State of Illinois
92nd General Assembly

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HB0847 Engrossed                               LRB9203191WHcs

 1        AN ACT concerning labor.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Equal Pay Act of 2001.

 6        Section 5.  Definitions.  As used in this Act:
 7        "Director" means the Director of  Labor.
 8        "Department" means the Department of Labor.
 9        "Employee"  means  any individual permitted to work by an
10    employer.
11        "Employer" means an individual, partnership, corporation,
12    association, business, trust, person, or entity for whom 4 or
13    more  employees  are  gainfully  employed  in  Illinois   and
14    includes   the   State   of   Illinois,  any  State  officer,
15    department, or agency, any unit of local government, and  any
16    school district.

17        Section 10.  Prohibited acts.
18        (a)   No  employer  may discriminate between employees on
19    the basis of sex by paying wages to an  employee  at  a  rate
20    less  than  the  rate  at  which  the  employer pays wages to
21    another  employee  of  the  opposite  sex  for  the  same  or
22    substantially similar work on jobs the performance  of  which
23    requires  equal  skill, effort, and responsibility, and which
24    are performed under similar working conditions, except  where
25    the payment is made under:
26             (1) a seniority system;
27             (2) a merit system;
28             (3)  a  system that measures earnings by quantity or
29        quality of production; or
30             (4) a differential based on any other  factor  other
HB0847 Engrossed            -2-                LRB9203191WHcs
 1        than sex.
 2        An  employer who is paying wages in violation of this Act
 3    may not, to comply with this Act, reduce  the  wages  of  any
 4    other employee.
 5        (b)   It  is unlawful for any employer to interfere with,
 6    restrain, or deny the exercise of or the attempt to  exercise
 7    any  right  provided  under this Act.  It is unlawful for any
 8    employer to discharge or in  any  other  manner  discriminate
 9    against  any  individual  for  inquiring  about,  disclosing,
10    comparing,  or  otherwise  discussing the employee's wages or
11    the wages of any other employee, or aiding or encouraging any
12    person to exercise his or her rights under this Act.
13        (c)  It is unlawful for any person to discharge or in any
14    other manner discriminate against any individual because  the
15    individual:
16             (1)   has  filed  any  charge  or  has instituted or
17        caused to be instituted any proceeding under  or  related
18        to this Act;
19             (2)  has given, or is about to give, any information
20        in  connection with any inquiry or proceeding relating to
21        any right provided under this Act; or
22             (3)  has testified, or is about to testify,  in  any
23        inquiry  or  proceeding  relating  to  any right provided
24        under this Act.

25        Section 15.  Enforcement.  The Director  or  his  or  her
26    authorized  representative  shall administer and enforce this
27    Act.  The Director shall adopt rules necessary to  administer
28    and enforce this Act.
29        The Department has the power to conduct investigations in
30    connection  with  the  administration and enforcement of this
31    Act  and  the  authorized  officers  and  employees  of   the
32    Department  are  authorized  to  investigate  and gather data
33    regarding  the  wages,  hours,  and  other   conditions   and
HB0847 Engrossed            -3-                LRB9203191WHcs
 1    practices  of employment in any industry subject to this Act,
 2    and may enter and inspect such places  and  such  records  at
 3    reasonable  times during regular business hours, question the
 4    employees and investigate the facts,  conditions,  practices,
 5    or  matters as he or she may deem necessary or appropriate to
 6    determine whether any person has violated  any  provision  of
 7    this Act, or which may aid in the enforcement of this Act.

 8        Section  20.   Recordkeeping  requirements.   An employer
 9    subject to any provision of this Act shall make and  preserve
10    records  that  document  the name, address, and occupation of
11    each employee, the wages paid to each employee, and any other
12    information the Director  may  by  rule  deem  necessary  and
13    appropriate for enforcement of this Act.  An employer subject
14    to any provision of this Act shall preserve those records for
15    a period of not less than 3 years and shall make reports from
16    the records as prescribed by rule or order of the Director.

17        Section 25.  Witnesses; subpoena.  The Director or his or
18    her  authorized  representative may administer oaths, take or
19    cause to be taken the depositions of witnesses,  and  require
20    by subpoena the attendance and testimony of witnesses and the
21    production of all books, records, and other evidence relative
22    to  the  matter under investigation.  A subpoena issued under
23    this Section shall be signed and issued by  the  Director  or
24    his or her authorized representative.
25        In  case  of  failure  of  any  person to comply with any
26    subpoena lawfully issued under this Section or on the refusal
27    of any witness to produce  evidence  or  to  testify  to  any
28    matter   regarding   which   he   or   she  may  be  lawfully
29    interrogated, it is the  duty  of  any  circuit  court,  upon
30    application  of  the  Director,  or  his  or  her  authorized
31    representative,   to  compel  obedience  by  proceedings  for
32    contempt, as in the case of disobedience of the  requirements
HB0847 Engrossed            -4-                LRB9203191WHcs
 1    of  a  subpoena  issued by such court or a refusal to testify
 2    therein.  The Director may certify to official acts.

 3        Section 30.  Violations; fines and penalties.
 4        (a)  If an employee is paid by his or her  employer  less
 5    than  the wage to which he or she is entitled in violation of
 6    Section 10 of this Act, the employee may recover in  a  civil
 7    action the amount of any underpayment together with costs and
 8    reasonable  attorney's  fees  as may be allowed by the court.
 9    At the request  of  the  employee  or  on  a  motion  of  the
10    Director,  the  Department may make an assignment of the wage
11    claim in trust for the assigning employee and may  bring  any
12    legal action necessary to collect the claim, and the employer
13    shall be required to pay the costs incurred in collecting the
14    claim.   Every  such  action  shall be brought within 3 years
15    from the date of the underpayment.
16        (b) The Director is authorized to supervise  the  payment
17    of  the unpaid wages owing to any employee or employees under
18    this Act and may bring any legal action necessary to  recover
19    the  amount  of  unpaid  wages and penalties and the employer
20    shall be required to pay the costs.  Any  sums  recovered  by
21    the  Director  on  behalf  of  an employee under this Section
22    shall be paid to the employee or employees affected.
23        (c) Any employer who violates any provision of  this  Act
24    or  any  rule  adopted  under  this Act is subject to a civil
25    penalty not to exceed $5,000  for  each  violation  for  each
26    employee affected.  In determining the amount of the penalty,
27    the  appropriateness  of  the  penalty  to  the  size  of the
28    business of the employer  charged  and  the  gravity  of  the
29    violation  shall  be considered. The penalty may be recovered
30    in a civil action brought by  the  Director  in  any  circuit
31    court.

32        Section  35.  Refusal to pay wages or final compensation;
HB0847 Engrossed            -5-                LRB9203191WHcs
 1    retaliatory discharge or discrimination.
 2        (a) Any employer who has been ordered by the Director  or
 3    the court to pay wages due an employee and who fails to do so
 4    within  15 days after the order is entered is liable to pay a
 5    penalty of 1% per calendar day to the employee for  each  day
 6    of delay in paying the wages to the employee, up to an amount
 7    equal to twice the sum of unpaid wages due the employee.
 8        (b)  Any  employer,  or  any  agent  of  an employer, who
 9    knowingly  discharges  or  in  any  other  manner   knowingly
10    discriminates  against any employee because that employee has
11    made a complaint to his or her employer, or to  the  Director
12    or  his  or  her authorized representative, that he or she or
13    any employee of the employer has not been paid in  accordance
14    with  this  Act,  or  because that employee has instituted or
15    caused to be instituted any proceeding under  or  related  to
16    this  Act, or because that employee has testified or is about
17    to testify in an investigation or proceeding under this  Act,
18    or  offers any evidence of any violation of this Act, commits
19    a petty offense and is subject to a fine of $1,000  for  each
20    offense.

21        Section  40.   Notification.   Every  employer covered by
22    this Act shall post and keep posted, in conspicuous places on
23    the premises of the employer where notices to  employees  are
24    customarily  posted,  a notice, to be prepared or approved by
25    the Director, summarizing the requirements of  this  Act  and
26    information  pertaining  to  the  filing  of  a  charge.  The
27    Director  shall  furnish  copies  of  summaries  and rules to
28    employers upon request without charge.

29        Section  45.   Outreach  and  education   efforts.    The
30    Department  shall  conduct  ongoing  outreach  and  education
31    efforts  concerning this Act targeted toward employers, labor
32    organizations,  and  other  appropriate  organizations.    In
HB0847 Engrossed            -6-                LRB9203191WHcs
 1    addition,  the  Department  shall conduct studies and provide
 2    information biennially to employers, labor organizations, and
 3    the  general  public  concerning  the  means   available   to
 4    eliminate pay disparities between men and women, including:
 5             (1) conducting and promoting research to develop the
 6        means  to  correct  the  conditions  leading  to  the pay
 7        disparities;
 8             (2) publishing  and otherwise  making  available  to
 9        employers,      labor     organizations,     professional
10        associations, educational institutions, the  legislature,
11        the  media, and the general public the findings resulting
12        from studies and other materials,  relating  to  the  pay
13        disparities;
14             (3)   providing   information  to  employers,  labor
15        organizations, and other interested persons on the  means
16        of eliminating pay disparities; and
17             (4)  developing  guidelines  to  enable employers to
18        evaluate job categories based on objective criteria  such
19        as    educational   requirements,   skill   requirements,
20        independence,  working  conditions,  and  responsibility.
21        These guidelines shall be designed to enable employers to
22        voluntarily compare wages  paid  for  different  jobs  to
23        determine  if  the  pay  scales  involved  adequately and
24        fairly  reflect  the  educational   requirements,   skill
25        requirements,   independence,   working  conditions,  and
26        responsibility  for  each  such  job  with  the  goal  of
27        eliminating unfair pay  disparities  between  occupations
28        traditionally dominated by men or women.

29          Section  50.  Annual report.  The Department shall file
30    with the Governor and the General  Assembly,  no  later  than
31    January  1 of each year, a report of its activities regarding
32    administration and enforcement of this Act for the  preceding
33    fiscal year.
HB0847 Engrossed            -7-                LRB9203191WHcs
 1        Section  90.   Severability.   The provisions of this Act
 2    are severable under Section 1.31 of the Statute on Statutes.

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