Bill Status of HB4163  100th General Assembly


Short Description:  EQUAL PAY ACT-WAGE HISTORY

House Sponsors
Rep. Anna Moeller - Katie Stuart - Barbara Flynn Currie - Kelly M. Cassidy - La Shawn K. Ford, Stephanie A. Kifowit, Martin J. Moylan, Silvana Tabares, Kelly M. Burke, Lawrence Walsh, Jr., Thaddeus Jones, Sue Scherer, Michelle Mussman, Sara Feigenholtz, Jonathan Carroll, John Connor, Ann M. Williams, Deb Conroy, Sam Yingling, Steven A. Andersson, Elizabeth Hernandez, Luis Arroyo, Fred Crespo, Melissa Conyears-Ervin, Linda Chapa LaVia, Christian L. Mitchell, Juliana Stratton, Robyn Gabel, Sonya M. Harper, Emanuel Chris Welch, Will Guzzardi, LaToya Greenwood, Kathleen Willis, Litesa E. Wallace, Lou Lang, Theresa Mah, Natalie A. Manley, Michael Halpin, Natalie Phelps Finnie, Robert Martwick, Laura Fine, Al Riley, Carol Sente, Jaime M. Andrade, Jr., Rita Mayfield, Jay Hoffman, Camille Y. Lilly, Marcus C. Evans, Jr., Michael J. Madigan, Carol Ammons, Jerry Costello, II, Gregory Harris, Michael J. Zalewski, Frances Ann Hurley, Jehan Gordon-Booth and Arthur Turner

Senate Sponsors
(Sen. Cristina Castro - Linda Holmes - Thomas Cullerton - Melinda Bush - Toi W. Hutchinson, Kimberly A. Lightford, Antonio Muņoz, Heather A. Steans, Laura M. Murphy, Emil Jones, III, Jacqueline Y. Collins, Mattie Hunter, Iris Y. Martinez, Patricia Van Pelt and Omar Aquino)

Last Action
DateChamber Action
  11/28/2018HouseBill Dead - No Positive Action Taken - Amendatory Veto

Statutes Amended In Order of Appearance
820 ILCS 112/10
820 ILCS 112/30


Synopsis As Introduced
Amends the Equal Pay Act of 2003. Prohibits an employer from: (i) screening job applicants based on their wage or salary history, (ii) requiring that an applicant's prior wages satisfy minimum or maximum criteria, and (iii) requesting or requiring as a condition of being interviewed or as a condition of continuing to be considered for an offer of employment that an applicant disclose prior wages or salary. Prohibits an employer from seeking the salary, including benefits or other compensation or salary history, of a job applicant from any current or former employer, with some exceptions. Limits defenses. Provides for penalties and injunctive relief.

House Floor Amendment No. 1
Deletes language providing that an employer's wage differential defense does not apply if an employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing the differential and the employer has refused to adopt the alternative practice.

Governor Amendatory Veto Message
Recommends making it unlawful for an employee to disclose or discuss an employee's wage, salary, or other compensation (rather than information about the employee's wages). Recommends permitting an employer to prohibit a human resources employee, a supervisor, or any other employee whose job responsibilities require or allow access to other employees' wage or salary or other compensation information from disclosing such information without prior written consent from the employee whose information is sought or requested. Recommends making it unlawful for an employer to seek the wage, salary, or other compensation history of a prospective employee from the prospective employee or a current or former employer or to require that a prospective employee's wage, salary, or other compensation history meet certain criteria, with certain exceptions (rather than making it unlawful for an employer to screen job applicants based on their wage or salary history as a condition of continuing to be considered for an offer of employment, as a condition of an offer of employment or an offer of compensation, or as a condition of employment that an applicant disclose prior wages or salary). Recommends providing that an employer against whom an action is brought alleging gender-based wage discrimination shall have an affirmative defense to liability if, within the previous 3 years and prior to the commencement of the action, the employer has completed a self-evaluation of the employer's pay practices and can demonstrate that progress has been made towards eliminating wage differentials based on gender 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, in accordance with that evaluation. Recommends imposing specified fines on employers who cannot properly raise an affirmative defense. Recommends deleting provisions concerning compensatory damages, punitive damages, injunctive relief, and special damages for employees who succeed in an action alleging gender-based wage discrimination. (Deletes reference to: 820 ILCS 112/30; Adds reference to: 820 ILCS 112/28)

Actions 
DateChamber Action
  11/15/2017HouseFiled with the Clerk by Rep. Anna Moeller
  11/15/2017HouseCo-Sponsor Rep. Stephanie A. Kifowit
  11/15/2017HouseCo-Sponsor Rep. Martin J. Moylan
  11/15/2017HouseCo-Sponsor Rep. Silvana Tabares
  11/15/2017HouseCo-Sponsor Rep. Kelly M. Burke
  11/15/2017HouseCo-Sponsor Rep. Lawrence Walsh, Jr.
  11/15/2017HouseCo-Sponsor Rep. Thaddeus Jones
  11/15/2017HouseCo-Sponsor Rep. Sue Scherer
  11/15/2017HouseCo-Sponsor Rep. Michelle Mussman
  11/15/2017HouseFirst Reading
  11/15/2017HouseReferred to Rules Committee
  11/27/2017HouseAdded Chief Co-Sponsor Rep. Katie Stuart
  12/12/2017HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  1/24/2018HouseAssigned to Economic Opportunity Committee
  1/24/2018HouseAdded Co-Sponsor Rep. Jonathan Carroll
  1/24/2018HouseAdded Co-Sponsor Rep. John Connor
  1/24/2018HouseAdded Chief Co-Sponsor Rep. Barbara Flynn Currie
  1/25/2018HouseAdded Chief Co-Sponsor Rep. Kelly M. Cassidy
  1/25/2018HouseChief Co-Sponsor Changed to Rep. Kelly M. Cassidy
  1/25/2018HouseAdded Co-Sponsor Rep. Ann M. Williams
  1/25/2018HouseAdded Co-Sponsor Rep. Deb Conroy
  1/25/2018HouseAdded Co-Sponsor Rep. Sam Yingling
  1/26/2018HouseAdded Chief Co-Sponsor Rep. La Shawn K. Ford
  1/26/2018HouseChief Co-Sponsor Changed to Rep. La Shawn K. Ford
  1/29/2018HouseAdded Co-Sponsor Rep. Steven A. Andersson
  1/30/2018HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  1/30/2018HouseAdded Co-Sponsor Rep. Luis Arroyo
  1/30/2018HouseAdded Co-Sponsor Rep. Fred Crespo
  1/30/2018HouseDo Pass / Short Debate Economic Opportunity Committee; 008-004-000
  1/31/2018HousePlaced on Calendar 2nd Reading - Short Debate
  2/5/2018HouseAdded Co-Sponsor Rep. Melissa Conyears-Ervin
  2/7/2018HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  2/7/2018HouseSecond Reading - Short Debate
  2/7/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/7/2018HouseAdded Co-Sponsor Rep. Christian L. Mitchell
  2/7/2018HouseAdded Co-Sponsor Rep. Juliana Stratton
  2/7/2018HouseAdded Co-Sponsor Rep. Robyn Gabel
  2/7/2018HouseAdded Co-Sponsor Rep. Sonya M. Harper
  2/7/2018HouseAdded Co-Sponsor Rep. Emanuel Chris Welch
  2/7/2018HouseAdded Co-Sponsor Rep. Will Guzzardi
  2/7/2018HouseAdded Co-Sponsor Rep. LaToya Greenwood
  2/7/2018HouseAdded Co-Sponsor Rep. Kathleen Willis
  2/7/2018HouseAdded Co-Sponsor Rep. Litesa E. Wallace
  2/7/2018HouseAdded Co-Sponsor Rep. Lou Lang
  2/7/2018HouseAdded Co-Sponsor Rep. Theresa Mah
  2/7/2018HouseAdded Co-Sponsor Rep. Natalie A. Manley
  2/7/2018HouseAdded Co-Sponsor Rep. Michael Halpin
  2/7/2018HouseAdded Co-Sponsor Rep. Natalie Phelps Finnie
  2/7/2018HouseAdded Co-Sponsor Rep. Robert Martwick
  2/7/2018HouseAdded Co-Sponsor Rep. Laura Fine
  2/13/2018HouseAdded Co-Sponsor Rep. Al Riley
  2/13/2018HouseAdded Co-Sponsor Rep. Carol Sente
  2/13/2018HouseAdded Co-Sponsor Rep. Jaime M. Andrade, Jr.
  2/13/2018HouseAdded Co-Sponsor Rep. Rita Mayfield
  2/14/2018HouseAdded Co-Sponsor Rep. Jay Hoffman
  2/14/2018HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  2/14/2018HouseAdded Co-Sponsor Rep. Marcus C. Evans, Jr.
  2/14/2018HouseAdded Co-Sponsor Rep. Carol Ammons
  2/14/2018HouseAdded Co-Sponsor Rep. Jerry Costello, II
  2/14/2018HouseAdded Co-Sponsor Rep. Gregory Harris
  2/14/2018HouseAdded Co-Sponsor Rep. Michael J. Zalewski
  2/14/2018HouseAdded Co-Sponsor Rep. Frances Ann Hurley
  2/14/2018HouseAdded Co-Sponsor Rep. Jehan Gordon-Booth
  2/14/2018HouseAdded Co-Sponsor Rep. Arthur Turner
  2/14/2018HouseAdded Co-Sponsor Rep. Michael J. Madigan
  2/22/2018HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Anna Moeller
  2/22/2018HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  2/26/2018HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000
  2/28/2018HouseRecalled to Second Reading - Short Debate
  2/28/2018HouseHouse Floor Amendment No. 1 Adopted
  2/28/2018HouseHeld on Calendar Order of Second Reading - Short Debate
  2/28/2018HouseHouse Floor Amendment No. 1 Fiscal Note Requested as Amended by Rep. Tom Demmer
  2/28/2018HouseHouse Floor Amendment No. 1 Note / Motion Filed - Note Act Does Not Apply Rep. Anna Moeller
  2/28/2018HouseHouse Floor Amendment No. 1 Motion Prevailed 066-047-000
  2/28/2018HouseFiscal Note Request is Inapplicable
  2/28/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/28/2018HouseThird Reading - Short Debate - Passed 087-024-000
  3/1/2018SenateArrive in Senate
  3/1/2018SenatePlaced on Calendar Order of First Reading
  3/1/2018SenateChief Senate Sponsor Sen. Cristina Castro
  3/1/2018SenateFirst Reading
  3/1/2018SenateReferred to Assignments
  3/1/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Linda Holmes
  3/1/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Thomas Cullerton
  3/1/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Melinda Bush
  3/13/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Toi W. Hutchinson
  3/13/2018SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
  3/13/2018SenateAdded as Alternate Co-Sponsor Sen. Antonio Muņoz
  3/13/2018SenateAdded as Alternate Co-Sponsor Sen. Heather A. Steans
  3/13/2018SenateAdded as Alternate Co-Sponsor Sen. Laura M. Murphy
  3/14/2018SenateAdded as Alternate Co-Sponsor Sen. Emil Jones, III
  3/14/2018SenateAdded as Alternate Co-Sponsor Sen. Jacqueline Y. Collins
  3/14/2018SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  3/29/2018SenateAdded as Alternate Co-Sponsor Sen. Iris Y. Martinez
  4/2/2018SenateAdded as Alternate Co-Sponsor Sen. Patricia Van Pelt
  4/25/2018SenateAssigned to Labor
  5/11/2018SenateRule 2-10 Committee Deadline Established As May 31, 2018
  5/15/2018SenateAdded as Alternate Co-Sponsor Sen. Omar Aquino
  5/23/2018SenateDo Pass Labor; 011-006-001
  5/23/2018SenatePlaced on Calendar Order of 2nd Reading
  5/23/2018SenateSecond Reading
  5/23/2018SenatePlaced on Calendar Order of 3rd Reading May 24, 2018
  5/25/2018SenateRule 2-10 Third Reading Deadline Established As May 31, 2018
  5/29/2018SenateThird Reading - Passed; 031-016-001
  5/30/2018SenateMotion Filed to Reconsider Vote Sen. Cristina Castro
  7/9/2018SenateMotion Withdrawn Sen. Cristina Castro
  7/9/2018HousePassed Both Houses
  8/7/2018HouseSent to the Governor
  9/21/2018HouseGovernor Amendatory Veto
  11/13/2018HousePlaced on Calendar Amendatory Veto
  11/13/2018HouseMotion Filed Override Amendatory Veto Rep. Anna Moeller
  11/28/2018HouseBill Dead - No Positive Action Taken - Amendatory Veto