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1		AN ACT concerning employment.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Equal Pay Act of 2003 is amended by changing
5		Section 10 as follows:
6		(820 ILCS 112/10)
7		Sec. 10. Prohibited acts.
8		(a) No employer may discriminate between employees on the
9		basis of sex by paying wages to an employee at a rate less than
10		the rate at which the employer pays wages to another employee
11		of the opposite sex for the same or substantially similar work
12		on jobs the performance of which requires substantially
13		similar skill, effort, and responsibility, and which are
14		performed under similar working conditions, except where the
15		payment is made under:
16		(1) a seniority system;
17		(2) a merit system;
18		(3) a system that measures earnings by quantity or
19		quality of production; or
20		(4) a differential based on any other factor other
21		than: (i) sex or (ii) a factor that would constitute
22		unlawful discrimination under the Illinois Human Rights
23		Act, provided that the factor:

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1		(A) is not based on or derived from a differential
2		in compensation based on sex or another protected
3		characteristic;
4		(B) is job-related with respect to the position
5		and consistent with a business necessity; and
6		(C) accounts for the differential.
7		No employer may discriminate between employees by paying
8		wages to an African-American employee at a rate less than the
9		rate at which the employer pays wages to another employee who
10		is not African-American for the same or substantially similar
11		work on jobs the performance of which requires substantially
12		similar skill, effort, and responsibility, and which are
13		performed under similar working conditions, except where the
14		payment is made under:
15		(1) a seniority system;
16		(2) a merit system;
17		(3) a system that measures earnings by quantity or
18		quality of production; or
19		(4) a differential based on any other factor other
20		than: (i) race or (ii) a factor that would constitute
21		unlawful discrimination under the Illinois Human Rights
22		Act, provided that the factor:
23		(A) is not based on or derived from a differential
24		in compensation based on race or another protected
25		characteristic;
26		(B) is job-related with respect to the position

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1		and consistent with a business necessity; and
2		(C) accounts for the differential.
3		An employer who is paying wages in violation of this Act
4		may not, to comply with this Act, reduce the wages of any other
5		employee.
6		Nothing in this Act may be construed to require an
7		employer to pay, to any employee at a workplace in a particular
8		county, wages that are equal to the wages paid by that employer
9		at a workplace in another county to employees in jobs the
10		performance of which requires equal skill, effort, and
11		responsibility, and which are performed under similar working
12		conditions.
13		(b) It is unlawful for any employer to interfere with,
14		restrain, or deny the exercise of or the attempt to exercise
15		any right provided under this Act. It is unlawful for any
16		employer to discharge or in any other manner discriminate
17		against any individual for inquiring about, disclosing,
18		comparing, or otherwise discussing the employee's wages or the
19		wages of any other employee, or aiding or encouraging any
20		person to exercise his or her rights under this Act. It is
21		unlawful for an employer to require an employee to sign a
22		contract or waiver that would prohibit the employee from
23		disclosing or discussing information about the employee's
24		wages, salary, benefits, or other compensation. An employer
25		may, however, prohibit a human resources employee, a
26		supervisor, or any other employee whose job responsibilities

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1		require or allow access to other employees' wage or salary
2		information from disclosing that information without prior
3		written consent from the employee whose information is sought
4		or requested.
5		(b-5) It is unlawful for an employer or employment agency,
6		or employee or agent thereof, to (1) screen job applicants
7		based on their current or prior wages or salary histories,
8		including benefits or other compensation, by requiring that
9		the wage or salary history of an applicant satisfy minimum or
10		maximum criteria, (2) request or require a wage or salary
11		history as a condition of being considered for employment, as
12		a condition of being interviewed, as a condition of continuing
13		to be considered for an offer of employment, as a condition of
14		an offer of employment or an offer of compensation, or (3)
15		request or require that an applicant disclose wage or salary
16		history as a condition of employment.
17		(b-10) It is unlawful for an employer to seek the wage or
18		salary history, including benefits or other compensation, of a
19		job applicant from any current or former employer. This
20		subsection (b-10) does not apply if:
21		(1) the job applicant's wage or salary history is a
22		matter of public record under the Freedom of Information
23		Act, or any other equivalent State or federal law, or is
24		contained in a document completed by the job applicant's
25		current or former employer and then made available to the
26		public by the employer, or submitted or posted by the

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1		employer to comply with State or federal law; or
2		(2) the job applicant is a current employee and is
3		applying for a position with the same current employer.
4		(b-15) Nothing in subsections (b-5) and (b-10) shall be
5		construed to prevent an employer or employment agency, or an
6		employee or agent thereof, from:
7		(1) providing information about the wages, benefits,
8		compensation, or salary offered in relation to a position;
9		or
10		(2) engaging in discussions with an applicant for
11		employment about the applicant's expectations with respect
12		to wage or salary, benefits, and other compensation,
13		including unvested equity or deferred compensation that
14		the applicant would forfeit or have canceled by virtue of
15		the applicant's resignation from the applicant's current
16		employer. If, during such discussion, the applicant
17		voluntarily and without prompting discloses that the
18		applicant would forfeit or have canceled by virtue of the
19		applicant's resignation from the applicant's current
20		employer unvested equity or deferred compensation, an
21		employer is not in violation of subsection (b-5) or (b-10)
22		for requesting the applicant to verify the aggregate
23		amount of such compensation by submitting a letter or
24		document stating the aggregate amount of the unvested
25		equity or deferred compensation from, at the applicant's
26		choice, one of the following: (1) the applicant's current

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1		employer or (2) the business entity that administers the
2		funds that constitute the unvested equity or deferred
3		compensation.
4		(b-20) An employer is not in violation of subsections
5		(b-5) and (b-10) when a job applicant voluntarily and without
6		prompting discloses his or her current or prior wage or salary
7		history, including benefits or other compensation, on the
8		condition that the employer does not consider or rely on the
9		voluntary disclosures as a factor in determining whether to
10		offer a job applicant employment, in making an offer of
11		compensation, or in determining future wages, salary,
12		benefits, or other compensation.
13		(c) It is unlawful for any person to discharge or in any
14		other manner discriminate against any individual because the
15		individual:
16		(1) has filed any charge or has instituted or caused
17		to be instituted any proceeding under or related to this
18		Act;
19		(2) has given, or is about to give, any information in
20		connection with any inquiry or proceeding relating to any
21		right provided under this Act;
22		(3) has testified, or is about to testify, in any
23		inquiry or proceeding relating to any right provided under
24		this Act; or
25		(4) fails to comply with any wage or salary history
26		inquiry.

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1		(Source: P.A. 100-1140, eff. 1-1-19; 101-177, eff. 9-29-19.)