2023 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)
(Text of Section before amendment by P.A. 103-539)
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.)
(Text of Section after amendment by P.A. 103-539)
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.
"Pay scale and benefits" means the wage or salary, or the wage or salary range, and a general description of the benefits  and other compensation, including, but not limited to, bonuses, stock options, or other incentives  the employer reasonably expects in good faith to offer for the position, set by reference to any applicable pay scale, the previously determined range for the position, the actual range of others currently holding equivalent positions, or the budgeted amount for the position, as applicable.
(Source: P.A. 103-539, eff. 1-1-25.)
(820 ILCS 112/10)
(Text of Section before amendment by P.A. 103-539)
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:
(1) a seniority system;
(2) a merit system;
(3) a system that measures earnings by quantity or     quality of production; or
(4) a differential based on any other factor other     than: (i) sex or (ii) a factor that would constitute unlawful discrimination under the Illinois Human Rights Act, provided that the factor:
(A) is not based on or derived from a         differential in compensation based on sex or another protected characteristic;
(B) is job-related with respect to the position         and consistent with a business necessity; and
(C) accounts for the differential.
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:
(1) a seniority system;
(2) a merit system;
(3) a system that measures earnings by quantity or         quality of production; or
(4) a differential based on any other factor other         than: (i) race  or (ii) a factor that would constitute unlawful discrimination under the Illinois Human Rights Act, provided that the factor:
(A) is not based on or derived from a         differential in compensation based on race or another protected characteristic;
(B) is job-related with respect to the position         and consistent with a business necessity; and
(C) accounts for the differential.
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:
(1)    the job applicant's wage or salary history is     a matter of public record under the Freedom of Information Act, or any other equivalent State or federal law, or is contained in a document completed by the job applicant's current or former employer and then made available to the public by the employer, or submitted or posted by the employer to comply with State or federal law; or
(2)      the job applicant is a current employee and     is applying for a position with the same current employer.
(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:
(1) providing information about the wages, benefits,     compensation, or salary offered in relation to a position; or
(2) engaging in discussions with an applicant for     employment about the applicant's expectations with respect to wage or salary, benefits, and other compensation, including unvested equity or deferred compensation that the applicant would forfeit or have canceled by virtue of the applicant's resignation from the applicant's current employer. If, during such discussion, the applicant voluntarily and without prompting discloses that the applicant would forfeit or have canceled by virtue of the applicant's resignation from the applicant's current employer unvested equity or deferred compensation, an employer may request the applicant to verify the aggregate amount of such compensation by submitting a letter or document stating the aggregate amount of the unvested equity or deferred compensation from, at the applicant's choice, one of the following: (1) the applicant's current employer or (2) the business entity that administers the funds that constitute the unvested equity or deferred compensation.
(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:
(1) has filed any charge or has instituted or caused     to be instituted any proceeding under or related to this Act;
(2) has given, or is about to give, any information     in connection with any inquiry or proceeding relating to any right provided under this Act;
(3) has testified, or is about to testify, in any     inquiry or proceeding relating to any right provided under this Act; or
(4) fails to comply with any wage or salary history     inquiry.(Source: P.A. 101-177, eff. 9-29-19; 102-277, eff. 1-1-22.)
(Text of Section after amendment by P.A. 103-539)
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:
(1) a seniority system;
(2) a merit system;
(3) a system that measures earnings by quantity or     quality of production; or
(4) a differential based on any other factor other     than: (i) sex or (ii) a factor that would constitute unlawful discrimination under the Illinois Human Rights Act, provided that the factor:
(A) is not based on or derived from a         differential in compensation based on sex or another protected characteristic;
(B) is job-related with respect to the position         and consistent with a business necessity; and
(C) accounts for the differential.
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:
(1) a seniority system;
(2) a merit system;
(3) a system that measures earnings by quantity or         quality of production; or
(4) a differential based on any other factor other         than: (i) race  or (ii) a factor that would constitute unlawful discrimination under the Illinois Human Rights Act, provided that the factor:
(A) is not based on or derived from a         differential in compensation based on race or another protected characteristic;
(B) is job-related with respect to the position         and consistent with a business necessity; and
(C) accounts for the differential.
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:
(1)    the job applicant's wage or salary history is     a matter of public record under the Freedom of Information Act, or any other equivalent State or federal law, or is contained in a document completed by the job applicant's current or former employer and then made available to the public by the employer, or submitted or posted by the employer to comply with State or federal law; or
(2)      the job applicant is a current employee and     is applying for a position with the same current employer.
(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:
(1) providing information about the wages, benefits,     compensation, or salary offered in relation to a position; or
(2) engaging in discussions with an applicant for     employment about the applicant's expectations with respect to wage or salary, benefits, and other compensation, including unvested equity or deferred compensation that the applicant would forfeit or have canceled by virtue of the applicant's resignation from the applicant's current employer. If, during such discussion, the applicant voluntarily and without prompting discloses that the applicant would forfeit or have canceled by virtue of the applicant's resignation from the applicant's current employer unvested equity or deferred compensation, an employer may request the applicant to verify the aggregate amount of such compensation by submitting a letter or document stating the aggregate amount of the unvested equity or deferred compensation from, at the applicant's choice, one of the following: (1) the applicant's current employer or (2) the business entity that administers the funds that constitute the unvested equity or deferred compensation.
(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.
(b-25)  It is unlawful for an employer with 15 or more employees  to fail to include the pay scale and benefits for a position in any specific job posting. The inclusion of a hyperlink to a publicly viewable webpage that includes the pay scale and benefits satisfies the requirements for inclusion under this subsection. If an employer engages a third party to announce, post, publish, or otherwise make known a job posting, the employer shall provide the pay scale and benefits, or a hyperlink to the pay scale and benefits, to the third party and the third party shall include the pay scale and benefits, or a hyperlink to the pay scale and benefits, in the job posting. The third party is liable for failure to include the pay scale and benefits in the job posting, unless the third party can show that the employer did not provide the necessary information regarding pay scale and benefits.  An employer shall announce, post, or otherwise make known all opportunities for promotion to all current employees no later than 14 calendar days after the employer makes an external job posting for the position, except for positions in the State of Illinois workforce designated as exempt from competitive selection. Nothing in this subsection requires an employer to make a job posting. Posting of a relevant and up to date general benefits description in an easily accessible, central, and public location on an employer's website and referring to this posting in the job posting shall be deemed to satisfy the benefits posting requirement under this subsection.  This subsection only applies to positions that (i) will be physically performed, at least in part, in Illinois or (ii) will be physically performed outside of Illinois, but the employee reports to a supervisor, office, or other work site in Illinois.  Nothing in this subsection prohibits an employer or employment agency from asking an applicant about his or her wage or salary expectations for the position the applicant is applying for. An employer or employment agency shall disclose to an applicant for employment the pay scale and benefits to be offered for the position prior to any offer or discussion of compensation and at the applicant's request, if a public or internal posting for the job, promotion, transfer, or other employment opportunity has not been made available to the applicant. This subsection shall only apply to job postings that have been posted after the effective date of this amendatory Act of the 103rd General Assembly.
(b-30) An employer or an employment agency shall not refuse to interview, hire, promote, or employ, and shall not otherwise retaliate against, an applicant for employment or an employee for exercising any rights under subsection (b-25).
(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     to be instituted any proceeding under or related to this Act;
(2) has given, or is about to give, any information     in connection with any inquiry or proceeding relating to any right provided under this Act;
(3) has testified, or is about to testify, in any     inquiry or proceeding relating to any right provided under this Act; or
(4) fails to comply with any wage or salary history     inquiry.(Source: P.A. 102-277, eff. 1-1-22; 103-539, eff. 1-1-25.)
(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.
(1) A business shall apply for an equal pay     registration certificate by paying a $150 filing fee and submitting wage records and an equal pay compliance statement to the Director as follows:
(A) Wage Records. Any business that  is required         to file an annual Employer Information Report EEO-1 with the Equal Employment Opportunity Commission must submit to the Director a list of all employees during the past calendar year, separated by gender and the race and ethnicity categories as reported in the business's most recently filed Employer Information Report EEO-1, and the county in which the employee works, the date the employee started working for the business, any other information the Department deems necessary to determine if pay equity exists among employees, and report the total wages as defined by Section 2 of the Illinois Wage Payment and Collection Act paid to each employee during the past calendar year, rounded to the nearest $100, to the Director.
(B)  Equal Pay Compliance Statement.    The         business must submit a statement signed by a corporate officer, legal counsel, or authorized agent of the business certifying:
(i) that the business is in compliance with             this Act and other relevant laws, including but not limited to: Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Illinois Human Rights Act, and the Equal Wage Act;
(ii) that the average compensation for its             female and minority employees is not consistently below the average compensation for its male and non-minority employees within each of the major job categories in the Employer Information Report EEO-1 for which an employee is expected to perform work, taking into account factors such as length of service, requirements of specific jobs, experience, skill, effort, responsibility, working conditions of the job, education or training, job location, use of a collective bargaining agreement, or other mitigating factors; as used in this subparagraph, "minority" has the meaning ascribed to that term in paragraph (1) of subsection (A) of Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act; and as used in this subparagraph, "compensation" means remuneration or compensation an employee receives in return for services rendered to an employer, including hourly wages, overtime wages, commissions, piece rate work, salary, bonuses, or any other basis of calculation for services performed;
(iii) that the business does not restrict             employees of one sex to certain job classifications, and makes retention and promotion decisions without regard to sex;
(iv) that wage and benefit disparities are             corrected when identified to ensure compliance with the Acts cited in item (i);
(v) how often wages and benefits are             evaluated; and
(vi)  the approach the business takes in             determining  what level of wages and benefits to pay its employees; acceptable approaches include, but are not limited to, a wage and salary survey.
(C) Filing fee. The business shall pay to the         Department a filing fee of $150. Proceeds from the fees collected under this Section shall be deposited into the Equal Pay Fund, a special fund created in the State treasury.
(2) Receipt of the equal pay compliance application     and statement by the Director does not establish compliance with the Acts set forth in item (i) of subparagraph (B) of paragraph (1) of this subsection (c).
(3) A business that has employees in multiple     locations or facilities in Illinois shall submit a single application to the Department regarding all of its operations in Illinois.
(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.
(1) Any individually identifiable information     submitted  to the Director within or related to an equal pay registration  application or otherwise provided by an employer in its equal pay compliance statement under subsection (c) shall be considered confidential information and not subject to disclosure pursuant to the Illinois Freedom of Information Act. As used in this Section, "individually identifiable information" means data submitted pursuant to this Section that is associated with a specific person or business. Aggregate data or reports that are reasonably calculated to prevent the association of any data with any individual business or person are not confidential information. Aggregate data shall include the job category and the average hourly wage by county for each gender, race, and ethnicity category on the registration certificate applications. The Department of Labor may compile aggregate data from registration certificate applications.
(2) The Director's decision to issue, not issue,     revoke, or suspend an equal pay registration certificate is public information.
(3) Notwithstanding this subsection (h), a current     employee of a covered business may request anonymized data regarding their job classification or title and the pay for that classification. No individually identifiable information may be provided to an employee making a request under this paragraph.
(4) Notwithstanding this subsection (h), the     Department may share data and identifiable information with the Department of Human Rights, pursuant to its enforcement of Article 2 of the Illinois Human Rights Act, or the Office of the Attorney General, pursuant to its enforcement of Section 10-104 of the Illinois Human Rights Act.
(5) Any Department employee who willfully and     knowingly divulges, except in accordance with a proper judicial order or otherwise provided by law, confidential information received by the Department from any business pursuant to this Act shall be deemed to have violated the State Officials and Employees Ethics Act and be subject to the penalties established under subsections (e) and (f) of Section 50-5 of that Act after investigation and opportunity for hearing before the Executive Ethics Commission in accordance with Section 20-50 of that Act.
(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. 102-36, eff. 6-25-21; 102-705, eff. 4-22-22; 103-201, eff. 1-1-24.)
(820 ILCS 112/15)
(Text of Section before amendment by P.A. 103-539)
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.)
(Text of Section after amendment by P.A. 103-539)
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, former employee, or, for the purposes of a violation of subsection (b-25) of Section 10, any person that claims to be aggrieved by a violation of that subsection, 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 relevant violation.
(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. 103-539, eff. 1-1-25.)
(820 ILCS 112/20)
(Text of Section before amendment by P.A. 103-539)
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.)
(Text of Section after amendment by P.A. 103-539)
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, the pay scale and benefits for each position, the job posting for each position, 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. 103-539, eff. 1-1-25.)
(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)
(Text of Section from P.A. 103-201)
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, payable to the Department, for each employee affected as follows:
(1) An employer with fewer than 4 employees: first     offense, a fine not to exceed $500; second offense, a fine not to exceed $2,500; third or subsequent offense, a fine not to exceed $5,000.
(2) An employer with between 4 and 99 employees:     first offense, a fine not to exceed $2,500; second offense, a fine not to exceed $3,000; third or subsequent offense, a fine not to exceed $5,000.
(3) An employer with 100 or more employees who     violates any Section of this Act except for Section 11 shall be fined up to $10,000 per employee affected. An employer with 100 or more employees that is a business as defined under Section 11 and commits a violation of Section 11 shall be fined up to $10,000.
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, payable to the Department.
(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. 102-36, eff. 6-25-21; 103-201, eff. 1-1-24.)
(Text of Section from P.A. 103-539)
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, except for a violation of subsection (b-25) of Section 10, are subject to a civil penalty for each employee affected as follows:
(1) An employer with fewer than 4 employees: first     offense, a fine not to exceed $500; second offense, a fine not to exceed $2,500; third or subsequent offense, a fine not to exceed $5,000.
(2) An employer with between 4 and 99 employees:     first offense, a fine not to exceed $2,500; second offense, a fine not to exceed $3,000; third or subsequent offense, a fine not to exceed $5,000.
(3) An employer with 100 or more employees who     violates any Section of this Act except for Section 11 shall be fined up to $10,000 per employee affected. An employer with 100 or more employees that is a business as defined under Section 11 and commits a violation of Section 11 shall be fined up to $10,000.
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.
(c-5) The Department may initiate investigations of alleged violations of subsection (b-25) of Section 10 upon receiving a complaint from any person that claims to be aggrieved by a violation of that subsection or at the Department's discretion. Any person that claims to be aggrieved by a violation of subsection (b-25) of Section 10 may submit a complaint of an alleged violation of that subsection to the Department within one year after the date of the violation. If the Department has determined that a violation has occurred, it shall issue to the employer a notice setting forth the violation, the applicable penalty as described in subsections (c-10) and (c-15), and the period to cure the violation as described in subsection (c-10).
(c-7) A job posting found to be in violation of subsection (b-25) of Section 10 shall be considered as one violating job posting regardless of the number of duplicative postings that list the job opening.
(c-10) The penalties for a job posting or batch of postings that are active at the time the Department issues a notice of violation for violating subsection (b-25) of Section 10 are as follows:
(1) For a first offense, following a cure period of     14 days to remedy the violation, a fine not to exceed $500 at the discretion of the Department. A first offense may be either a single job posting that violates subsection (b-25) of Section 10 or multiple job postings that violate subsection (b-25) of Section 10 and are identified at the same time by the Department. The Department shall have discretion to waive any civil penalty under this paragraph.
(2) For a second offense, following a cure period of     7 days to remedy the violation, a fine not to exceed $2,500 at the discretion of the Department. A second offense is a single job posting that violates subsection (b-25) of Section 10. The Department shall have discretion to waive any civil penalty under this paragraph.
(3) For a third or subsequent offense, no cure     period, a fine not to exceed $10,000 at the discretion of the Department. A third or subsequent offense is a single job posting that violates subsection (b-25) of Section 10. The Department shall have discretion to waive any civil penalty under this paragraph. If a company has had a third offense, it shall incur automatic penalties without a cure period for a period of 5 years, at the completion of which any future offense shall count as a first offense. The 5-year period shall restart if, during that period, an employer receives a subsequent notice of violation from the Department.
(c-15) The penalties for a job posting or batch of job postings that are not active at the time the Department issues a notice of violation for violating subsection (b-25) of Section 10 are as follows:
(1) For a first offense, a fine not to exceed $250 at     the discretion of the Department. A first offense may be either a single job posting that violates subsection (b-25) of Section 10 or multiple job postings that violate subsection (b-25) of Section 10 and are identified at the same time by the Department. The Department shall have discretion to waive any civil penalty under this paragraph.
(2) For a second offense, a fine not to exceed $2,500     at the discretion of the Department. A second offense is a single job posting that violates subsection (b-25) of Section 10. The Department shall have discretion to waive any civil penalty under this paragraph.
(3) For a third or subsequent offense, a fine not to     exceed $10,000 at the discretion of the Department. A third or subsequent offense is a single job posting that violates subsection (b-25) of Section 10. The Department shall have discretion to waive any civil penalty under this paragraph.
For the purposes of this subsection, the Department, during its investigation of a complaint, shall make a determination as to whether a job posting is not active by considering the totality of the circumstances, including, but not limited to: (i) whether a position has been filled; (ii) the length of time a posting has been accessible to the public; (iii) the existence of a date range for which a given position is active; and (iv) whether the violating posting is for a position for which the employer is no longer accepting applications.
(d) In determining the amount of the penalty under this Section, 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. 102-36, eff. 6-25-21; 103-539, eff. 1-1-25.)
(820 ILCS 112/33)
Sec. 33. Equal Pay Fund. All moneys owed to the Department under this Act shall be deposited into the Equal Pay Fund and may be appropriated to the Department for the administration and enforcement of this Act.
(Source: P.A. 103-201, eff. 1-1-24.)
(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. Every employer with employees who do not regularly report to a physical workplace, such as employees who work remotely or travel for work, shall also provide the summary and notice by email to its employees or conspicuous posting on the employer's website or intranet site, if such site is regularly used by the employer to communicate work-related information to employees and is able to be regularly accessed by all employees, freely and without interference. The Director shall furnish
copies of summaries and rules to employers upon request without charge.
(Source: P.A. 103-201, eff. 1-1-24.)
(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     means to correct the conditions leading to the pay disparities;
(2) publishing  and otherwise making available to     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;
(3) providing information to employers, labor     organizations, and other interested persons on the means of eliminating pay disparities; and
(4) developing guidelines to enable employers to     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.
(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 Statute on Statutes.
(Source: P.A. 103-154, eff. 6-30-23.)