Signed by Governor JB Pritzker

Vote Smart's Synopsis:

Vote to pass a bill that requires employers pay their employees equally.

Highlights:

• Expands and specifies lawfully accepted exceptions for paying employees that work the same or similar jobs differently in the case of a differential based on any factor other than sex, race, or a factor that would constitute unlawful discrimination, as long as the factor (Sec. 10):

• Is not based on or derived from a differential in compensation based on sex, race, or any other protected characteristic;

• Is related to the job in regards to the position and is consistent with a business necessity; and

• Accounts for the differential.

• Prohibits an employer from requiring an employee to sign a contract or waiver that prohibits the employee from disclosing or discussing information about their wages, salary, benefits, or other compensation (Sec. 10).

• Prohibits an employer or employment agency, or employee or agent thereof, from (Sec. 10):

• Screening job applicants through their current or prior wages or salary histories and requiring that their wage or salary history satisfy certain criteria;

• Requesting or requiring a wage or salary history to be considered for employment, an interview, or an offer of employment or compensation; or

• Request or require an applicant to disclose wage or salary history for consideration of possible employment.

• Prohibits an employer to seek the wage or salary history of an applicant, including benefits or other compensation (Sec. 10).

• Establishes that if an employer violates any section of this act, an employee can seek a civil action and the entire amount of any underpayment together with interest, compensatory damages if the employee shows that the employer exhibited malice or reckless indifference, punitive damages as appropriate, injunctive relief as may be appropriate, and court and lawyer related costs (Sec. 30).

• Establishes that if an employer violates certain subsections of section 10, an employee can seek, through a civil action, financial compensation for any damages incurred, special damages no more than $10,000, appropriate injunctive relief, and court and lawyer related costs (Sec. 30).

• Specifies that any action brought against an employer in this context must be within 5 years from the date of the violation (Sec. 30).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires employers pay their employees equally.

Highlights:

• Expands and specifies lawfully accepted exceptions for paying employees that work the same or similar jobs differently in the case of a differential based on any factor other than sex, race, or a factor that would constitute unlawful discrimination, as long as the factor (Sec. 10):

• Is not based on or derived from a differential in compensation based on sex, race, or any other protected characteristic;

• Is related to the job in regards to the position and is consistent with a business necessity; and

• Accounts for the differential.

• Prohibits an employer from requiring an employee to sign a contract or waiver that prohibits the employee from disclosing or discussing information about their wages, salary, benefits, or other compensation (Sec. 10).

• Prohibits an employer or employment agency, or employee or agent thereof, from (Sec. 10):

• Screening job applicants through their current or prior wages or salary histories and requiring that their wage or salary history satisfy certain criteria;

• Requesting or requiring a wage or salary history to be considered for employment, an interview, or an offer of employment or compensation; or

• Request or require an applicant to disclose wage or salary history for consideration of possible employment.

• Prohibits an employer to seek the wage or salary history of an applicant, including benefits or other compensation (Sec. 10).

• Establishes that if an employer violates any section of this act, an employee can seek a civil action and the entire amount of any underpayment together with interest, compensatory damages if the employee shows that the employer exhibited malice or reckless indifference, punitive damages as appropriate, injunctive relief as may be appropriate, and court and lawyer related costs (Sec. 30).

• Establishes that if an employer violates certain subsections of section 10, an employee can seek, through a civil action, financial compensation for any damages incurred, special damages no more than $10,000, appropriate injunctive relief, and court and lawyer related costs (Sec. 30).

• Specifies that any action brought against an employer in this context must be within 5 years from the date of the violation (Sec. 30).