought alleging | 15 | | a violation of subsection (a) of Section 10 and who, within the | 16 | | previous 3 years and prior to the commencement of the action, | 17 | | has completed a self-evaluation of the employer's pay practices | 18 | | and can demonstrate that progress has been made towards | 19 | | eliminating wage differentials based upon gender for the same | 20 | | or substantially similar work on jobs the performance of which | 21 | | requires equal skill, effort, and responsibility, and which are | 22 | | performed under similar working conditions, in accordance with | 23 | | that evaluation, shall have an affirmative defense to liability | 24 | | under subsection (a) of Section 10. For purposes of this | 25 | | subsection, an employer's self-evaluation may be of the |
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| 1 | | employer's own design so long as it is, in light of the size of | 2 | | the employer, reasonable in detail and scope. | 3 | | A self-evaluation plan may include, but is not limited to, | 4 | | the following components: | 5 | | (1) an evaluation of the employer's compensation | 6 | | system for internal equity; | 7 | | (2) an evaluation of the employer's compensation | 8 | | system for industry competitiveness; | 9 | | (3) examination of the employers' compensation system | 10 | | and comparison of job grades or scores; | 11 | | (4) a review of data for personnel entering the | 12 | | employer; | 13 | | (5) an assessment of how raises are awarded; and | 14 | | (6) an evaluation of employee training, development, | 15 | | and promotion opportunities. | 16 | | (b) An employer that has completed a self-evaluation within | 17 | | the previous 3 years and prior to the commencement of the | 18 | | action and can demonstrate that reasonable progress has been | 19 | | made towards eliminating wage differentials based on gender for | 20 | | the same or substantially similar work on jobs the performance | 21 | | of which requires equal skill, effort, and responsibility and | 22 | | which are performed under similar working conditions, but | 23 | | cannot demonstrate that any steps were taken to address any | 24 | | identified deficiencies, is not entitled to an affirmative | 25 | | defense under this Section and shall be liable for any civil | 26 | | fine for a violation of this Act as follows: |
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| 1 | | (1) up to $500 per employee affected, if the employer | 2 | | has fewer than 4 employees; or | 3 | | (2) up to $2,500 per employee affected, if the employer | 4 | | has 4 or more employees. | 5 | | (c) Evidence of a self-evaluation or remedial steps | 6 | | undertaken in accordance with this Section is not admissible in | 7 | | any proceeding as evidence of a violation of this Act. | 8 | | (d) An employer who has not completed a self-evaluation | 9 | | shall not be subject to any negative or adverse inference as a | 10 | | result of not having completed a self-evaluation. | 11 | | (e) An employer who uses the affirmative defense under this | 12 | | Section is not precluded from using any other affirmative | 13 | | defense under this Act. ".
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