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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Equal Pay Act of 2003 is amended by changing | |||||||||||||||||||||
5 | Sections 10 and 30 as follows:
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6 | (820 ILCS 112/10)
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7 | Sec. 10. Prohibited acts.
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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 similar | |||||||||||||||||||||
13 | equal skill, effort, and responsibility, and which are | |||||||||||||||||||||
14 | performed under
similar working
conditions, except where the | |||||||||||||||||||||
15 | payment is made under:
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16 | (1) a seniority system;
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17 | (2) a merit system;
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18 | (3) a system that measures earnings by quantity or | |||||||||||||||||||||
19 | quality of production;
or
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20 | (4) a differential based on any other factor other
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21 | than: (i) sex or (ii) a factor that would constitute | |||||||||||||||||||||
22 | unlawful discrimination
under the Illinois Human
Rights | |||||||||||||||||||||
23 | Act , provided that the factor: |
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1 | (A) is not based on or derived from a differential | ||||||
2 | in
compensation based on sex or another protected | ||||||
3 | characteristic; | ||||||
4 | (B) is job-related with respect to the position and | ||||||
5 | consistent with a business necessity; and | ||||||
6 | (C) accounts for the entire differential. | ||||||
7 | Such defense shall not apply if the employee
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8 | demonstrates that an alternative employment practice | ||||||
9 | exists that would serve the same business purpose
without | ||||||
10 | producing such differential and that the employer has | ||||||
11 | refused to adopt such alternative practice .
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12 | An employer who is paying wages in violation of this Act | ||||||
13 | may not,
to comply with
this Act, reduce the wages of any other | ||||||
14 | employee.
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15 | Nothing in this Act may be construed to require an employer | ||||||
16 | to pay, to
any employee at a workplace in a particular county, | ||||||
17 | wages that are equal
to the wages paid by that employer at a | ||||||
18 | workplace in another county to
employees in jobs the | ||||||
19 | performance of which requires equal skill, effort, and
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20 | responsibility, and which are performed under similar working | ||||||
21 | conditions.
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22 | (b) It is unlawful for any employer to interfere with, | ||||||
23 | restrain, or
deny the exercise of or
the attempt to exercise | ||||||
24 | any right provided under this Act. It is
unlawful for any | ||||||
25 | employer
to discharge or in any other manner discriminate | ||||||
26 | against any individual for
inquiring about,
disclosing, |
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1 | comparing, or otherwise discussing the employee's wages or the
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2 | wages
of any other
employee, or aiding or encouraging any | ||||||
3 | person to exercise his or her rights
under this
Act. It is | ||||||
4 | unlawful for an employer to require an employee to sign a | ||||||
5 | contract or waiver that would prohibit the employee from | ||||||
6 | disclosing or discussing information about the employee's | ||||||
7 | wages.
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8 | (b-5) It is unlawful for an employer to screen job | ||||||
9 | applicants based on their wage or salary history, including by | ||||||
10 | requiring that an applicant's prior wages, including benefits | ||||||
11 | or other compensation, satisfy minimum or maximum criteria or | ||||||
12 | requesting or requiring as a condition of being interviewed, as | ||||||
13 | a condition of continuing to be considered for an offer of | ||||||
14 | employment, as a condition of an offer of employment or an | ||||||
15 | offer of compensation, or as a condition of employment that an | ||||||
16 | applicant disclose prior wages or salary. | ||||||
17 | (b-10) It is unlawful for an employer to seek the wage or | ||||||
18 | salary history, including benefits or other compensation, of | ||||||
19 | any job applicant from any current or former employer. | ||||||
20 | (c) It is unlawful for any person to discharge or in any | ||||||
21 | other manner
discriminate against any individual because the | ||||||
22 | individual:
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23 | (1) has filed any charge or has instituted or caused to | ||||||
24 | be instituted any
proceeding under or related to this Act;
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25 | (2) has given, or is about to give, any information in | ||||||
26 | connection with any
inquiry or proceeding relating to any |
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1 | right provided under this Act; or
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2 | (3) has testified, or is about to testify, in any | ||||||
3 | inquiry or proceeding
relating to any right provided under | ||||||
4 | this Act ; or . | ||||||
5 | (4) fails to comply with any wage history inquiry.
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6 | (Source: P.A. 93-6, eff. 1-1-04.)
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7 | (820 ILCS 112/30)
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8 | Sec. 30. Violations; fines and penalties.
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9 | (a) If an employee is paid by his or her employer less than | ||||||
10 | the wage to
which he or
she is entitled in
violation of Section | ||||||
11 | 10 of this Act, the employee may recover in a civil action
the | ||||||
12 | entire amount of any
underpayment together with interest , | ||||||
13 | compensatory damages if the employee demonstrates that the | ||||||
14 | employer acted with malice or reckless indifference, punitive | ||||||
15 | damages as may be appropriate, injunctive relief as may be | ||||||
16 | appropriate, and the costs and reasonable attorney's
fees as | ||||||
17 | may be
allowed by the
court and as necessary to make the | ||||||
18 | employee whole. At the request of the
employee or on a motion | ||||||
19 | of the Director,
the Department may
make an assignment of the | ||||||
20 | wage claim in trust for the assigning employee and
may bring | ||||||
21 | any
legal action necessary to collect the claim, and the | ||||||
22 | employer shall be required
to pay the costs
incurred in | ||||||
23 | collecting the claim. Every such action shall be brought within | ||||||
24 | 5
years from the date
of the underpayment. For purposes of this | ||||||
25 | Act, "date of the underpayment" means each time wages are |
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1 | underpaid.
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2 | (a-5) If an employer violates subsection (b), (b-5), or | ||||||
3 | (b-10) of Section 10, the employee may recover in a civil | ||||||
4 | action any damages incurred, special damages not to exceed | ||||||
5 | $10,000, injunctive relief as may be appropriate, and costs and | ||||||
6 | reasonable attorney's fees as may be allowed by the court and | ||||||
7 | as necessary to make the employee whole. If special damages are | ||||||
8 | available, an employee may recover compensatory damages only to | ||||||
9 | the extent such damages exceed the amount of special damages. | ||||||
10 | Such action shall be brought within 5 years from the date of | ||||||
11 | the violation. | ||||||
12 | (b) The Director is authorized to supervise the payment of | ||||||
13 | the unpaid wages under subsection (a) or damages under | ||||||
14 | subsection (b), (b-5), or (b-10) of Section 10
owing to any
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15 | employee or employees under this Act and may bring any legal | ||||||
16 | action necessary
to recover the
amount of unpaid wages , | ||||||
17 | damages, and penalties or to seek injunctive relief, and the | ||||||
18 | employer shall be required to pay
the costs. Any
sums recovered | ||||||
19 | by the Director on behalf of an employee under this
Section | ||||||
20 | shall be
paid to the employee or employees affected.
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21 | (c) Employers who violate any provision of this Act or any | ||||||
22 | rule
adopted under the Act are subject to a civil penalty for | ||||||
23 | each employee affected as follows: | ||||||
24 | (1) An employer with fewer than 4 employees: first | ||||||
25 | offense, a fine not to exceed $500; second offense, a fine | ||||||
26 | not to exceed $2,500; third or subsequent offense, a fine |
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1 | not to exceed $5,000. | ||||||
2 | (2) An employer with 4 or more employees: first | ||||||
3 | offense, a fine not to exceed $2,500; second offense, a | ||||||
4 | fine not to exceed $3,000; third or subsequent offense, a | ||||||
5 | fine not to exceed $5,000. | ||||||
6 | An employer or person who violates subsection (b) , (b-5), | ||||||
7 | (b-10), or (c) of Section 10 is subject to a civil penalty not | ||||||
8 | to exceed $5,000 for each violation for each employee affected. | ||||||
9 | (d) In determining the amount of the penalty, the
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10 | appropriateness of the
penalty to the size of the business of | ||||||
11 | the employer charged and the gravity of
the violation shall
be | ||||||
12 | considered. The penalty may be recovered in a civil action | ||||||
13 | brought by the
Director in
any circuit court.
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14 | (Source: P.A. 99-418, eff. 1-1-16 .)
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