Full Text of SB1466 101st General Assembly
SB1466sam001 101ST GENERAL ASSEMBLY | Sen. Cristina Castro Filed: 3/13/2019
| | 10100SB1466sam001 | | LRB101 08420 JLS 57518 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1466
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1466 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 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;
|
| | | 10100SB1466sam001 | - 2 - | LRB101 08420 JLS 57518 a |
|
| 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 | | No employer may discriminate between employees on the basis | 8 | | of race, color, religion, sex, national origin, ancestry, age, | 9 | | marital status, physical or mental disability, military | 10 | | status, sexual orientation, or pregnancy by paying wages to an | 11 | | African-American employee at a rate less than the rate at which | 12 | | the employer pays wages to another employee who is not a member | 13 | | of a protected class that is based upon race, color, religion, | 14 | | sex, national origin, ancestry, age, marital status, physical | 15 | | or mental disability, military status, sexual orientation, or | 16 | | pregnancy African-American for the same or substantially | 17 | | similar work on jobs the performance of which requires equal | 18 | | skill, effort, and responsibility, and which are performed | 19 | | under similar working conditions, except where the payment is | 20 | | made under: | 21 | | (1) a seniority system; | 22 | | (2) a merit system; | 23 | | (3) a system that measures earnings by quantity or
| 24 | | quality of production; or | 25 | | (4) a differential based on any other factor other
| 26 | | than: (i) race , color, religion, sex, national origin, |
| | | 10100SB1466sam001 | - 3 - | LRB101 08420 JLS 57518 a |
|
| 1 | | ancestry, age, marital status, physical or mental | 2 | | disability, military status, sexual orientation, or | 3 | | pregnancy or (ii) a factor that would constitute unlawful | 4 | | discrimination under the Illinois Human Rights Act. | 5 | | An employer who is paying wages in violation of this Act | 6 | | may not,
to comply with
this Act, reduce the wages of any other | 7 | | employee.
| 8 | | Nothing in this Act may be construed to require an employer | 9 | | to pay, to
any employee at a workplace in a particular county, | 10 | | wages that are equal
to the wages paid by that employer at a | 11 | | workplace in another county to
employees in jobs the | 12 | | performance of which requires equal skill, effort, and
| 13 | | responsibility, and which are performed under similar working | 14 | | conditions.
| 15 | | (b) It is unlawful for any employer to interfere with, | 16 | | restrain, or
deny the exercise of or
the attempt to exercise | 17 | | any right provided under this Act. It is
unlawful for any | 18 | | employer
to discharge or in any other manner discriminate | 19 | | against any individual for
inquiring about,
disclosing, | 20 | | comparing, or otherwise discussing the employee's wages or the
| 21 | | wages
of any other
employee, or aiding or encouraging any | 22 | | person to exercise his or her rights
under this
Act.
| 23 | | (c) It is unlawful for any person to discharge or in any | 24 | | other manner
discriminate against any individual because the | 25 | | individual:
| 26 | | (1) has filed any charge or has instituted or caused to |
| | | 10100SB1466sam001 | - 4 - | LRB101 08420 JLS 57518 a |
|
| 1 | | be instituted any
proceeding under or related to this Act;
| 2 | | (2) has given, or is about to give, any information in | 3 | | connection with any
inquiry or proceeding relating to any | 4 | | right provided under this Act; or
| 5 | | (3) has testified, or is about to testify, in any | 6 | | inquiry or proceeding
relating to any right provided under | 7 | | this Act.
| 8 | | (Source: P.A. 100-1140, eff. 1-1-19.)".
|
|