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Illinois Next to Prohibit Salary History Inquiries?

The Illinois state legislature passed House Bill (HB) 2462 which would prevent employers from inquiring about a job applicant’s salary history and lower the burden on employees claiming equal pay violations. The Bill now awaits Governor Bruce Rauner’s signature.

HB 2462, which seeks to amend the Illinois Equal Pay Act of 2003, prohibits employers from: (i) screening job applicants based on their wage or salary history, (ii) requiring that an applicant’s prior wages satisfy minimum or maximum criteria, (iii) requesting or requiring as a condition of being interviewed or as a condition of continuing to be considered for an offer of employment that an applicant disclose prior wages or salary; and (iv) requiring an employee to sign a contract or waiver that would prohibit the employee from disclosing or discussing information about the employee’s wages. Employers also would be prohibited from seeking salary, including benefits or other compensation or salary history, of a job applicant from any current or former employer. HB2462 also lowers the burden on employees claiming equal pay violations by replacing the requirement that an employee prove that the jobs being performed require “equal skill, effort, and responsibility” with a “substantially similar” standard.

Illinois HB 2462 is one of a growing number of state and local jurisdictions to attempt to close the pay gap by restricting employers from obtaining salary history information or using that information to set salary. Delaware, Massachusetts, New York City, Oregon, PhiladelphiaPuerto Rico and San Francisco have passed similar laws, and a number of other jurisdictions, including California, North Carolina, and Pennsylvania, have proposed similar bills.

With no slowdown of this trend in sight, employers should review their employment application forms and hiring and pay practices and begin to educate recruiters and managers on how to comply with pay history prohibitions. Illinois employers also should review any confidentiality agreements that they may use to ensure the language of those agreements cannot be interpreted to prohibit an employee from discussing his or her wages.

Jackson Lewis P.C. © 2017

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About this Author

K. Joy Chin, Jackson Lewis, wage benefits lawyer, affirmative action attorney
Principal

Joy Chin is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining the firm in 1995, her practice has been devoted exclusively to employment law and related litigation and the firm’s regulatory practice.

Ms. Chin has litigated matters before local, state and federal administrative agencies and in state and federal courts. Ms. Chin is a frequent speaker on affirmative action and creating lawful diversity programs and spends much of her time counseling employers on issues relating to diversity,...

631-247-4613
Stephania C. Sanon, Labor and Employment Associate, Long Island, Jackson Lewis Law Firm
Associate

Stephania C. Sanon is an Associate in the Long Island, New York, office of Jackson Lewis P.C. Her practice is focused on representing employers in workplace law matters, including preventative advice and counsel.

She represents employers in a wide range of labor and employment law matters, including claims of discrimination and retaliation brought pursuant to Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, as well as state and local laws prohibiting discrimination.

Ms. Sanon also assists federal contractors in the preparation of affirmative action plans and defends federal contractors in connection with audits by the United States Department of Labor’s Office of Federal Contract Compliance Programs.

631-247-4664
Jeffrey L. Rudd, Jackson Lewis, Labor claims under Title VII, Lawyer, Discrimination Attorney
Principal

Jeffrey L. Rudd is a Principal in the Chicago, Illinois, office of Jackson Lewis P.C. His practice focuses on employment litigation.

Mr. Rudd has experience in cases involving claims brought under Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), Employment Retirement Income Security Act (ERISA), the Fair Labor Standards Act (FLSA), the Worker Adjustment and Retraining Notification Act (WARN), and various state statutes and common law doctrines relating to employment, including whistleblower...

312-803-2547