Full Text of SB1466 101st General Assembly
SB1466sam002 101ST GENERAL ASSEMBLY | Sen. Cristina Castro Filed: 3/15/2019
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| 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 race, color, religion, sex , national origin, ancestry, | 10 | | age,
marital status, physical or mental disability, military
| 11 | | status, unfavorable discharge from military service, order of | 12 | | protection status, sexual orientation, or pregnancy by
paying | 13 | | wages
to an employee at a rate less than the rate at which the | 14 | | employer pays wages to
another employee who is not a member of | 15 | | a protected class that is based upon race, color, religion,
| 16 | | sex, national origin, ancestry, age, marital status, physical |
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| 1 | | or mental disability, military status, unfavorable discharge | 2 | | from military service, order of protection status, sexual | 3 | | orientation, or pregnancy of
the opposite sex for the same or | 4 | | substantially similar work on jobs , the
performance of which
| 5 | | requires equal skill, effort, and responsibility, and which are | 6 | | performed under
similar working
conditions, except where the | 7 | | payment is made under:
| 8 | | (1) a seniority system;
| 9 | | (2) a merit system;
| 10 | | (3) a system that measures earnings by quantity or | 11 | | quality of production;
or
| 12 | | (4) a differential based on any other factor other
| 13 | | than: (i) race, color, religion, sex , national origin, | 14 | | ancestry, age,
marital status, physical or mental | 15 | | disability, military
status, unfavorable discharge from | 16 | | military service, order of protection status, sexual | 17 | | orientation, or pregnancy or (ii) a factor that would | 18 | | constitute unlawful discrimination
under the Illinois | 19 | | Human
Rights Act.
| 20 | | No employer may discriminate between employees by paying | 21 | | wages to an African-American employee at a rate less than the | 22 | | rate at which the employer pays wages to another employee who | 23 | | is not African-American for the same or substantially similar | 24 | | work on jobs the performance of which requires equal skill, | 25 | | effort, and responsibility, and which are performed under | 26 | | similar working conditions, except where the payment is made |
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| 1 | | under: | 2 | | (1) a seniority system; | 3 | | (2) a merit system; | 4 | | (3) a system that measures earnings by quantity or
| 5 | | quality of production; or | 6 | | (4) a differential based on any other factor other
| 7 | | than: (i) race or (ii) a factor that would constitute | 8 | | unlawful discrimination under the Illinois Human Rights | 9 | | Act. | 10 | | An employer who is paying wages in violation of this Act | 11 | | may not,
to comply with
this Act, reduce the wages of any other | 12 | | employee.
| 13 | | Nothing in this Act may be construed to require an employer | 14 | | to pay, to
any employee at a workplace in a particular county, | 15 | | wages that are equal
to the wages paid by that employer at a | 16 | | workplace in another county to
employees in jobs the | 17 | | performance of which requires equal skill, effort, and
| 18 | | responsibility, and which are performed under similar working | 19 | | conditions.
| 20 | | (b) It is unlawful for any employer to interfere with, | 21 | | restrain, or
deny the exercise of or
the attempt to exercise | 22 | | any right provided under this Act. It is
unlawful for any | 23 | | employer
to discharge or in any other manner discriminate | 24 | | against any individual for
inquiring about,
disclosing, | 25 | | comparing, or otherwise discussing the employee's wages or the
| 26 | | wages
of any other
employee, or aiding or encouraging any |
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| 1 | | person to exercise his or her rights
under this
Act.
| 2 | | (c) It is unlawful for any person to discharge or in any | 3 | | other manner
discriminate against any individual because the | 4 | | individual:
| 5 | | (1) has filed any charge or has instituted or caused to | 6 | | be instituted any
proceeding under or related to this Act;
| 7 | | (2) has given, or is about to give, any information in | 8 | | connection with any
inquiry or proceeding relating to any | 9 | | right provided under this Act; or
| 10 | | (3) has testified, or is about to testify, in any | 11 | | inquiry or proceeding
relating to any right provided under | 12 | | this Act.
| 13 | | (Source: P.A. 100-1140, eff. 1-1-19.)".
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