Section 320.240  Cure Period for Pay Transparency

a)         Solely with respect to allegations that an employer violated its pay transparency and promotional opportunity obligations in Section 10(b-25) of the Act, when the Department determines that a violation has occurred, it shall issue to the employer a notice, using a method set forth in Section 320.160, setting forth:  the violation, the applicable penalty as described in Section 30(c-10) and (c-15) of the Act, and, for active job postings, the period to cure the violation as described in Section 30(c-10) of the Act. A job posting found to be in violation of Section 10(b-25) of the Act shall be considered as one violating job posting regardless of the number of duplicative postings that list the job opening. [820 ILCS 112/30(c-7)]

b)         For purposes of Section 30(c-15) of the Act, the Department, during its investigation of a complaint, shall make a determination as to whether a job posting is active by considering the totality of the circumstances, including, but not limited to:

1)         whether a position has been filled;

2)         the length of time a posting has been accessible to the public;

3)         the existence of a date range for which a given position is active; and

4)         whether the violating posting is for a position for which the employer is no longer accepting applications.  [820 ILCS 112/30(c-15)]

c)         For job postings that are still active, the following cure periods shall apply:

1)         For an employer's first offense, 14 calendar days. A first offense may be either a single job posting that violates Section 10(b-25) or multiple job postings that violate Section 10 and are identified at the same time by the Department.

2)         For an employer's second offense, 7 calendar days. A second offense is a single job posting that violates Section 10(b-25).  [820 ILCS 112/30(c-10)]

d)         There is no cure period for an employer's third or subsequent offense, or for non-active job postings. [820 ILCS 112/30(c-10)]

e)         If an employer fails to cure the violation in the time allotted by this Section, or is found to have committed a third or subsequent violation, the Department shall proceed as provided for in the Act and this Part.

(Source:  Amended at 50 Ill. Reg. 8918, effective June 18, 2026)