Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 320 - EQUAL PAY IN EMPLOYMENT › Subpart H - EQUAL PAY REGISTRATION CERTIFICATE › Section 320.840 - Application for Certification; Recertification

Current through Register Vol. 48, No. 28, July 12, 2024
A business that has employees in multiple locations
				  or facilities in Illinois shall submit a single application to the Department
				  regarding all of
the business's
operations in
				  Illinois.
[820 ILCS
				  112/11(c)(3) ]
a) An application shall include the
				following:
1)
A copy of the business's
				most recently filed Employer Information Report EEO-1
for all
				locations in the State of Illinois and for all employees as defined in this
				Subpart H, submitted in a text-searchable, sortable Microsoft Excel file or
				comma-separated values file format.
2) A list of all employees during the payroll
				year (January 1 through December 31) immediately preceding the application due
				date,
separated by
gender, race, and ethnicity
categories
in a text-searchable, sortable Microsoft Excel file
				or comma-separated values file format, as well as any other information
				required by the Department on the application form. For the purposes of this
				report, wages shall be reported by either the mean hourly wage (for employees
				paid hourly wages) or annual mean wage (for salaried employees). The business
				may provide any other information it believes is relevant to explain any pay
				disparities amongst its employees. [820 ILCS
				112/11(c)(1)(A) ]
3) An
Equal Pay Compliance Statement,
				signed by a corporate officer, legal counsel
employed by the business,
or authorized agent
employed by the business, that certifies:
A)
that the business is in compliance
				with the Act and other relevant laws, including but not limited to, Title VII
				of the Civil Rights Act of 1964
(42 U.S.C. 2000e),
the Equal Pay Act of 1963
(29 U.S.C.
				206(d)),
the
				Illinois Human Rights Act
[775 ILCS 5 ],
and the Equal Wage Act
[820 ILCS
				110 ];
B)
that the average compensation for
the business's
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
Job
				Classification Guide
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
;
C)
that the business does not
				restrict employees of one sex to certain job classifications, and makes
				retention and promotion decisions without regard to sex
. Businesses
				with positions for which sex is a bona fide occupational qualification, as
				defined in 29 CFR
				1604.2, must provide a list of such positions
				with a short explanation of why sex is a bona fide occupational qualification
				for those positions;
D)
that wage and benefit disparities are corrected when identified to
				ensure compliance with the Acts
in subsection (a)(3)(A)(i);
E)
how often wages and benefits are
				evaluated; and
F)
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
. [820 ILCS
				112/11(c) ]