Sen. Cristina Castro

Filed: 5/1/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 834

2    AMENDMENT NO. ______. Amend House Bill 834 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Equal Pay Act of 2003 is amended by
5changing Sections 10 and 30 as follows:
 
6    (820 ILCS 112/10)
7    Sec. 10. Prohibited acts.
8    (a) No employer may discriminate between employees on the
9basis of sex by paying wages to an employee at a rate less than
10the rate at which the employer pays wages to another employee
11of the opposite sex for the same or substantially similar work
12on jobs the performance of which requires substantially similar
13equal skill, effort, and responsibility, and which are
14performed under similar working conditions, except where the
15payment 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 and
12        consistent with a business necessity; and
13            (C) accounts for the entire differential.
14    No employer may discriminate between employees by paying
15wages to an African-American employee at a rate less than the
16rate at which the employer pays wages to another employee who
17is not African-American for the same or substantially similar
18work on jobs the performance of which requires substantially
19similar equal skill, effort, and responsibility, and which are
20performed under similar working conditions, except where the
21payment 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 and
8        consistent with a business necessity; and
9            (C) accounts for the entire differential.
10    An employer who is paying wages in violation of this Act
11may not, to comply with this Act, reduce the wages of any other
12employee.
13    Nothing in this Act may be construed to require an employer
14to pay, to any employee at a workplace in a particular county,
15wages that are equal to the wages paid by that employer at a
16workplace in another county to employees in jobs the
17performance of which requires equal skill, effort, and
18responsibility, and which are performed under similar working
19conditions.
20    (b) It is unlawful for any employer to interfere with,
21restrain, or deny the exercise of or the attempt to exercise
22any right provided under this Act. It is unlawful for any
23employer to discharge or in any other manner discriminate
24against any individual for inquiring about, disclosing,
25comparing, or otherwise discussing the employee's wages or the
26wages of any other employee, or aiding or encouraging any

 

 

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1person to exercise his or her rights under this Act. It is
2unlawful for an employer to require an employee to sign a
3contract or waiver that would prohibit the employee from
4disclosing or discussing information about the employee's
5wages, salary, benefits, or other compensation. An employer
6may, however, prohibit a human resources employee, a
7supervisor, or any other employee whose job responsibilities
8require or allow access to other employees' wage or salary
9information from disclosing that information without prior
10written consent from the employee whose information is sought
11or requested.
12    (b-5) It is unlawful for an employer or employment agency,
13or employee or agent thereof, to (1) screen job applicants
14based on their current or prior wages or salary histories,
15including benefits or other compensation, by requiring that the
16wage or salary history of an applicant satisfy minimum or
17maximum criteria, (2) request or require a wage or salary
18history as a condition of being considered for employment, as a
19condition of being interviewed, as a condition of continuing to
20be considered for an offer of employment, as a condition of an
21offer of employment or an offer of compensation, or (3) request
22or require that an applicant disclose wage or salary history as
23a condition of employment.
24    (b-10) It is unlawful for an employer to seek the wage or
25salary history, including benefits or other compensation, of a
26job applicant from any current or former employer. This

 

 

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1subsection (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
12construed to prevent an employer or employment agency, or an
13employee 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    (b-20) An employer is not in violation of subsections (b-5)
21and (b-10) when a job applicant voluntarily and without
22prompting discloses his or her current or prior wage or salary
23history, including benefits or other compensation, on the
24condition that the employer does not consider or rely on the
25voluntary disclosures as a factor in determining whether to
26offer a job applicant employment, in making an offer of

 

 

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1compensation, or in determining future wages, salary,
2benefits, or other compensation.
3    (c) It is unlawful for any person to discharge or in any
4other manner discriminate against any individual because the
5individual:
6        (1) has filed any charge or has instituted or caused to
7    be instituted any proceeding under or related to this Act;
8        (2) has given, or is about to give, any information in
9    connection with any inquiry or proceeding relating to any
10    right provided under this Act; or
11        (3) has testified, or is about to testify, in any
12    inquiry or proceeding relating to any right provided under
13    this Act; or .
14        (4) fails to comply with any wage or salary history
15    inquiry.
16(Source: P.A. 100-1140, eff. 1-1-19.)
 
17    (820 ILCS 112/30)
18    Sec. 30. Violations; fines and penalties.
19    (a) If an employee is paid by his or her employer less than
20the wage to which he or she is entitled in violation of Section
2110 of this Act, the employee may recover in a civil action the
22entire amount of any underpayment together with interest,
23compensatory damages if the employee demonstrates that the
24employer acted with malice or reckless indifference, punitive
25damages as may be appropriate, injunctive relief as may be

 

 

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1appropriate, and the costs and reasonable attorney's fees as
2may be allowed by the court and as necessary to make the
3employee whole. At the request of the employee or on a motion
4of the Director, the Department may make an assignment of the
5wage claim in trust for the assigning employee and may bring
6any legal action necessary to collect the claim, and the
7employer shall be required to pay the costs incurred in
8collecting the claim. Every such action shall be brought within
95 years from the date of the underpayment. For purposes of this
10Act, "date of the underpayment" means each time wages are
11underpaid.
12    (a-5) If an employer violates subsection (b), (b-5),
13(b-10), or (b-20) of Section 10, the employee may recover in a
14civil action any damages incurred, special damages not to
15exceed $10,000, injunctive relief as may be appropriate, and
16costs and reasonable attorney's fees as may be allowed by the
17court and as necessary to make the employee whole. If special
18damages are available, an employee may recover compensatory
19damages only to the extent such damages exceed the amount of
20special damages. Such action shall be brought within 5 years
21from the date of the violation.
22    (b) The Director is authorized to supervise the payment of
23the unpaid wages under subsection (a) or damages under
24subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing to
25any employee or employees under this Act and may bring any
26legal action necessary to recover the amount of unpaid wages,

 

 

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1damages, and penalties or to seek injunctive relief, and the
2employer shall be required to pay the costs. Any sums recovered
3by the Director on behalf of an employee under this Section
4shall be paid to the employee or employees affected.
5    (c) Employers who violate any provision of this Act or any
6rule adopted under the Act are subject to a civil penalty for
7each employee affected as follows:
8        (1) An employer with fewer than 4 employees: first
9    offense, a fine not to exceed $500; second offense, a fine
10    not to exceed $2,500; third or subsequent offense, a fine
11    not to exceed $5,000.
12        (2) An employer with 4 or more employees: first
13    offense, a fine not to exceed $2,500; second offense, a
14    fine not to exceed $3,000; third or subsequent offense, a
15    fine not to exceed $5,000.
16    An employer or person who violates subsection (b), (b-5),
17(b-10), (b-20), or (c) of Section 10 is subject to a civil
18penalty not to exceed $5,000 for each violation for each
19employee affected.
20    (d) In determining the amount of the penalty, the
21appropriateness of the penalty to the size of the business of
22the employer charged and the gravity of the violation shall be
23considered. The penalty may be recovered in a civil action
24brought by the Director in any circuit court.
25(Source: P.A. 99-418, eff. 1-1-16.)
 

 

 

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1    Section 99. Effective date. This Act takes effect 60 days
2after becoming law.".