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92_HB0847eng 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.