| ||||
| Public Act 100-1140 | ||||
| ||||
| ||||
AN ACT concerning employment.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Equal Pay Act of 2003 is amended by changing | ||||
Section 10 as follows:
| ||||
(820 ILCS 112/10)
| ||||
Sec. 10. Prohibited acts.
| ||||
(a) No employer may discriminate between employees on the | ||||
basis of sex by
paying wages
to an employee at a rate less than | ||||
the rate at which the employer pays wages to
another employee | ||||
of
the opposite sex for the same or substantially similar work | ||||
on jobs the
performance of which
requires equal skill, effort, | ||||
and responsibility, and which are performed under
similar | ||||
working
conditions, except where the payment is made under:
| ||||
(1) a seniority system;
| ||||
(2) a merit system;
| ||||
(3) a system that measures earnings by quantity or | ||||
quality of production;
or
| ||||
(4) a differential based on any other factor other
| ||||
than: (i) sex or (ii) a factor that would constitute | ||||
unlawful discrimination
under the Illinois Human
Rights | ||||
Act.
| ||||
No employer may discriminate between employees by paying | ||||
wages to an African-American employee at a rate less than the | ||
rate at which the employer pays wages to another employee who | ||
is not African-American for the same or substantially similar | ||
work on jobs the performance of which requires equal skill, | ||
effort, and responsibility, and which are performed under | ||
similar working conditions, except where the payment is made | ||
under: | ||
(1) a seniority system; | ||
(2) a merit system; | ||
(3) a system that measures earnings by quantity or
| ||
quality of production; or | ||
(4) a differential based on any other factor other
| ||
than: (i) race or (ii) a factor that would constitute | ||
unlawful discrimination under the Illinois Human Rights | ||
Act. | ||
An employer who is paying wages in violation of this Act | ||
may not,
to comply with
this Act, reduce the wages of any other | ||
employee.
| ||
Nothing in this Act may be construed to require an employer | ||
to pay, to
any employee at a workplace in a particular county, | ||
wages that are equal
to the wages paid by that employer at a | ||
workplace in another county to
employees in jobs the | ||
performance of which requires equal skill, effort, and
| ||
responsibility, and which are performed under similar working | ||
conditions.
| ||
(b) It is unlawful for any employer to interfere with, | ||
restrain, or
deny the exercise of or
the attempt to exercise | ||
any right provided under this Act. It is
unlawful for any | ||
employer
to discharge or in any other manner discriminate | ||
against any individual for
inquiring about,
disclosing, | ||
comparing, or otherwise discussing the employee's wages or the
| ||
wages
of any other
employee, or aiding or encouraging any | ||
person to exercise his or her rights
under this
Act.
| ||
(c) It is unlawful for any person to discharge or in any | ||
other manner
discriminate against any individual because the | ||
individual:
| ||
(1) has filed any charge or has instituted or caused to | ||
be instituted any
proceeding under or related to this Act;
| ||
(2) has given, or is about to give, any information in | ||
connection with any
inquiry or proceeding relating to any | ||
right provided under this Act; or
| ||
(3) has testified, or is about to testify, in any | ||
inquiry or proceeding
relating to any right provided under | ||
this Act.
| ||
(Source: P.A. 93-6, eff. 1-1-04.)
| ||