Full Text of HB1207 102nd General Assembly
HB1207ham001 102ND GENERAL ASSEMBLY | Rep. Anna Moeller Filed: 4/20/2021
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| 1 | | AMENDMENT TO HOUSE BILL 1207
| 2 | | AMENDMENT NO. ______. Amend House Bill 1207 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 substantially | 13 | | similar skill, effort, and responsibility, and which are | 14 | | performed under
similar working
conditions, except where the | 15 | | payment is made under:
| 16 | | (1) a seniority system;
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| 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, provided that the factor:
| 8 | | (A) is not based on or derived from a differential | 9 | | in
compensation based on sex or another protected | 10 | | characteristic; | 11 | | (B) is job-related with respect to the position | 12 | | and consistent with a business necessity; and | 13 | | (C) accounts for the differential. | 14 | | No employer may discriminate between employees by paying | 15 | | wages to an African-American employee at a rate less than the | 16 | | rate at which the employer pays wages to another employee who | 17 | | is not African-American for the same or substantially similar | 18 | | work on jobs the performance of which requires substantially | 19 | | similar skill, effort, and responsibility, and which are | 20 | | performed under similar working conditions, except where the | 21 | | payment is made under: | 22 | | (1) a seniority system; | 23 | | (2) a merit system; | 24 | | (3) a system that measures earnings by quantity or
| 25 | | quality of production; or | 26 | | (4) a differential based on any other factor other
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| 1 | | than: (i) race or (ii) a factor that would constitute | 2 | | unlawful discrimination under the Illinois Human Rights | 3 | | Act, provided that the factor: | 4 | | (A) is not based on or derived from a differential | 5 | | in
compensation based on race or another protected | 6 | | characteristic; | 7 | | (B) is job-related with respect to the position | 8 | | and consistent with a business necessity; and | 9 | | (C) accounts for the differential. | 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 | 14 | | employer to pay, to
any employee at a workplace in a particular | 15 | | county, wages that are equal
to the wages paid by that employer | 16 | | at a 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. It is | 2 | | unlawful for an employer to require an employee to sign a | 3 | | contract or waiver that would prohibit the employee from | 4 | | disclosing or discussing information about the employee's | 5 | | wages, salary, benefits, or other compensation. An employer | 6 | | may, however, prohibit a human resources employee, a | 7 | | supervisor, or any other employee whose job responsibilities | 8 | | require or allow access to other employees' wage or salary | 9 | | information from disclosing that information without prior | 10 | | written consent from the employee whose information is sought | 11 | | or requested.
| 12 | | (b-5) It is unlawful for an employer or employment agency, | 13 | | or employee or agent thereof, to (1) screen job
applicants | 14 | | based on their current or prior wages or salary histories, | 15 | | including benefits or other compensation, by
requiring that | 16 | | the wage or salary history of an applicant satisfy minimum or | 17 | | maximum criteria, (2) request or require a wage or salary | 18 | | history as a condition of being considered for employment, as | 19 | | a condition of being interviewed, as a condition of continuing | 20 | | to be considered for an offer of employment, as a condition of | 21 | | an offer of employment or an offer of compensation, or (3) | 22 | | request or require that an applicant disclose wage or salary | 23 | | history as a condition of employment. | 24 | | (b-10) It is unlawful for an employer to seek the wage or | 25 | | salary history, including benefits or other compensation, of a | 26 | | job applicant from any current or former employer. This |
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| 1 | | subsection (b-10) does not apply if: | 2 | | (1) the job applicant's wage or salary history is a | 3 | | matter of public record under the Freedom of Information | 4 | | Act, or any other equivalent State or federal law, or is | 5 | | contained in a document completed by the job applicant's | 6 | | current or former employer and then made available to the | 7 | | public by the employer, or submitted or posted by the | 8 | | employer to comply with State or federal law; or | 9 | | (2) the job applicant is a current employee and is | 10 | | applying for a position with the same current employer. | 11 | | (b-15) Nothing in subsections (b-5) and (b-10) shall be | 12 | | construed to prevent an employer or employment agency, or an | 13 | | employee or agent thereof, from: | 14 | | (1) providing information about the wages, benefits, | 15 | | compensation, or salary offered in relation to a position; | 16 | | or | 17 | | (2) engaging in discussions with an applicant for | 18 | | employment about the applicant's expectations with respect | 19 | | to wage or salary, benefits, and other compensation , | 20 | | including unvested equity or deferred
compensation that | 21 | | the applicant would forfeit or have
canceled by virtue of | 22 | | the applicant's resignation from the applicant's current | 23 | | employer. If, during such discussion, the applicant | 24 | | voluntarily and without prompting discloses that the | 25 | | applicant would forfeit or have canceled by virtue of the | 26 | | applicant's resignation from the applicant's current |
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| 1 | | employer unvested equity or deferred compensation, an | 2 | | employer is not in violation of subsection (b-5) or (b-10) | 3 | | for requesting the applicant to verify the aggregate | 4 | | amount of such compensation by submitting a letter or | 5 | | document stating the aggregate amount of the unvested | 6 | | equity or deferred compensation from, at the applicant's | 7 | | choice, one of the following: (1) the applicant's current | 8 | | employer or (2) the business entity that administers the | 9 | | funds that constitute the unvested equity or deferred | 10 | | compensation . | 11 | | (b-20) An employer is not in violation of subsections | 12 | | (b-5) and (b-10) when a job applicant voluntarily and without | 13 | | prompting discloses his or her current or prior wage or salary | 14 | | history, including benefits or other compensation, on the | 15 | | condition that the employer does not consider or rely on the | 16 | | voluntary disclosures as a factor in determining whether to | 17 | | offer a job applicant employment, in making an offer of | 18 | | compensation, or in determining future wages, salary, | 19 | | benefits, or other compensation. | 20 | | (c) It is unlawful for any person to discharge or in any | 21 | | other manner
discriminate against any individual because the | 22 | | individual:
| 23 | | (1) has filed any charge or has instituted or caused | 24 | | to be instituted any
proceeding under or related to this | 25 | | Act;
| 26 | | (2) has given, or is about to give, any information in |
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| 1 | | connection with any
inquiry or proceeding relating to any | 2 | | right provided under this Act;
| 3 | | (3) has testified, or is about to testify, in any | 4 | | inquiry or proceeding
relating to any right provided under | 5 | | this Act; or
| 6 | | (4) fails to comply with any wage or salary history | 7 | | inquiry. | 8 | | (Source: P.A. 100-1140, eff. 1-1-19; 101-177, eff. 9-29-19.)".
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