Illinois General Assembly - Full Text of SB1847
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Full Text of SB1847  102nd General Assembly

SB1847enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB1847 EnrolledLRB102 11505 LNS 16839 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5, as amended by Public Act 101-656, as
6follows:
 
7    (5 ILCS 140/7.5)
8    Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be
10exempt from inspection and copying:
11        (a) All information determined to be confidential
12    under Section 4002 of the Technology Advancement and
13    Development Act.
14        (b) Library circulation and order records identifying
15    library users with specific materials under the Library
16    Records Confidentiality Act.
17        (c) Applications, related documents, and medical
18    records received by the Experimental Organ Transplantation
19    Procedures Board and any and all documents or other
20    records prepared by the Experimental Organ Transplantation
21    Procedures Board or its staff relating to applications it
22    has received.
23        (d) Information and records held by the Department of

 

 

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1    Public Health and its authorized representatives relating
2    to known or suspected cases of sexually transmissible
3    disease or any information the disclosure of which is
4    restricted under the Illinois Sexually Transmissible
5    Disease Control Act.
6        (e) Information the disclosure of which is exempted
7    under Section 30 of the Radon Industry Licensing Act.
8        (f) Firm performance evaluations under Section 55 of
9    the Architectural, Engineering, and Land Surveying
10    Qualifications Based Selection Act.
11        (g) Information the disclosure of which is restricted
12    and exempted under Section 50 of the Illinois Prepaid
13    Tuition Act.
14        (h) Information the disclosure of which is exempted
15    under the State Officials and Employees Ethics Act, and
16    records of any lawfully created State or local inspector
17    general's office that would be exempt if created or
18    obtained by an Executive Inspector General's office under
19    that Act.
20        (i) Information contained in a local emergency energy
21    plan submitted to a municipality in accordance with a
22    local emergency energy plan ordinance that is adopted
23    under Section 11-21.5-5 of the Illinois Municipal Code.
24        (j) Information and data concerning the distribution
25    of surcharge moneys collected and remitted by carriers
26    under the Emergency Telephone System Act.

 

 

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1        (k) Law enforcement officer identification information
2    or driver identification information compiled by a law
3    enforcement agency or the Department of Transportation
4    under Section 11-212 of the Illinois Vehicle Code.
5        (l) Records and information provided to a residential
6    health care facility resident sexual assault and death
7    review team or the Executive Council under the Abuse
8    Prevention Review Team Act.
9        (m) Information provided to the predatory lending
10    database created pursuant to Article 3 of the Residential
11    Real Property Disclosure Act, except to the extent
12    authorized under that Article.
13        (n) Defense budgets and petitions for certification of
14    compensation and expenses for court appointed trial
15    counsel as provided under Sections 10 and 15 of the
16    Capital Crimes Litigation Act. This subsection (n) shall
17    apply until the conclusion of the trial of the case, even
18    if the prosecution chooses not to pursue the death penalty
19    prior to trial or sentencing.
20        (o) Information that is prohibited from being
21    disclosed under Section 4 of the Illinois Health and
22    Hazardous Substances Registry Act.
23        (p) Security portions of system safety program plans,
24    investigation reports, surveys, schedules, lists, data, or
25    information compiled, collected, or prepared by or for the
26    Regional Transportation Authority under Section 2.11 of

 

 

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1    the Regional Transportation Authority Act or the St. Clair
2    County Transit District under the Bi-State Transit Safety
3    Act.
4        (q) Information prohibited from being disclosed by the
5    Personnel Record Review Act.
6        (r) Information prohibited from being disclosed by the
7    Illinois School Student Records Act.
8        (s) Information the disclosure of which is restricted
9    under Section 5-108 of the Public Utilities Act.
10        (t) All identified or deidentified health information
11    in the form of health data or medical records contained
12    in, stored in, submitted to, transferred by, or released
13    from the Illinois Health Information Exchange, and
14    identified or deidentified health information in the form
15    of health data and medical records of the Illinois Health
16    Information Exchange in the possession of the Illinois
17    Health Information Exchange Office due to its
18    administration of the Illinois Health Information
19    Exchange. The terms "identified" and "deidentified" shall
20    be given the same meaning as in the Health Insurance
21    Portability and Accountability Act of 1996, Public Law
22    104-191, or any subsequent amendments thereto, and any
23    regulations promulgated thereunder.
24        (u) Records and information provided to an independent
25    team of experts under the Developmental Disability and
26    Mental Health Safety Act (also known as Brian's Law).

 

 

SB1847 Enrolled- 5 -LRB102 11505 LNS 16839 b

1        (v) Names and information of people who have applied
2    for or received Firearm Owner's Identification Cards under
3    the Firearm Owners Identification Card Act or applied for
4    or received a concealed carry license under the Firearm
5    Concealed Carry Act, unless otherwise authorized by the
6    Firearm Concealed Carry Act; and databases under the
7    Firearm Concealed Carry Act, records of the Concealed
8    Carry Licensing Review Board under the Firearm Concealed
9    Carry Act, and law enforcement agency objections under the
10    Firearm Concealed Carry Act.
11        (w) Personally identifiable information which is
12    exempted from disclosure under subsection (g) of Section
13    19.1 of the Toll Highway Act.
14        (x) Information which is exempted from disclosure
15    under Section 5-1014.3 of the Counties Code or Section
16    8-11-21 of the Illinois Municipal Code.
17        (y) Confidential information under the Adult
18    Protective Services Act and its predecessor enabling
19    statute, the Elder Abuse and Neglect Act, including
20    information about the identity and administrative finding
21    against any caregiver of a verified and substantiated
22    decision of abuse, neglect, or financial exploitation of
23    an eligible adult maintained in the Registry established
24    under Section 7.5 of the Adult Protective Services Act.
25        (z) Records and information provided to a fatality
26    review team or the Illinois Fatality Review Team Advisory

 

 

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1    Council under Section 15 of the Adult Protective Services
2    Act.
3        (aa) Information which is exempted from disclosure
4    under Section 2.37 of the Wildlife Code.
5        (bb) Information which is or was prohibited from
6    disclosure by the Juvenile Court Act of 1987.
7        (cc) Recordings made under the Law Enforcement
8    Officer-Worn Body Camera Act, except to the extent
9    authorized under that Act.
10        (dd) Information that is prohibited from being
11    disclosed under Section 45 of the Condominium and Common
12    Interest Community Ombudsperson Act.
13        (ee) Information that is exempted from disclosure
14    under Section 30.1 of the Pharmacy Practice Act.
15        (ff) Information that is exempted from disclosure
16    under the Revised Uniform Unclaimed Property Act.
17        (gg) Information that is prohibited from being
18    disclosed under Section 7-603.5 of the Illinois Vehicle
19    Code.
20        (hh) Records that are exempt from disclosure under
21    Section 1A-16.7 of the Election Code.
22        (ii) Information which is exempted from disclosure
23    under Section 2505-800 of the Department of Revenue Law of
24    the Civil Administrative Code of Illinois.
25        (jj) Information and reports that are required to be
26    submitted to the Department of Labor by registering day

 

 

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1    and temporary labor service agencies but are exempt from
2    disclosure under subsection (a-1) of Section 45 of the Day
3    and Temporary Labor Services Act.
4        (kk) Information prohibited from disclosure under the
5    Seizure and Forfeiture Reporting Act.
6        (ll) Information the disclosure of which is restricted
7    and exempted under Section 5-30.8 of the Illinois Public
8    Aid Code.
9        (mm) Records that are exempt from disclosure under
10    Section 4.2 of the Crime Victims Compensation Act.
11        (nn) Information that is exempt from disclosure under
12    Section 70 of the Higher Education Student Assistance Act.
13        (oo) Communications, notes, records, and reports
14    arising out of a peer support counseling session
15    prohibited from disclosure under the First Responders
16    Suicide Prevention Act.
17        (pp) Names and all identifying information relating to
18    an employee of an emergency services provider or law
19    enforcement agency under the First Responders Suicide
20    Prevention Act.
21        (qq) Information and records held by the Department of
22    Public Health and its authorized representatives collected
23    under the Reproductive Health Act.
24        (rr) Information that is exempt from disclosure under
25    the Cannabis Regulation and Tax Act.
26        (ss) Data reported by an employer to the Department of

 

 

SB1847 Enrolled- 8 -LRB102 11505 LNS 16839 b

1    Human Rights pursuant to Section 2-108 of the Illinois
2    Human Rights Act.
3        (tt) Recordings made under the Children's Advocacy
4    Center Act, except to the extent authorized under that
5    Act.
6        (uu) Information that is exempt from disclosure under
7    Section 50 of the Sexual Assault Evidence Submission Act.
8        (vv) Information that is exempt from disclosure under
9    subsections (f) and (j) of Section 5-36 of the Illinois
10    Public Aid Code.
11        (ww) Information that is exempt from disclosure under
12    Section 16.8 of the State Treasurer Act.
13        (xx) Information that is exempt from disclosure or
14    information that shall not be made public under the
15    Illinois Insurance Code.
16        (yy) Information prohibited from being disclosed under
17    the Illinois Educational Labor Relations Act.
18        (zz) Information prohibited from being disclosed under
19    the Illinois Public Labor Relations Act.
20        (aaa) Information prohibited from being disclosed
21    under Section 1-167 of the Illinois Pension Code.
22        (bbb) Information that is exempt from disclosure under
23    subsection (k) of Section 11 of the Equal Pay Act of 2003.
24(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
25100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
268-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

 

 

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1eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
2100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
36-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
4eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
5101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
61-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
7eff. 7-7-20; 101-656, eff. 3-23-21.)
 
8    Section 10. The Equal Pay Act of 2003 is amended by
9changing Sections 11 and 30 as follows:
 
10    (820 ILCS 112/11)
11    Sec. 11. Equal pay registration certificate requirements;
12application. For the purposes of this Section 11 only,
13"business" means any private employer who has more than 100
14employees in the State of Illinois and is required to file an
15Annual Employer Information Report EEO-1 with the Equal
16Employment Opportunity Commission, but , and does not include
17the State of Illinois or any political subdivision, municipal
18corporation, or other governmental unit or agency.
19    (a) A business must obtain an equal pay registration
20certificate from the Department or certify in writing that it
21is exempt.
22    (b) Any business subject to the requirements of this
23Section that is authorized to transact business in this State
24on March 23, 2021 shall submit an application to obtain an

 

 

SB1847 Enrolled- 10 -LRB102 11505 LNS 16839 b

1equal pay registration certificate, between March 24, 2022 and
2March 23, 2024, and must recertify every 2 years thereafter.
3Any business subject to the requirements of this Section that
4is authorized to transact business in this State after March
523, 2021 must submit an application to obtain an equal pay
6registration certificate within 3 years of commencing business
7operations, but not before January 1, 2024, and must recertify
8every 2 years thereafter. The Department shall collect contact
9information from each business subject to this Section. The
10Department shall assign each business a date by which it must
11submit an application to obtain an equal pay registration
12certificate. The business shall recertify every 2 years at a
13date to be determined by the Department. When a business
14receives a notice from the Department to recertify for its
15equal pay registration certificate, if the business has fewer
16than 100 employees, the business must certify in writing to
17the Department that it is exempt from this Section. Any new
18business that is subject to this Section and authorized to
19conduct business in this State, after the effective date of
20this amendatory Act of the 102nd General Assembly, shall
21submit its contact information to the Department by January 1
22of the following year and shall be assigned a date by which it
23must submit an application to obtain an equal pay registration
24certificate. The Department's failure to assign a business a
25registration date does not exempt the business from compliance
26with this Section. The failure of the Department to notify a

 

 

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1business of its recertification deadline may be a mitigating
2factor when making a determination of a violation of this
3Section the effective date of this amendatory Act of the 101st
4General Assembly must obtain an equal pay registration
5certificate within 3 years after the effective date of this
6amendatory Act of the 101st General Assembly and must
7recertify every 2 years thereafter. Any business subject to
8the requirements of this Section that is authorized to
9transact business in this State after the effective date of
10this amendatory Act of the 101st General Assembly must obtain
11an equal pay registration certificate within 3 years of
12commencing business operations and must recertify every 2
13years thereafter.
14    (c) Application.
15        (1) A business shall apply for an equal pay
16    registration certificate by paying a $150 filing fee and
17    submitting wage records and an equal pay compliance
18    statement to the Director as follows:
19            (A) Wage Records. Any business that is required to
20        file an annual Employer Information Report EEO-1 with
21        the Equal Employment Opportunity Commission must also
22        submit to the Director a copy of the business's most
23        recently filed Employer Information Report EEO-1. The
24        business shall also compile a list of all employees
25        during the past calendar year, separated by gender and
26        the race and ethnicity categories as reported in the

 

 

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1        business's most recently filed Employer Information
2        Report EEO-1, and the county in which the employee
3        works, the date the employee started working for the
4        business, any other information the Department deems
5        necessary to determine if pay equity exists among
6        employees, and report the total wages as defined by
7        Section 2 of the Illinois Wage Payment and Collection
8        Act paid to each employee during the past calendar
9        year, rounded to the nearest $100, to the Director.
10            (B) Equal Pay Compliance Statement. The business
11        must submit a statement signed by a corporate officer,
12        legal counsel, or authorized agent of the business
13        certifying:
14                (i) that the business is in compliance with
15            this Act and other relevant laws, including but
16            not limited to: Title VII of the Civil Rights Act
17            of 1964, the Equal Pay Act of 1963, the Illinois
18            Human Rights Act, and the Equal Wage Act;
19                (ii) that the average compensation for its
20            female and minority employees is not consistently
21            below the average compensation, as determined by
22            rule by the United States Department of Labor, for
23            its male and non-minority employees within each of
24            the major job categories in the Employer
25            Information Report EEO-1 for which an employee is
26            expected to perform work, taking into account

 

 

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1            factors such as length of service, requirements of
2            specific jobs, experience, skill, effort,
3            responsibility, working conditions of the job,
4            education or training, job location, use of a
5            collective bargaining agreement, or other
6            mitigating factors; as used in this subparagraph,
7            "minority" has the meaning ascribed to that term
8            in paragraph (1) of subsection (A) of Section 2 of
9            the Business Enterprise for Minorities, Women, and
10            Persons with Disabilities Act;
11                (iii) that the business does not restrict
12            employees of one sex to certain job
13            classifications, and makes retention and promotion
14            decisions without regard to sex;
15                (iv) that wage and benefit disparities are
16            corrected when identified to ensure compliance
17            with the Acts cited in item (i);
18                (v) how often wages and benefits are
19            evaluated; and
20                (vi) the approach the business takes in
21            determining what level of wages and benefits to
22            pay its employees; acceptable approaches include,
23            but are not limited to, a wage and salary survey.
24            (C) Filing fee. The business shall pay to the
25        Department a filing fee of $150. Proceeds an equal pay
26        compliance statement to the Director. Any business

 

 

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1        that is required to file an annual Employer
2        Information Report EEO-1 with the Equal Employment
3        Opportunity Commission must also submit to the
4        Director a copy of the business's most recently filed
5        Employer Information Report EEO-1 for each county in
6        which the business has a facility or employees. The
7        business shall also compile, from records maintained
8        and available, a list of all employees during the past
9        calendar year, separated by gender and the race and
10        ethnicity categories as reported in the business's
11        most recently filed Employer Information Report EEO-1,
12        and report the total wages as defined by Section 2 of
13        the Illinois Wage Payment and Collection Act paid to
14        each employee during the past calendar year, rounded
15        to the nearest hundred dollar, to the Director. The
16        proceeds from the fees collected under this Section
17        shall be deposited into the Equal Pay Registration
18        Fund, a special fund created in the State treasury.
19        Moneys in the Fund shall be appropriated to the
20        Department for the purposes of this Section. The
21        Director shall issue an equal pay registration
22        certificate to a business that submits to the Director
23        a statement signed by a corporate officer, legal
24        counsel, or authorized agent of the business:
25        (2) Receipt of the equal pay compliance application
26    and statement by the Director does not establish

 

 

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1    compliance with the Acts set forth in item (i) of
2    subparagraph (B) of paragraph (1) of this subsection (c).
3            (A) that the business is in compliance with Title
4        VII of the Civil Rights Act of 1964, the Equal Pay Act
5        of 1963, the Illinois Human Rights Act, the Equal Wage
6        Act, and the Equal Pay Act of 2003;
7            (B) that the average compensation for its female
8        and minority employees is not consistently below the
9        average compensation, as determined by rule by the
10        United States Department of Labor, for its male and
11        non-minority employees within each of the major job
12        categories in the Employer Information Report EEO-1
13        for which an employee is expected to perform work
14        under the contract, taking into account factors such
15        as length of service, requirements of specific jobs,
16        experience, skill, effort, responsibility, working
17        conditions of the job, or other mitigating factors; as
18        used in this subparagraph, "minority" has the meaning
19        ascribed to that term in paragraph (1) of subsection
20        (A) of Section 2 of the Business Enterprise for
21        Minorities, Women, and Persons with Disabilities Act;
22            (C) that the business does not restrict employees
23        of one sex to certain job classifications and makes
24        retention and promotion decisions without regard to
25        sex;
26            (D) that wage and benefit disparities are

 

 

SB1847 Enrolled- 16 -LRB102 11505 LNS 16839 b

1        corrected when identified to ensure compliance with
2        the Acts cited in subparagraph (A) and with
3        subparagraph (B); and
4            (E) how often wages and benefits are evaluated to
5        ensure compliance with the Acts cited in subparagraph
6        (A) and with subparagraph (B).
7        (2) The equal pay compliance statement shall also
8    indicate whether the business, in setting compensation and
9    benefits, utilizes:
10            (A) a market pricing approach;
11            (B) State prevailing wage or union contract
12        requirements;
13            (C) a performance pay system;
14            (D) an internal analysis; or
15            (E) an alternative approach to determine what
16        level of wages and benefits to pay its employees. If
17        the business uses an alternative approach, the
18        business must provide a description of its approach.
19        (3) Receipt of the equal pay compliance statement by
20    the Director does not establish compliance with the Acts
21    set forth in subparagraph (A).
22        (3) A business that has employees in multiple
23    locations or facilities in Illinois shall submit a single
24    application to the Department regarding all of its
25    operations in Illinois.
26    (d) Issuance or rejection of registration certificate.

 

 

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1After January 1, 2022, the Director must issue an equal pay
2registration certificate, or a statement of why the
3application was rejected, within 45 calendar days of receipt
4of the application. Applicants shall have the opportunity to
5cure any deficiencies in its application that led to the
6rejection, and re-submit the revised application to the
7Department within 30 calendar days of receiving a rejection.
8Applicants shall have the ability to appeal rejected
9applications. An application may be rejected only if it does
10not comply with the requirements of subsection (c), or the
11business is otherwise found to be in violation of this Act. The
12receipt of an application by the Department, or the issuance
13of a registration certificate by the Department, shall not
14establish compliance with the Equal Pay Act of 2003 as to all
15Sections except Section 11. The issuance of a registration
16certificate shall not be a defense against any Equal Pay Act
17violation found by the Department, nor a basis for mitigation
18of damages. The Director must issue an equal pay registration
19certificate, or a statement of why the application was
20rejected, within 45 calendar days of receipt of the
21application. An application may be rejected only if it does
22not comply with the requirements of subsection (c). The
23receipt of an application by the Department, or the issuance
24of a registration certificate by the Department, shall not
25establish compliance of the Equal Pay Act of 2003 as to all
26Sections except Section 11. The issuance of a registration

 

 

SB1847 Enrolled- 18 -LRB102 11505 LNS 16839 b

1certificate shall not be a defense against any Equal Pay Act
2violation found by the Department, nor a basis for mitigation
3of damages.
4    (e) Revocation of registration certificate. An equal pay
5registration certificate for a business may be suspended or
6revoked by the Director when the business fails to make a good
7faith effort to comply with the Acts identified in item (i) of
8subparagraph (B) of paragraph (1) of subsection (c), fails to
9make a good faith effort to comply with this Section, or has
10multiple violations of this Section or the Acts identified in
11item (i) of subparagraph (B) of paragraph (1) of subsection
12(c). Prior to suspending or revoking a registration
13certificate, the Director must first have sought to conciliate
14with the business regarding wages and benefits due to
15employees.
16    Consistent with Section 25, prior to or in connection with
17the suspension or revocation of an equal pay registration
18certificate, the Director, or his or her authorized
19representative, may interview workers, administer oaths, take
20or cause to be taken the depositions of witnesses, and require
21by subpoena the attendance and testimony of witnesses, and the
22production of personnel and compensation information relative
23to the matter under investigation, hearing or a
24department-initiated audit. subparagraph (A) of paragraph (1)
25of subsection (c), fails to make a good faith effort to comply
26with this Section, or has multiple violations of this Section

 

 

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1or the Acts identified in subparagraph (A) of paragraph (1) of
2subsection (c). Prior to suspending or revoking a registration
3certificate, the Director must first have sought to conciliate
4with the business regarding wages and benefits due to
5employees.
6    The Director, or his or her authorized representative, may
7interview workers, administer oaths, take or cause to be taken
8the depositions of witnesses, and require by subpoena the
9attendance and testimony of witnesses, and the production of
10all books, records, and other evidence relative to the matter
11under investigation or hearing. Such subpoena shall be signed
12and issued by the Director or his or her authorized
13representative.
14    Upon request by the Director or his or her deputies or
15agents, records shall be copied and submitted for evidence at
16no cost to the Department. Every employer upon request shall
17furnish to the Director or his or her authorized
18representative, on demand, a sworn statement of the accuracy
19of the records. Any employer who refuses to furnish a sworn
20statement of the records is in violation of this Act.
21    In case of failure of any person to comply with any
22subpoena lawfully issued under this Section or on the refusal
23of any witness to produce evidence or to testify to any matter
24regarding which he or she may be lawfully interrogated, it is
25the duty of any circuit court, upon application of the
26Director or his or her authorized representative, to compel

 

 

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1obedience by proceedings for contempt, as in the case of
2disobedience of the requirements of a subpoena issued by such
3court or a refusal to testify therein. The Director may
4certify to official acts.
5    Neither the Department nor the Director shall be held
6liable for good faith errors in issuing, denying, suspending
7or revoking certificates.
8    (f) Administrative review. A business may obtain an
9administrative hearing in accordance with the Illinois
10Administrative Procedure Act before the suspension or
11revocation of its certificate or imposition of civil penalties
12as provided by subsection (i) is effective by filing a written
13request for hearing within 20 calendar days after service of
14notice by the Director.
15        (1) A business may obtain an administrative hearing in
16    accordance with the Illinois Administrative Procedure Act
17    before the suspension or revocation of its certificate is
18    effective by filing a written request for hearing within
19    20 calendar days after service of notice by the Director.
20        (2) A business may obtain an administrative hearing in
21    accordance with the Illinois Administrative Procedure Act
22    before the contract award entity's abridgement or
23    termination of a contract is effective by filing a written
24    request for a hearing 20 calendar days after service of
25    notice by the contract award entity.
26    (g) Technical assistance. The Director must provide

 

 

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1technical assistance to any business that requests assistance
2regarding this Section.
3    (h) Audit. The Director may audit the business's
4compliance with this Section. As part of an audit, upon
5request, a business must provide the Director the following
6information with respect to employees expected to perform work
7under the contract in each of the major job categories in the
8Employer Information Report EEO-1:
9        (1) number of male employees;
10        (2) number of female employees;
11        (3) average annualized salaries paid to male employees
12    and to female employees, in the manner most consistent
13    with the employer's compensation system, within each major
14    job category;
15        (4) information on performance payments, benefits, or
16    other elements of compensation, in the manner most
17    consistent with the employer's compensation system, if
18    requested by the Director as part of a determination as to
19    whether these elements of compensation are different for
20    male and female employees;
21        (5) average length of service for male and female
22    employees in each major job category; and
23        (6) other information identified by the business or by
24    the Director, as needed, to determine compliance with
25    items specified in paragraph (1) of subsection (c).
26    (h) (i) Access to data.

 

 

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1        (1) Any individually identifiable information
2    submitted to the Director within or related to an equal
3    pay registration application or otherwise provided by an
4    employer in its equal pay compliance statement under
5    subsection (c) shall be considered confidential
6    information and not subject to disclosure pursuant to the
7    Illinois Freedom of Information Act. As used in this
8    Section, "individually identifiable information" means
9    data submitted pursuant to this Section that is associated
10    with a specific person or business. Aggregate data or
11    reports that are reasonably calculated to prevent the
12    association of any data with any individual business or
13    person are not confidential information. Aggregate data
14    shall include the job category and the average hourly wage
15    by county for each gender, race, and ethnicity category on
16    the registration certificate applications. The Department
17    of Labor may compile aggregate data from registration
18    certificate applications.
19        (2) The Director's decision to issue, not issue,
20    revoke, or suspend an equal pay registration certificate
21    is public information.
22        (3) Notwithstanding this subsection (h), a current
23    employee of a covered business may request anonymized data
24    regarding their job classification or title and the pay
25    for that classification. No individually identifiable
26    information may be provided to an employee making a

 

 

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1    request under this paragraph.
2        (4) Notwithstanding this subsection (h), the
3    Department may share data and identifiable information
4    with the Department of Human Rights, pursuant to its
5    enforcement of Article 2 of the Illinois Human Rights Act,
6    or the Office of the Attorney General, pursuant to its
7    enforcement of Section 10-104 of the Illinois Human Rights
8    Act.
9        (5) Any Department employee who willfully and
10    knowingly divulges, except in accordance with a proper
11    judicial order or otherwise provided by law, confidential
12    information received by the Department from any business
13    pursuant to this Act shall be deemed to have violated the
14    State Officials and Employees Ethics Act and be subject to
15    the penalties established under subsections (e) and (f) of
16    Section 50-5 of that Act after investigation and
17    opportunity for hearing before the Executive Ethics
18    Commission in accordance with Section 20-50 of that Act.
19    Data submitted to the Director related to equal pay
20registration certificates or otherwise provided by an employer
21in its equal pay compliance statement under subsection (c) are
22private data on individuals or nonpublic data with respect to
23persons other than Department employees. The Director's
24decision to issue, not issue, revoke, or suspend an equal pay
25registration certificate is public data.
26    (i) (j) Penalty. The Department shall impose on any

 

 

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1business that does not obtain an equal pay registration
2certificate as required under this Section, or whose equal pay
3registration certificate is suspended or revoked after a
4Department investigation, a civil penalty in an amount equal
5to 1% of the business's gross profits. Falsification or
6misrepresentation of information on an application submitted
7to the Department shall constitute a violation of this Act and
8the Department may seek to suspend or revoke an equal pay
9registration certificate or impose civil penalties as provided
10under subsection (c) of Section 30.
11    (k) Whistleblower protection. As used in this subsection,
12"retaliatory action" means the reprimand, discharge,
13suspension, demotion, denial of promotion or transfer, or
14change in the terms and conditions of employment of any
15employee of a business that is taken in retaliation for the
16employee's involvement in a protected activity.
17        (1) A business shall not take any retaliatory action
18    against an employee of the business because the employee
19    does any of the following:
20            (A) Discloses or threatens to disclose to a
21        supervisor or to a public body an activity, inaction,
22        policy, or practice implemented by a business that the
23        employee reasonably believes is in violation of a law,
24        rule, or regulation.
25            (B) Provides information to or testifies before
26        any public body conducting an investigation, hearing,

 

 

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1        or inquiry into any violation of a law, rule, or
2        regulation by a nursing home administrator.
3            (C) Assists or participates in a proceeding to
4        enforce the provisions of this Act.
5        (2) A violation of this subsection (k) may be
6    established only upon a finding that (i) the employee of
7    the business engaged in conduct described in paragraph (1)
8    of this subsection and (ii) this conduct was a
9    contributing factor in the retaliatory action alleged by
10    the employee. There is no violation of this Section,
11    however, if the business demonstrates by clear and
12    convincing evidence that it would have taken the same
13    unfavorable personnel action in the absence of that
14    conduct.
15        (3) The employee of the business may be awarded all
16    remedies necessary to make the employee whole and to
17    prevent future violations of this Section. Remedies
18    imposed by the court may include, but are not limited to,
19    all of the following:
20            (A) Reinstatement of the employee to either the
21        same position held before the retaliatory action or to
22        an equivalent position.
23            (B) Two times the amount of back pay.
24            (C) Interest on the back pay.
25            (D) Reinstatement of full fringe benefits and
26        seniority rights.

 

 

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1            (E) Payment of reasonable costs and attorney's
2        fees.
3        (4) Nothing in this Section shall be deemed to
4    diminish the rights, privileges, or remedies of an
5    employee of a business under any other federal or State
6    law, rule, or regulation or under any employment contract.
7(Source: P.A. 101-656, eff. 3-23-21.)
 
8    (820 ILCS 112/30)
9    Sec. 30. Violations; fines and penalties.
10    (a) If an employee is paid by his or her employer less than
11the wage to which he or she is entitled in violation of Section
1210 or 11 of this Act, the employee may recover in a civil
13action the entire amount of any underpayment together with
14interest, compensatory damages if the employee demonstrates
15that the employer acted with malice or reckless indifference,
16punitive damages as may be appropriate, injunctive relief as
17may be appropriate, and the costs and reasonable attorney's
18fees as may be allowed by the court and as necessary to make
19the employee whole. At the request of the employee or on a
20motion of the Director, the Department may make an assignment
21of the wage claim in trust for the assigning employee and may
22bring any legal action necessary to collect the claim, and the
23employer shall be required to pay the costs incurred in
24collecting the claim. Every such action shall be brought
25within 5 years from the date of the underpayment. For purposes

 

 

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1of this Act, "date of the underpayment" means each time wages
2are underpaid.
3    (a-5) If an employer violates subsection (b), (b-5),
4(b-10), or (b-20) of Section 10, the employee may recover in a
5civil action any damages incurred, special damages not to
6exceed $10,000, injunctive relief as may be appropriate, and
7costs and reasonable attorney's fees as may be allowed by the
8court and as necessary to make the employee whole. If special
9damages are available, an employee may recover compensatory
10damages only to the extent such damages exceed the amount of
11special damages. Such action shall be brought within 5 years
12from the date of the violation.
13    (b) The Director is authorized to supervise the payment of
14the unpaid wages under subsection (a) or damages under
15subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing
16to any employee or employees under this Act and may bring any
17legal action necessary to recover the amount of unpaid wages,
18damages, and penalties or to seek injunctive relief, and the
19employer shall be required to pay the costs. Any sums
20recovered by the Director on behalf of an employee under this
21Section shall be paid to the employee or employees affected.
22    (c) Employers who violate any provision of this Act or any
23rule adopted under the Act are subject to a civil penalty for
24each employee affected as follows:
25        (1) An employer with fewer than 4 employees: first
26    offense, a fine not to exceed $500; second offense, a fine

 

 

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1    not to exceed $2,500; third or subsequent offense, a fine
2    not to exceed $5,000.
3        (2) An employer with between 4 and 99 4 or more
4    employees: first offense, a fine not to exceed $2,500;
5    second offense, a fine not to exceed $3,000; third or
6    subsequent offense, a fine not to exceed $5,000.
7        (3) An employer with 100 or more employees who
8    violates any Section of this Act except for Section 11
9    shall be fined up to $10,000 per employee affected. An
10    employer with 100 or more employees that is a business as
11    defined under Section 11 and commits a violation of
12    Section 11 shall be fined up to $10,000.
13    Before any imposition of a penalty under this subsection,
14an employer with 100 or more employees who violates item (b) of
15Section 11 and inadvertently fails to file an initial
16application or recertification shall be provided 30 calendar
17days by the Department to submit the application or
18recertification.
19    An employer or person who violates subsection (b), (b-5),
20(b-10), (b-20), or (c) of Section 10 is subject to a civil
21penalty not to exceed $5,000 for each violation for each
22employee affected.
23    (d) In determining the amount of the penalty, the
24appropriateness of the penalty to the size of the business of
25the employer charged and the gravity of the violation shall be
26considered. The penalty may be recovered in a civil action

 

 

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1brought by the Director in any circuit court.
2(Source: P.A. 101-177, eff. 9-29-19.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.