HB 881 Illinois House · 101st Regular Session

EQUAL PAY ACT WAGE INFORMATION

Summary
Amends the Equal Pay Act of 2003. Provides that 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 the employee's wage or salary; however, an employer may 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 such information without prior written consent from the employee whose information is sought or requested. Provides that it is unlawful for an employer to seek the wage or salary history of a prospective employee from the prospective employee or a current or former employer or to require that a prospective employee's prior wage or salary history meet certain criteria, with some exceptions. Provides that an employer against whom an action is brought alleging a violation of the Act's prohibition against gender-based wage differentials and who, within the previous 3 years and prior to the commencement of the action, has completed a self-evaluation of the employer's pay practices in good faith and can demonstrate that reasonable progress has been made toward eliminating wage differentials based on gender for the same or substantially similar work in accordance with that evaluation shall have an affirmative defense to liability. Provides that an employer who cannot demonstrate that the evaluation was reasonable in detail and scope shall not be entitled to an affirmative defense, but shall not be liable for any civil fine in excess of: (1) $500 per employee affected, if the employer has fewer than 4 employees; or (2) $2,500 per employee affected, if the employer has 4 or more employees. Provides that if an employee recovers unpaid wages under the Act and also files a complaint or brings a sex discrimination action under the federal Fair Labor Standards Act of 1938 that results in additional recovery under federal law for the same violation, the employee shall return to the employer the amounts recovered under State law or the amounts recovered under federal law, whichever is less.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2019
Committee Review
Floor Vote
Governor
Introduced Jan 24, 2019 Last action Mar 29, 2019
Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
21
Key actions
1
Committee
4
Mar 29, 2019
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
Feb 27, 2019
Lower · Passed
To Wage Policy and Study Subcommittee
lower
Feb 5, 2019
Committee
Assigned to Labor & Commerce Committee
lower
Jan 28, 2019
Committee
Referred to Rules Committee
lower
0 primary · 16 co-sponsors

Sponsors

No sponsor information available.