Illinois Compiled Statutes
Chapter 820 - EMPLOYMENT
820 ILCS 112/ - Equal Pay Act of 2003.

(820 ILCS 112/1)
Sec. 1.
Short Title.
This Act may be cited as the Equal Pay Act of 2003.

(Source: P.A. 93-6, eff. 1-1-04.)
 
(820 ILCS 112/5)
Sec. 5. Definitions. As used in this Act:
"Director" means the Director of Labor.
"Department" means the Department of Labor.
"Employee" means any individual permitted to work by an employer.
"Employer" means an individual, partnership, corporation, association,
business, trust, person, or entity for whom employees are gainfully
employed in Illinois and includes the State of Illinois, any state officer,
department, or agency, any unit of local government, and any school district.

(Source: P.A. 99-418, eff. 1-1-16.)
 
(820 ILCS 112/10)
Sec. 10. Prohibited acts.
(a) No employer may discriminate between employees on the basis of sex by
paying wages
to an employee at a rate less than the rate at which the employer pays wages to
another employee of
the opposite sex for the same or substantially similar work on jobs the
performance of which
requires substantially similar skill, effort, and responsibility, and which are performed under
similar working
conditions, except where the payment is made under:
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 jobs the performance of which requires substantially similar skill, effort, and responsibility, and which are performed under similar working conditions, except where the payment is made under:
An employer who is paying wages in violation of this Act may not,
to comply with
this Act, reduce the wages of any other employee.
Nothing in this Act may be construed to require an employer to pay, to
any employee at a workplace in a particular county, wages that are equal
to the wages paid by that employer at a workplace in another county to
employees in jobs the performance of which requires equal skill, effort, and
responsibility, and which are performed under similar working conditions.
(b) It is unlawful for any employer to interfere with, restrain, or
deny the exercise of or
the attempt to exercise any right provided under this Act. It is
unlawful for any employer
to discharge or in any other manner discriminate against any individual for
inquiring about,
disclosing, comparing, or otherwise discussing the employee's wages or the
wages
of any other
employee, or aiding or encouraging any person to exercise his or her rights
under this
Act. It is unlawful for an employer to require an employee to sign a contract or waiver that would prohibit the employee from disclosing or discussing information about the employee's wages, salary, benefits, or other compensation. An employer may, however, prohibit a human resources employee, a supervisor, or any other employee whose job responsibilities require or allow access to other employees' wage or salary information from disclosing that information without prior written consent from the employee whose information is sought or requested.
(b-5) It is unlawful for an employer or employment agency, or employee or agent thereof, to (1) screen job
applicants based on their current or prior wages or salary histories, including benefits or other compensation, by
requiring that the wage or salary history of an applicant satisfy minimum or maximum criteria, (2) request or require a wage or salary history as a condition of being considered for employment, as a condition of being interviewed, 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 (3) request or require that an applicant disclose wage or salary history as a condition of employment.
(b-10) It is unlawful for an employer to seek the wage or salary history, including benefits or other compensation, of a job applicant from any current or former employer. This subsection (b-10) does not apply if:
(b-15) Nothing in subsections (b-5) and (b-10) shall be construed to prevent an employer or employment agency, or an employee or agent thereof, from:
(b-20) An employer is not in violation of subsections (b-5) and (b-10) when a job applicant voluntarily and without prompting discloses his or her current or prior wage or salary history, including benefits or other compensation, on the condition that the employer does not consider or rely on the voluntary disclosures as a factor in determining whether to offer a job applicant employment, in making an offer of compensation, or in determining future wages, salary, benefits, or other compensation.
(c) It is unlawful for any person to discharge or in any other manner
discriminate against any individual because the individual:
 
(820 ILCS 112/11)
Sec. 11. Equal pay registration certificate requirements; application. For the purposes of this Section 11 only, "business" means any private employer who has 100 or more employees in the State of Illinois and is required to file an Annual Employer Information Report EEO-1 with the Equal Employment Opportunity Commission, but does not include the State of Illinois or any political subdivision, municipal corporation, or other governmental unit or agency.
(a) A business must obtain an equal pay registration certificate from the Department.
(b) Any business subject to the requirements of this Section that is authorized to transact business in this State on March 23, 2021 shall submit an application to obtain an equal pay registration certificate, between March 24, 2022 and March 23, 2024, and must recertify every 2 years thereafter. Any business subject to the requirements of this Section that is authorized to transact business in this State after March 23, 2021 must submit an application to obtain an equal pay registration certificate within 3 years of commencing business operations, but not before January 1, 2024, and must recertify every 2 years thereafter. The Department shall collect contact information from each business subject to this Section. The Department shall assign each business a date by which it must submit an application to obtain an equal pay registration certificate. The business shall recertify every 2 years at a date to be determined by the Department. When a business receives a notice from the Department to recertify for its equal pay registration certificate, if the business has fewer than 100 employees, the business must certify in writing to the Department that it is exempt from this Section. Any new business that is subject to this Section and authorized to conduct business in this State, after the effective date of this amendatory Act of the 102nd General Assembly, shall submit its contact information to the Department by January 1 of the following year and shall be assigned a date by which it must submit an application to obtain an equal pay registration certificate. The Department's failure to assign a business a registration date does not exempt the business from compliance with this Section. The failure of the Department to notify a business of its recertification deadline may be a mitigating factor when making a determination of a violation of this Section.
(c) Application.
(d) Issuance or rejection of registration certificate. After January 1, 2022, the Director must issue an equal pay registration certificate, or a statement of why the application was rejected, within 45 calendar days of receipt of the application. Applicants shall have the opportunity to cure any deficiencies in its application that led to the rejection, and re-submit the revised application to the Department within 30 calendar days of receiving a rejection. Applicants shall have the ability to appeal rejected applications. An application may be rejected only if it does not comply with the requirements of subsection (c), or the business is otherwise found to be in violation of this Act. The receipt of an application by the Department, or the issuance of a registration certificate by the Department, shall not establish compliance with the Equal Pay Act of 2003 as to all Sections except Section 11. The issuance of a registration certificate shall not be a defense against any Equal Pay Act violation found by the Department, nor a basis for mitigation of damages.
(e) Revocation of registration certificate. An equal pay registration certificate for a business may be suspended or revoked by the Director when the business fails to make a good faith effort to comply with the Acts identified in item (i) of subparagraph (B) of paragraph (1) of subsection (c), fails to make a good faith effort to comply with this Section, or has multiple violations of this Section or the Acts identified in item (i) of subparagraph (B) of paragraph (1) of subsection (c). Prior to suspending or revoking a registration certificate, the Director must first have sought to conciliate with the business regarding wages and benefits due to employees.
Consistent with Section 25, prior to or in connection with the suspension or revocation of an equal pay registration certificate, the Director, or his or her authorized representative, may interview workers, administer oaths, take or cause to be taken the depositions of witnesses, and require by subpoena the attendance and testimony of witnesses, and the production of personnel and compensation information relative to the matter under investigation, hearing or a department-initiated audit.
Neither the Department nor the Director shall be held liable for good faith errors in issuing, denying, suspending or revoking certificates.
(f) Administrative review. A business may obtain an administrative hearing in accordance with the Illinois Administrative Procedure Act before the suspension or revocation of its certificate or imposition of civil penalties as provided by subsection (i) is effective by filing a written request for hearing within 20 calendar days after service of notice by the Director.
(g) Technical assistance. The Director must provide technical assistance to any business that requests assistance regarding this Section.
(h) Access to data.
(i) Penalty. Falsification or misrepresentation of information on an application submitted to the Department shall constitute a violation of this Act and the Department may seek to suspend or revoke an equal pay registration certificate or impose civil penalties as provided under subsection (c) of Section 30.

(Source: P.A. 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-705, eff. 4-22-22.)
 
(820 ILCS 112/15)
Sec. 15. Enforcement.
(a) The Director or his or her authorized
representative shall
administer and enforce the provisions of this Act. The Director of Labor shall
adopt rules
necessary to administer and enforce this Act.
(b) An employee or former employee may file a complaint with the
Department alleging a violation of this Act by submitting a signed, completed complaint form. All complaints shall be filed with the Department within one year from the date of the underpayment.
(c) The Department has the power to conduct investigations in
connection with
the administration and enforcement of this Act and the authorized officers and
employees of the
Department are authorized to investigate and gather data regarding the wages,
hours, and other
conditions and practices of employment in any industry subject to this Act, and
may enter and
inspect such places and such records at reasonable times during regular
business hours, question
the employees and investigate the facts, conditions, practices, or matters as
he or she may deem
necessary or appropriate to determine whether any person has violated any
provision of this Act, or which may aid in the enforcement of this Act.
(d) The Department may refer a complaint alleging a violation of this Act to the Department of Human Rights for investigation if the subject matter of the complaint also alleges a violation of the Illinois Human Rights Act and the Department of Human Rights has jurisdiction over the matter. When a complaint is referred to the Department of Human Rights under this subsection, the Department of Human Rights shall also file the complaint under the Illinois Human Rights Act and be the agency responsible for investigating the complaint. The Department shall review the Department of Human Rights' investigation and findings to determine whether a violation of this Act has occurred or whether further investigation by the Department is necessary and take any necessary or appropriate action required to enforce the provisions of this Act. The Director of Labor and the Department of Human Rights shall adopt joint rules necessary to administer and enforce this subsection.
(Source: P.A. 98-1051, eff. 1-1-15.)
 
(820 ILCS 112/20)
Sec. 20. Recordkeeping requirements. An employer subject to any
provision of this
Act shall make and preserve records that document the name, address, and
occupation of each
employee, the wages paid to each employee, and any other
information
the Director
may by rule deem necessary and appropriate for enforcement of this Act.
An employer
subject to any provision of this Act shall preserve those records for a period
of not less than 5
years and shall
make reports from the records as prescribed by rule or order of the
Director, unless the records relate to an ongoing investigation or enforcement action under this Act, in which case the records must be maintained until their destruction is authorized by the Department or by court order.

(Source: P.A. 96-467, eff. 8-14-09.)
 
(820 ILCS 112/25)
Sec. 25.
Witnesses; subpoena.
The Director of Labor or his or her
authorized
representative may administer oaths, take or cause to be taken the depositions
of witnesses, and
require by subpoena the attendance and testimony of witnesses and the
production of all books,
records, and other evidence relative to the matter under investigation. A
subpoena issued under this Section shall be
signed and issued by the Director of Labor or his or her authorized
representative.
In case of failure of any person to comply with any subpoena lawfully issued
under this
Section or on the refusal of any witness to produce evidence or to testify to
any matter regarding
which he or she may be lawfully interrogated, it is the duty of any circuit
court, upon application
of the Director, or his or her authorized representative, to compel obedience
by proceedings for
contempt, as in the case of disobedience of the requirements of a subpoena
issued by such court
or a refusal to testify therein. The Director may certify to official acts.

(Source: P.A. 93-6, eff. 1-1-04.)
 
(820 ILCS 112/27)
Sec. 27. Officers and agents. In addition to an individual who is deemed to be an employer pursuant to Section 5 of this Act, any officers of a corporation or agents of an employer who willfully and knowingly permit such employer to evade a final judgment or final award provided under this Act shall be deemed to be the employers of the employees.

(Source: P.A. 97-903, eff. 1-1-13.)
 
(820 ILCS 112/30)
Sec. 30. Violations; fines and penalties.
(a) If an employee is paid by his or her employer less than the wage to
which he or
she is entitled in
violation of Section 10 or 11 of this Act, the employee may recover in a civil action
the entire amount of any
underpayment together with interest, compensatory damages if the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, injunctive relief as may be appropriate, and the costs and reasonable attorney's
fees as may be
allowed by the
court and as necessary to make the employee whole. At the request of the
employee or on a motion of the Director,
the Department may
make an assignment of the wage claim in trust for the assigning employee and
may bring any
legal action necessary to collect the claim, and the employer shall be required
to pay the costs
incurred in collecting the claim. Every such action shall be brought within 5
years from the date
of the underpayment. For purposes of this Act, "date of the underpayment" means each time wages are underpaid.
(a-5) If an employer violates subsection (b), (b-5), (b-10), or (b-20) of Section 10, the employee may recover in a civil action any damages incurred, special damages not to exceed $10,000, injunctive relief as may be appropriate, and costs and reasonable attorney's fees as may be allowed by the court and as necessary to make the employee whole. If special damages are available, an employee may recover compensatory damages only to the extent such damages exceed the amount of special damages. Such action shall be brought within 5 years from the date of the violation.
(b) The Director is authorized to supervise the payment of the unpaid wages under subsection (a) or damages under subsection (b), (b-5), (b-10), or (b-20) of Section 10
owing to any
employee or employees under this Act and may bring any legal action necessary
to recover the
amount of unpaid wages, damages, and penalties or to seek injunctive relief, and the employer shall be required to pay
the costs. Any
sums recovered by the Director on behalf of an employee under this
Section shall be
paid to the employee or employees affected.
(c) Employers who violate any provision of this Act or any rule
adopted under the Act are subject to a civil penalty for each employee affected as follows:
Before any imposition of a penalty under this subsection, an employer with 100 or more employees who violates item (b) of Section 11 and inadvertently fails to file an initial application or recertification shall be provided 30 calendar days by the Department to submit the application or recertification.
An employer or person who violates subsection (b), (b-5), (b-10), (b-20), or (c) of Section 10 is subject to a civil penalty not to exceed $5,000 for each violation for each employee affected.
(d) In determining the amount of the penalty, the
appropriateness of the
penalty to the size of the business of the employer charged and the gravity of
the violation shall
be considered. The penalty may be recovered in a civil action brought by the
Director in
any circuit court.

(Source: P.A. 101-177, eff. 9-29-19; 102-36, eff. 6-25-21.)
 
(820 ILCS 112/35)
Sec. 35.
Refusal to pay wages or final compensation; retaliatory
discharge or
discrimination.
(a) Any employer who has been demanded by the Director of Labor or ordered by the court
to pay wages
due an employee and who fails to do so within 15 days after such demand or the order is
entered shall be
liable to pay a penalty of 1% per calendar day to the employee for each day of
delay in paying such
wages to the employee, up to an amount equal to twice the sum of unpaid
wages due the
employee.
(b) Any employer, or any agent of an employer, who knowingly discharges or
in any other manner knowingly discriminates against any employee because that
employee has made a complaint to his or her employer, or to the Director or his
or her authorized
representative, that he or she or any employee of the employer has not been
paid in accordance
with the provisions of this Act, or because that employee has instituted or
caused to be instituted
any proceeding under or related to this Act or consulted counsel for such
purposes, or because that employee has
testified or is about to
testify in an investigation or proceeding under this Act, or offers any
evidence of any violation of
this Act, shall be liable to the
employee for such legal and equitable relief as may be appropriate to
effectuate the purposes of this
Section, the value of any lost benefits, backpay, and front pay as appropriate
so long as the
employee has made reasonable efforts to mitigate his or her damages and an
additional equal
amount as liquidated damages.

(Source: P.A. 96-467, eff. 8-14-09.)
 
(820 ILCS 112/40)
Sec. 40.
Notification.
Every employer covered by this Act shall post and
keep posted, in conspicuous places on the premises of the employer where
notices to employees are customarily posted, a notice, to be prepared or
approved by the Director, summarizing the requirements of this Act and
information pertaining to the filing of a charge. The Director shall furnish
copies of summaries and rules to employers upon request without charge.

(Source: P.A. 93-6, eff. 1-1-04.)
 
(820 ILCS 112/45)
Sec. 45.
Outreach and education efforts.
The Department of Labor shall
conduct ongoing
outreach and education efforts concerning this Act targeted toward employers,
labor
organizations, and other appropriate organizations. In addition, the
Department of Labor shall
conduct studies and provide information biennially to employers, labor
organizations, and the
general public concerning the means available to eliminate pay disparities
between men and
women, including:
(Source: P.A. 93-6, eff. 1-1-04.)
 
(820 ILCS 112/50)
Sec. 50.
Annual Report.
The Department shall file with the Governor and
the General Assembly, no later than January 1 of each year, a report of its
activities regarding administration and enforcement of this Act for the
preceding fiscal year.

(Source: P.A. 93-6, eff. 1-1-04.)
 
(820 ILCS 112/90)
Sec. 90.
Severability.
The provisions of this Act are severable under
Section 1.31 of the of the Statute on Statutes.

(Source: P.A. 93-6, eff. 1-1-04.)

Structure Illinois Compiled Statutes