Illinois Equal Pay/Comparable Worth laws & HR compliance analysis

Illinois Equal Pay/Comparable Worth: What you need to know

The Illinois Equal Pay Act of 2003 prohibits employers from paying any employee less than it pays another employee of the opposite sex for the same or substantially similar work requiring equal skill, effort, and responsibility performed under similar working conditions for the same employer in the same county. The Act covers all employers (IL Comp. Stat. Ch. 820 Sec. 112/1).
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Under the Act, it is unlawful for an employer to:
• Reduce the wages of any employee in order to comply with the Act.
• Interfere with, restrain, deny, or attempt to deny the exercise of any right under the Act.
• Discharge or otherwise discriminate against any individual for inquiring about, disclosing, comparing, or otherwise discussing any employee's wages, or aiding or encouraging any person to exercise his or her rights under the Act.
• Discriminate against any individual who has filed a charge or started a proceeding, has given or testified, or is about to give information or testify, in connection with a proceeding related to any right protected under the Act.
Differences in compensation are permitted when based on:
• A seniority system
• A merit system
• A system that measures earnings by quantity or quality of production
• Any other factor other than sex
• Any other factor that does not constitute unlawful discrimination under the Illinois Human Rights Act
• Location of workplaces in different counties
Employers are required to make and keep records that include a record of each employee's name, address, occupation, and wages; payroll records and records of other forms of compensation; and dates of hire, promotion, and pay increases. In addition, employers are required to keep any records ...

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