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| [ Introduced ] | [ House Amendment 001 ] |
91_HB2266eng HB2266 Engrossed LRB9103963KSsb 1 AN ACT to create the Equal Pay Act of 1999. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short Title. This Act may be cited as the 5 Equal Pay Act of 1999. 6 Section 5. Definitions. As used in this Act, the 7 following words shall have the meanings ascribed to them: 8 "Director" means the Director of Labor. 9 "Department" means the Department of Labor. 10 "Employee" means any individual permitted to work by an 11 employer. 12 "Employer" means an individual, partnership, corporation, 13 association, business, trust, person, or entity for whom 4 or 14 more employees are gainfully employed in Illinois and 15 includes the State of Illinois, any state officer, department 16 or agency, any unit of local government, and any school 17 district. 18 Section 10. Prohibited acts. 19 (a) No employer shall discriminate between employees on 20 the basis of sex by paying wages to an employee at a rate 21 less than the rate at which he or she pays wages to another 22 employee of the opposite sex for the same or substantially 23 similar work on jobs the performance of which requires equal 24 skill, effort, and responsibility, and which are performed 25 under similar working conditions, except where the payment is 26 made pursuant to: 27 (1) a seniority system; 28 (2) a merit system; 29 (3) a system that measures earnings by quantity or 30 quality of production; or HB2266 Engrossed -2- LRB9103963KSsb 1 (4) a differential based on any other factor other 2 than sex. 3 An employer who is paying wages in violation of this Act 4 shall not, in order to comply with this Act, reduce the wages 5 of any other employee. 6 (b) It shall be unlawful for any employer to interfere 7 with, restrain, or deny the exercise of or the attempt to 8 exercise any right provided under this Act. It shall be 9 unlawful for any employer to discharge or in any other manner 10 discriminate against any individual for inquiring about, 11 disclosing, comparing or otherwise discussing the employee's 12 wages or the wages of any other employee, or aiding or 13 encouraging any person to exercise his or her rights provided 14 under this Act. 15 (c) It shall be unlawful for any person to discharge or 16 in any other manner discriminate against any individual 17 because the individual: 18 (1) has filed any charge or has instituted or 19 caused to be instituted any proceeding under or related 20 to this Act; 21 (2) has given, or is about to give, any information 22 in connection with any inquiry or proceeding relating to 23 any right provided under this Act; or 24 (3) has testified, or is about to testify, in any 25 inquiry or proceeding relating to any right provided 26 under this Act. 27 Section 15. Enforcement. The Director or his or her 28 authorized representative shall administer and enforce the 29 provisions of this Act. The Director of Labor shall issue 30 rules and regulations necessary to administer and enforce the 31 provisions of this Act. 32 The Department shall have the power to conduct 33 investigations in connection with the administration and HB2266 Engrossed -3- LRB9103963KSsb 1 enforcement of this Act and the authorized officers and 2 employees of the Department are authorized to investigate and 3 gather data regarding the wages, hours, and other conditions 4 and practices of employment in any industry subject to this 5 Act, and may enter and inspect such places and such records 6 at reasonable times during regular business hours, question 7 the employees and investigate the facts, conditions, 8 practices, or matters as he or she may deem necessary or 9 appropriate to determine whether any person has violated any 10 provision of this Act, or which may aid in the enforcement of 11 this Act. 12 Section 20. Record keeping requirements. Every employer 13 subject to any provision of this Act shall make and preserve 14 records that document the name, address, and occupation of 15 each of his or her employees, the wages paid to each 16 employee, and any other information the Director may by 17 regulation deem necessary and appropriate for enforcement of 18 this Act. Every employer subject to any provisions of this 19 Act shall preserve such records for a period of not less than 20 3 years and shall make reports from the records as prescribed 21 by regulation or order of the Director. 22 Section 25. Witnesses; subpoena. The Director of Labor 23 or his or her authorized representative may administer oaths, 24 take or cause to be taken the depositions of witnesses, and 25 require by subpoena the attendance and testimony of witnesses 26 and the production of all books, records, and other evidence 27 relative to the matter under investigation. A subpoena 28 issued under this Section shall be signed and issued by the 29 Director of Labor or his or her authorized representative. 30 In case of failure of any person to comply with any 31 subpoena lawfully issued under this Section or on the refusal 32 of any witness to produce evidence or to testify to any HB2266 Engrossed -4- LRB9103963KSsb 1 matter regarding which he or she may be lawfully 2 interrogated, it is the duty of any circuit court, upon 3 application of the Director, or his or her authorized 4 representative, to compel obedience by proceedings for 5 contempt, as in the case of disobedience of the requirements 6 of a subpoena issued by such court or a refusal to testify 7 therein. The Director may certify to official acts. 8 Section 30. Violations; fines and penalties. 9 (a) If an employee is paid by his or her employer less 10 than the wage he or she is entitled to in violation of 11 Section 10 of this Act, the employee may recover in a civil 12 action the amount of any underpayment together with the costs 13 and reasonable attorney fees as may be allowed by the court. 14 At the request of the employee or on a motion of the 15 Director, the Department may make an assignment of the wage 16 claim in trust for the assigning employee and may bring any 17 legal action necessary to collect the claim, and the employer 18 shall be required to pay the costs incurred in collecting the 19 claim. Every such action shall be brought within 3 years 20 from the date of the underpayment. 21 (b) The Director is authorized to supervise the payment 22 of the unpaid wages owing to any employee or employees under 23 this Act and may bring any legal action necessary to recover 24 the amount of unpaid wages and penalties and the employer 25 shall be required to pay the costs. Any sums recovered by 26 the Director on behalf of an employee pursuant to this 27 Section shall be paid to the employee or employees affected. 28 (c) Any employer who violates any of the provisions of 29 this Act or any rule or regulation issued under the Act shall 30 be subject to a civil penalty not to exceed $5,000 for each 31 violation for each employee affected. In determining the 32 amount of the penalty, the appropriateness of the penalty to 33 the size of the business of the employer charged and the HB2266 Engrossed -5- LRB9103963KSsb 1 gravity of the violation shall be considered. The penalty may 2 be recovered in a civil action brought by the Director in any 3 circuit court. 4 Section 35. Refusal to pay wages or final compensation; 5 retaliatory discharge or discrimination. 6 (a) Any employer who has been ordered by the Director of 7 Labor or the court to pay wages due an employee and who shall 8 fail to do so within 15 days after the order is entered shall 9 be liable to pay a penalty of 1% per calendar day to the 10 employee for each day of delay in paying the wages to the 11 employee up to an amount equal to twice the sum of unpaid 12 wages due the employee. 13 (b) Any employer, or any agent of an employer, who 14 knowingly discharges or in any other manner knowingly 15 discriminates against any employee because that employee has 16 made a complaint to his or her employer, or to the Director 17 or his or her authorized representative, that he or she or 18 any employee of the employer has not been paid in accordance 19 with the provisions of this Act, or because that employee has 20 instituted or caused to be instituted any proceeding under or 21 related to this Act, or because that employee has testified 22 or is about to testify in an investigation or proceeding 23 under this Act, or offers any evidence of any violation of 24 this Act, is guilty, upon conviction of a petty offense and 25 is subject to a fine of $1,000 for each offense. 26 Section 40. Notification. Every employer covered by 27 this Act shall post and keep posted, in conspicuous places on 28 the premises of the employer where notices to employees are 29 customarily posted, a notice, to be prepared or approved by 30 the Director, summarizing the requirements of this Act and 31 information pertaining to the filing of a charge. Employers 32 shall be furnished copies of summaries and regulations by the HB2266 Engrossed -6- LRB9103963KSsb 1 Director upon request without charge. 2 Section 45. Outreach and Education Efforts. The 3 Department of Labor shall conduct ongoing outreach and 4 education efforts concerning this Act targeted toward 5 employers, labor organizations, and other appropriate 6 organizations. In addition, the Department of Labor shall 7 conduct studies and provide information biennially to 8 employers, labor organizations, and the general public 9 concerning the means available to eliminate pay disparities 10 between men and women, including: 11 (a) conducting and promoting research to develop the 12 means to correct the conditions leading to the pay 13 disparities; 14 (b) publishing and otherwise making available to 15 employers, labor organizations, professional associations, 16 educational institutions, the legislature, the media, and the 17 general public the findings resulting from studies and other 18 materials, relating to the pay disparities; 19 (c) providing information to employers, labor 20 organizations, and other interested persons on the means of 21 eliminating pay disparities; and 22 (d) developing guidelines to enable employers to evaluate 23 job categories based on objective criteria such as 24 educational requirements, skill requirements, independence, 25 working conditions, and responsibility. These guidelines 26 shall be designed to enable employers to voluntarily compare 27 wages paid for different jobs to determine if the pay scales 28 involved adequately and fairly reflect the educational 29 requirements, skill requirements, independence, working 30 conditions and responsibility for each such job with the goal 31 of eliminating unfair pay disparities between occupations 32 traditionally dominated by men or women. HB2266 Engrossed -7- LRB9103963KSsb 1 Section 50. Annual Report. The Department shall file 2 with the Governor and the General Assembly, no later than 3 January 1 of each year, a report of its activities regarding 4 administration and enforcement of this Act for the preceding 5 fiscal year. 6 Section 55. Severability. The provisions of this Act 7 are severable under Section 1.31 of the Statute on Statutes.