Recent, and Upcoming, Changes in Illinois Employment Law

• Who is Impacted: 

•  How to Apply:

An impacted employer must:

1.  Pay a $150 filing fee;

2. Submit wage records, including:

A. The employer’s most recently filed EEO-1 Report;

B. A list of employees with the following information for each:

i. Gender;
ii. Race;
iii. Ethnicity;
iv. County in which the employee works;
v. Date employee started working for the employer;
vi. Any other information the DOL deems necessary to determine if pay equity exists among employees; and
vii. Total wages paid during the previous calendar year.

3. Submit an equal pay compliance statement—signed by a corporate officer, legal counsel, or authorized agent—certifying that:

A. The business is in compliance with the Illinois Equal Pay Act (820 ILCS 112), 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), the Illinois Human Rights Act (775 ILCS 5), and the Equal Wage Act (820 ILCS 110);

B. 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;

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;

D. That wage and benefit disparities are corrected when identified to ensure compliance with the Acts cited in A, above;

E. How often wage and benefits are evaluated; and

F. The approach the business takes in determining what level of wages and benefits to pay its employees.

• DOL’s Decision:

• Revocation:

• Technical Assistance:

• Access to Data

Individually identifiable information submitted to the DOL relative to an equal pay registration certificate is confidential and will not be disclosed to the public. However, the DOL may disclose the following:

1. Its decision to issue, not issue, revoke, or suspend an equal pay registration certificate;

2. Anonymized data regarding a particular job classification or title and the pay for that classification; and

3. Data and identifiable information provided to the Illinois Department of Human Rights or the Office of the Attorney General to assist with their enforcement of the Illinois Human Rights Act.

• Penalties