100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4743

 

Introduced , by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 112/10

    Amends the Equal Pay Act of 2003. Provides that no employer may discriminate between employees by paying wages to an African-American employee at a rate less than the rate at which the employer pays wages to another employee who is not African-American for the same or substantially similar work on a job that requires equal skill, effort, and responsibility and is performed under similar working conditions. Sets forth exceptions,


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A BILL FOR

 

HB4743LRB100 18833 JLS 34075 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Equal Pay Act of 2003 is amended by changing
5Section 10 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 equal skill, effort,
13and responsibility, and which are performed under similar
14working conditions, except where the payment is made under:
15        (1) a seniority system;
16        (2) a merit system;
17        (3) a system that measures earnings by quantity or
18    quality of production; or
19        (4) a differential based on any other factor other
20    than: (i) sex or (ii) a factor that would constitute
21    unlawful discrimination under the Illinois Human Rights
22    Act.
23    No employer may discriminate between employees by paying

 

 

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1wages to an African-American employee at a rate less than the
2rate at which the employer pays wages to another employee who
3is not African-American for the same or substantially similar
4work on jobs the performance of which requires equal skill,
5effort, and responsibility, and which are performed under
6similar working conditions, except where the payment is made
7under:
8        (1) a seniority system;
9        (2) a merit system;
10        (3) a system that measures earnings by quantity or
11    quality of production; or
12        (4) a differential based on any other factor other
13    than: (i) race or (ii) a factor that would constitute
14    unlawful discrimination under the Illinois Human Rights
15    Act.
16    An employer who is paying wages in violation of this Act
17may not, to comply with this Act, reduce the wages of any other
18employee.
19    Nothing in this Act may be construed to require an employer
20to pay, to any employee at a workplace in a particular county,
21wages that are equal to the wages paid by that employer at a
22workplace in another county to employees in jobs the
23performance of which requires equal skill, effort, and
24responsibility, and which are performed under similar working
25conditions.
26    (b) It is unlawful for any employer to interfere with,

 

 

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1restrain, or deny the exercise of or the attempt to exercise
2any right provided under this Act. It is unlawful for any
3employer to discharge or in any other manner discriminate
4against any individual for inquiring about, disclosing,
5comparing, or otherwise discussing the employee's wages or the
6wages of any other employee, or aiding or encouraging any
7person to exercise his or her rights under this Act.
8    (c) It is unlawful for any person to discharge or in any
9other manner discriminate against any individual because the
10individual:
11        (1) has filed any charge or has instituted or caused to
12    be instituted any proceeding under or related to this Act;
13        (2) has given, or is about to give, any information in
14    connection with any inquiry or proceeding relating to any
15    right provided under this Act; or
16        (3) has testified, or is about to testify, in any
17    inquiry or proceeding relating to any right provided under
18    this Act.
19(Source: P.A. 93-6, eff. 1-1-04.)