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Public Act 093-0006


 

Public Act 93-0006 of the 93rd General Assembly


Public Act 93-0006

SB2 Enrolled                         LRB093 03272 WGH 03289 b

    AN ACT in relation to equal pay.

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

    Section  1.   Short  Title.  This Act may be cited as the
Equal Pay Act of 2003.

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

    Section 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.
    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.
    Section  15.   Enforcement.   The  Director or his or her
authorized representative shall administer  and  enforce  the
provisions  of  this  Act.  The Director of Labor shall adopt
rules necessary to administer and enforce this Act.
    The Department has the power to conduct investigations in
connection with the administration and  enforcement  of  this
Act   and  the  authorized  officers  and  employees  of  the
Department are authorized  to  investigate  and  gather  data
regarding   the   wages,  hours,  and  other  conditions  and
practices of employment in any industry subject to this  Act,
and  may  enter  and  inspect such places and such records at
reasonable times during regular business hours, question  the
employees  and  investigate the facts, conditions, practices,
or matters as he or she may deem necessary or appropriate  to
determine  whether  any  person has violated any provision of
this Act, or which may aid in the enforcement of this Act.

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

    Section 25.  Witnesses; subpoena.  The Director of  Labor
or his or her authorized representative may administer oaths,
take  or  cause to be taken the depositions of witnesses, and
require by subpoena the attendance and testimony of witnesses
and the production of all books, records, and other  evidence
relative  to  the  matter  under  investigation.   A subpoena
issued under this Section shall be signed and issued  by  the
Director of Labor or his or her authorized representative.
    In  case  of  failure  of  any  person to comply with any
subpoena lawfully issued under this Section or on the refusal
of any witness to produce  evidence  or  to  testify  to  any
matter   regarding   which   he   or   she  may  be  lawfully
interrogated, it is the  duty  of  any  circuit  court,  upon
application  of  the  Director,  or  his  or  her  authorized
representative,   to  compel  obedience  by  proceedings  for
contempt, as in the case of disobedience of the  requirements
of  a  subpoena  issued by such court or a refusal to testify
therein.  The Director may certify to official acts.

    Section 30.  Violations; fines and penalties.
    (a)  If an employee is paid by his or her  employer  less
than  the wage to which he or she is entitled in violation of
Section 10 of this Act, the employee may recover in  a  civil
action  the  entire  amount of any underpayment together with
interest and the costs and reasonable attorney's fees as  may
be allowed by the court and as necessary to make the employee
whole.   At the request of the employee or on a motion of the
Director, the Department may make an assignment of  the  wage
claim  in  trust for the assigning employee and may bring any
legal action necessary to collect the claim, and the employer
shall be required to pay the costs incurred in collecting the
claim.  Every such action shall be  brought  within  3  years
from the date the employee learned of the underpayment.
    (b)  The  Director is authorized to supervise the payment
of the unpaid wages owing to any employee or employees  under
this  Act and may bring any legal action necessary to recover
the amount of unpaid wages and  penalties  and  the  employer
shall  be  required  to pay the costs.  Any sums recovered by
the Director on behalf of  an  employee  under  this  Section
shall be paid to the employee or employees affected.
    (c)  Any  employer who violates any provision of this Act
or any rule adopted under the  Act  is  subject  to  a  civil
penalty  not  to  exceed  $2,500  for each violation for each
employee affected.  In determining the amount of the penalty,
the appropriateness  of  the  penalty  to  the  size  of  the
business  of  the  employer  charged  and  the gravity of the
violation shall be considered. The penalty may  be  recovered
in  a  civil  action  brought  by the Director in any circuit
court.

    Section 35.  Refusal to pay wages or final  compensation;
retaliatory discharge or discrimination.
    (a)  Any employer who has been ordered by the Director of
Labor or the court to pay wages due an employee and who fails
to do so within 15 days after the order is entered is  liable
to  pay  a penalty of 1% per calendar day to the employee for
each day of delay in paying the wages to the employee, up  to
an  amount  equal  to  twice  the sum of unpaid wages due the
employee.
    (b) Any employer,  or  any  agent  of  an  employer,  who
knowingly   discharges  or  in  any  other  manner  knowingly
discriminates against any employee because that employee  has
made  a  complaint to his or her employer, or to the Director
or his or her authorized representative, that he  or  she  or
any  employee of the employer has not been paid in accordance
with the provisions of this Act, or because that employee has
instituted or caused to be instituted any proceeding under or
related to this Act or consulted counsel for  such  purposes,
or because that employee has testified or is about to testify
in  an  investigation or proceeding under this Act, or offers
any evidence of any violation of this Act, shall be liable to
the employee for such legal and equitable relief  as  may  be
appropriate  to  effectuate the purposes of this Section, the
value of  any  lost  benefits,  backpay,  and  front  pay  as
appropriate  so  long  as  the  employee  has made reasonable
efforts to mitigate his or  her  damages  and  an  additional
equal amount as liquidated damages.

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

    Section  45.   Outreach  and  education   efforts.    The
Department  of  Labor  shall  conduct  ongoing  outreach  and
education   efforts   concerning  this  Act  targeted  toward
employers,  labor  organizations,   and   other   appropriate
organizations.   In  addition,  the Department of Labor shall
conduct  studies  and  provide  information   biennially   to
employers,   labor  organizations,  and  the  general  public
concerning the means available to eliminate  pay  disparities
between men and women, including:
         (1) conducting and promoting research to develop the
    means  to  correct  the  conditions  leading  to  the pay
    disparities;
         (2) publishing  and otherwise  making  available  to
    employers,      labor     organizations,     professional
    associations, educational institutions, the  legislature,
    the  media, and the general public the findings resulting
    from studies and other materials,  relating  to  the  pay
    disparities;
         (3)   providing   information  to  employers,  labor
    organizations, and other interested persons on the  means
    of eliminating pay disparities; and
         (4)  developing  guidelines  to  enable employers to
    evaluate job categories based on objective criteria  such
    as    educational   requirements,   skill   requirements,
    independence,  working  conditions,  and  responsibility.
    These guidelines shall be designed to enable employers to
    voluntarily compare wages  paid  for  different  jobs  to
    determine  if  the  pay  scales  involved  adequately and
    fairly  reflect  the  educational   requirements,   skill
    requirements,   independence,   working  conditions,  and
    responsibility  for  each  such  job  with  the  goal  of
    eliminating unfair pay  disparities  between  occupations
    traditionally dominated by men or women.

      Section  50.  Annual Report.  The Department shall file
with the Governor and the General  Assembly,  no  later  than
January  1 of each year, a report of its activities regarding
administration and enforcement of this Act for the  preceding
fiscal year.

    Section  90.   Severability.   The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.

Effective Date: 1/1/2004