2005 Illinois Code - 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.)
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(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 4 or more 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. 93‑6, eff. 1‑1‑04.)
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(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 equal skill, effort, and responsibility, and which are performed under
similar working
conditions, except where the payment is made under:
(1) a seniority system;
(2) a merit system;
(3) a system that measures earnings by quantity or |
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quality of production; or
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(4) a differential based on any other factor other
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than: (i) sex or (ii) a factor that would constitute unlawful discrimination under the Illinois Human Rights Act.
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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.
(c) It is unlawful for any person to discharge or in any other manner
discriminate against any individual because the individual:
(1) has filed any charge or has instituted or caused
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to be instituted any proceeding under or related to this Act;
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(2) has given, or is about to give, any information
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in connection with any inquiry or proceeding relating to any right provided under this Act; or
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(3) has testified, or is about to testify, in any
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inquiry or proceeding relating to any right provided under this Act.
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(Source: P.A. 93‑6, eff. 1‑1‑04.)
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(820 ILCS 112/15)
Sec. 15.
Enforcement.
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.
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.
(Source: P.A. 93‑6, eff. 1‑1‑04.)
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(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
3 years and shall
make reports from the records as prescribed by rule or order of the
Director.
(Source: P.A. 93‑6, eff. 1‑1‑04.)
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(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.)
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(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 of this Act, the employee may recover in a civil action
the entire amount of any
underpayment together with interest 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 3
years from the date
the employee learned of the underpayment.
(b) The Director is authorized to supervise the payment of the unpaid wages
owing to any
employee or employees under this Act and may bring any legal action necessary
to recover the
amount of unpaid wages and penalties 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) Any employer who violates any provision of this Act or any rule
adopted under the Act is subject to a civil penalty not to exceed $2,500
for each violation for
each employee affected. 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. 93‑6, eff. 1‑1‑04.)
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(820 ILCS 112/35)
Sec. 35.
Refusal to pay wages or final compensation; retaliatory
discharge or
discrimination.
(a) Any employer who has been ordered by the Director of Labor or the court
to pay wages
due an employee and who fails to do so within 15 days after the order is
entered is
liable to pay a penalty of 1% per calendar day to the employee for each day of
delay in paying
the 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. 93‑6, eff. 1‑1‑04.)
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(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.)
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(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:
(1) conducting and promoting research to develop the |
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means to correct the conditions leading to the pay disparities;
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(2) publishing and otherwise making available to
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employers, labor organizations, professional associations, educational institutions, the legislature, the media, and the general public the findings resulting from studies and other materials, relating to the pay disparities;
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(3) providing information to employers, labor
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organizations, and other interested persons on the means of eliminating pay disparities; and
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(4) developing guidelines to enable employers to
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evaluate job categories based on objective criteria such as educational requirements, skill requirements, independence, working conditions, and responsibility. These guidelines shall be designed to enable employers to voluntarily compare wages paid for different jobs to determine if the pay scales involved adequately and fairly reflect the educational requirements, skill requirements, independence, working conditions, and responsibility for each such job with the goal of eliminating unfair pay disparities between occupations traditionally dominated by men or women.
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(Source: P.A. 93‑6, eff. 1‑1‑04.)
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(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.)
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(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.)
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