Illinois State Laws
Additional State Laws
Effective September 1, 2019Illinois Updated The Equal Pay Act of 2003
Illinois passed House Bill 834 (HB834), which amends the Equal Pay Act of 2003. It prohibits employers from:
HB834 adds that employers may not “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 equal skill, effort, and responsibility, and which are performed under similar working conditions.”
There are exceptions. Employers may adjust compensation based on:
HB 834 also creates penalties for violations. They include:
The Illinois Ban the Box law applies to state employers with fifteen or more employees. Employers may inquire about criminal records after an interview or a conditional offer is extended. Job applications may not include questions about arrests or convictions.
Exemptions exist for positions in which federal or state law requires employers to exclude applicants who have any type of criminal record or the position requires the applicant to obtain a bond and having a criminal record would prevent the person from obtaining that bond.
If an applicant is found to have a criminal record, the state employer shall run an individualized assessment on the person in which they consider:
If a background check produced by a consumer reporting agency includes a criminal conviction record from the Illinois Department of State Police, then the agency must send the applicant a copy of that record. If anything is incorrect about the criminal record, then the applicant has seven days to file a dispute.
Employers may not consider criminal convictions that were sealed, expunged or impounded.
Employers may not use credit reports when making hiring decisions unless there is a bona fide occupational requirement such as: