Rep. Sonya M. Harper
Filed: 5/5/2021
 
 


 




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1
AMENDMENT TO SENATE BILL 1847




2 AMENDMENT NO. ______. Amend Senate Bill 1847 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Freedom of Information Act is amended by 
5changing Section 7.5, as amended by Public Act 101-656, as 
6follows:

7 (5 ILCS 140/7.5)
8 Sec. 7.5. Statutory exemptions. To the extent provided for 
9by the statutes referenced below, the following shall be 
10exempt from inspection and copying:
11  (a) All information determined to be confidential 
12 under Section 4002 of the Technology Advancement and 
13 Development Act.
14  (b) Library circulation and order records identifying 
15 library users with specific materials under the Library 
16 Records Confidentiality Act.
 
 
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1  (c) Applications, related documents, and medical 
2 records received by the Experimental Organ Transplantation 
3 Procedures Board and any and all documents or other 
4 records prepared by the Experimental Organ Transplantation 
5 Procedures Board or its staff relating to applications it 
6 has received.
7  (d) Information and records held by the Department of 
8 Public Health and its authorized representatives relating 
9 to known or suspected cases of sexually transmissible 
10 disease or any information the disclosure of which is 
11 restricted under the Illinois Sexually Transmissible 
12 Disease Control Act.
13  (e) Information the disclosure of which is exempted 
14 under Section 30 of the Radon Industry Licensing Act.
15  (f) Firm performance evaluations under Section 55 of 
16 the Architectural, Engineering, and Land Surveying 
17 Qualifications Based Selection Act.
18  (g) Information the disclosure of which is restricted 
19 and exempted under Section 50 of the Illinois Prepaid 
20 Tuition Act.
21  (h) Information the disclosure of which is exempted 
22 under the State Officials and Employees Ethics Act, and 
23 records of any lawfully created State or local inspector 
24 general's office that would be exempt if created or 
25 obtained by an Executive Inspector General's office under 
26 that Act.
 
 
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1  (i) Information contained in a local emergency energy 
2 plan submitted to a municipality in accordance with a 
3 local emergency energy plan ordinance that is adopted 
4 under Section 11-21.5-5 of the Illinois Municipal Code.
5  (j) Information and data concerning the distribution 
6 of surcharge moneys collected and remitted by carriers 
7 under the Emergency Telephone System Act.
8  (k) Law enforcement officer identification information 
9 or driver identification information compiled by a law 
10 enforcement agency or the Department of Transportation 
11 under Section 11-212 of the Illinois Vehicle Code.
12  (l) Records and information provided to a residential 
13 health care facility resident sexual assault and death 
14 review team or the Executive Council under the Abuse 
15 Prevention Review Team Act.
16  (m) Information provided to the predatory lending 
17 database created pursuant to Article 3 of the Residential 
18 Real Property Disclosure Act, except to the extent 
19 authorized under that Article.
20  (n) Defense budgets and petitions for certification of 
21 compensation and expenses for court appointed trial 
22 counsel as provided under Sections 10 and 15 of the 
23 Capital Crimes Litigation Act. This subsection (n) shall 
24 apply until the conclusion of the trial of the case, even 
25 if the prosecution chooses not to pursue the death penalty 
26 prior to trial or sentencing.
 
 
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1  (o) Information that is prohibited from being 
2 disclosed under Section 4 of the Illinois Health and 
3 Hazardous Substances Registry Act.
4  (p) Security portions of system safety program plans, 
5 investigation reports, surveys, schedules, lists, data, or 
6 information compiled, collected, or prepared by or for the 
7 Regional Transportation Authority under Section 2.11 of 
8 the Regional Transportation Authority Act or the St. Clair 
9 County Transit District under the Bi-State Transit Safety 
10 Act. 
11  (q) Information prohibited from being disclosed by the 
12 Personnel Record Review Act. 
13  (r) Information prohibited from being disclosed by the 
14 Illinois School Student Records Act. 
15  (s) Information the disclosure of which is restricted 
16 under Section 5-108 of the Public Utilities Act. 

17  (t) All identified or deidentified health information 
18 in the form of health data or medical records contained 
19 in, stored in, submitted to, transferred by, or released 
20 from the Illinois Health Information Exchange, and 
21 identified or deidentified health information in the form 
22 of health data and medical records of the Illinois Health 
23 Information Exchange in the possession of the Illinois 
24 Health Information Exchange Office due to its 
25 administration of the Illinois Health Information 
26 Exchange. The terms "identified" and "deidentified" shall 
 
 
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1 be given the same meaning as in the Health Insurance 
2 Portability and Accountability Act of 1996, Public Law 
3 104-191, or any subsequent amendments thereto, and any 
4 regulations promulgated thereunder. 
5  (u) Records and information provided to an independent 
6 team of experts under the Developmental Disability and 
7 Mental Health Safety Act (also known as Brian's Law). 
8  (v) Names and information of people who have applied 
9 for or received Firearm Owner's Identification Cards under 
10 the Firearm Owners Identification Card Act or applied for 
11 or received a concealed carry license under the Firearm 
12 Concealed Carry Act, unless otherwise authorized by the 
13 Firearm Concealed Carry Act; and databases under the 
14 Firearm Concealed Carry Act, records of the Concealed 
15 Carry Licensing Review Board under the Firearm Concealed 
16 Carry Act, and law enforcement agency objections under the 
17 Firearm Concealed Carry Act. 
18  (w) Personally identifiable information which is 
19 exempted from disclosure under subsection (g) of Section 
20 19.1 of the Toll Highway Act.
21  (x) Information which is exempted from disclosure 
22 under Section 5-1014.3 of the Counties Code or Section 
23 8-11-21 of the Illinois Municipal Code. 
24  (y) Confidential information under the Adult 
25 Protective Services Act and its predecessor enabling 
26 statute, the Elder Abuse and Neglect Act, including 
 
 
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1 information about the identity and administrative finding 
2 against any caregiver of a verified and substantiated 
3 decision of abuse, neglect, or financial exploitation of 
4 an eligible adult maintained in the Registry established 
5 under Section 7.5 of the Adult Protective Services Act. 
6  (z) Records and information provided to a fatality 
7 review team or the Illinois Fatality Review Team Advisory 
8 Council under Section 15 of the Adult Protective Services 
9 Act. 
10  (aa) Information which is exempted from disclosure 
11 under Section 2.37 of the Wildlife Code. 
12  (bb) Information which is or was prohibited from 
13 disclosure by the Juvenile Court Act of 1987. 
14  (cc) Recordings made under the Law Enforcement 
15 Officer-Worn Body Camera Act, except to the extent 
16 authorized under that Act.
17  (dd) Information that is prohibited from being 
18 disclosed under Section 45 of the Condominium and Common 
19 Interest Community Ombudsperson Act. 
20  (ee) Information that is exempted from disclosure 
21 under Section 30.1 of the Pharmacy Practice Act. 
22  (ff) Information that is exempted from disclosure 
23 under the Revised Uniform Unclaimed Property Act. 
24  (gg) Information that is prohibited from being 
25 disclosed under Section 7-603.5 of the Illinois Vehicle 
26 Code. 
 
 
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1  (hh) Records that are exempt from disclosure under 
2 Section 1A-16.7 of the Election Code. 
3  (ii) Information which is exempted from disclosure 
4 under Section 2505-800 of the Department of Revenue Law of 
5 the Civil Administrative Code of Illinois. 
6  (jj) Information and reports that are required to be 
7 submitted to the Department of Labor by registering day 
8 and temporary labor service agencies but are exempt from 
9 disclosure under subsection (a-1) of Section 45 of the Day 
10 and Temporary Labor Services Act. 
11  (kk) Information prohibited from disclosure under the 
12 Seizure and Forfeiture Reporting Act. 
13  (ll) Information the disclosure of which is restricted 
14 and exempted under Section 5-30.8 of the Illinois Public 
15 Aid Code. 
16  (mm) Records that are exempt from disclosure under 
17 Section 4.2 of the Crime Victims Compensation Act. 
18  (nn) Information that is exempt from disclosure under 
19 Section 70 of the Higher Education Student Assistance Act. 
20  (oo) Communications, notes, records, and reports 
21 arising out of a peer support counseling session 
22 prohibited from disclosure under the First Responders 
23 Suicide Prevention Act. 
24  (pp) Names and all identifying information relating to 
25 an employee of an emergency services provider or law 
26 enforcement agency under the First Responders Suicide 
 
 
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1 Prevention Act. 
2  (qq) Information and records held by the Department of 
3 Public Health and its authorized representatives collected 
4 under the Reproductive Health Act. 
5  (rr) Information that is exempt from disclosure under 
6 the Cannabis Regulation and Tax Act. 
7  (ss) Data reported by an employer to the Department of 
8 Human Rights pursuant to Section 2-108 of the Illinois 
9 Human Rights Act.
10  (tt) Recordings made under the Children's Advocacy 
11 Center Act, except to the extent authorized under that 
12 Act. 
13  (uu) Information that is exempt from disclosure under 
14 Section 50 of the Sexual Assault Evidence Submission Act. 
15  (vv) Information that is exempt from disclosure under 
16 subsections (f) and (j) of Section 5-36 of the Illinois 
17 Public Aid Code. 
18  (ww) Information that is exempt from disclosure under 
19 Section 16.8 of the State Treasurer Act. 
20  (xx) Information that is exempt from disclosure or 
21 information that shall not be made public under the 
22 Illinois Insurance Code. 
23  (yy) Information prohibited from being disclosed under 
24 the Illinois Educational Labor Relations Act.
25  (zz) Information prohibited from being disclosed under 
26 the Illinois Public Labor Relations Act. 
 
 
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1  (aaa) Information prohibited from being disclosed 
2 under Section 1-167 of the Illinois Pension Code. 
3  (bbb) Information that is exempt from disclosure under 
4 subsection (k) of Section 11 of the Equal Pay Act of 2003. 
5(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
6100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
78-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, 
8eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; 
9100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. 
106-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, 
11eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; 
12101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. 
131-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, 
14eff. 7-7-20; 101-656, eff. 3-23-21.)

15 Section 10. The Equal Pay Act of 2003 is amended by 
16changing Sections 11 and 30 as follows:

17 (820 ILCS 112/11)
18 Sec. 11. Equal pay registration certificate requirements; 
19application. For the purposes of this Section 11 only, 
20"business" means any private employer who has more than 100 
21employees in the State of Illinois, and does not include the 
22State of Illinois or any political subdivision, municipal 
23corporation, or other governmental unit or agency. 
24 (a) A business must obtain an equal pay registration 
 
 
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1certificate from the Department or certify in writing that it 
2is exempt. 
3 (b) Any business subject to the requirements of this 
4Section that is authorized to transact business in this State 
5on March 23, 2021 shall submit an application to obtain an 
6equal pay registration certificate, between March 24, 2022 and 
7March 23, 2024, and must recertify every 2 years thereafter. 
8Any business subject to the requirements of this Section that 
9is authorized to transact business in this State after March 
1023, 2021 must submit an application to obtain an equal pay 
11registration certificate within 3 years of commencing business 
12operations, but not before January 1, 2024, and must recertify 
13every 2 years thereafter. The Department shall collect contact 
14information from each business subject to this Section. The 
15Department shall assign each business a date by which it must 
16submit an application to obtain an equal pay registration 
17certificate. The business shall recertify every 2 years at a 
18date to be determined by the Department. When a business 
19receives a notice from the Department to recertify for its 
20equal pay registration certificate, if the business has fewer 
21than 100 employees, the business must certify in writing to 
22the Department that it is exempt from this Section. Any new 
23business that is authorized to conduct business in this State, 
24after the effective date of this amendatory Act of the 102nd 
25General Assembly, shall submit its contact information to the 
26Department by January 1 of the following year and shall be 
 
 
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1assigned a date by which it must submit an application to 
2obtain an equal pay registration certificate. The Department's 
3failure to assign a business a registration date does not 
4exempt the business from compliance with this Section the 
5effective date of this amendatory Act of the 101st General 
6Assembly must obtain an equal pay registration certificate 
7within 3 years after the effective date of this amendatory Act 
8of the 101st General Assembly and must recertify every 2 years 
9thereafter. Any business subject to the requirements of this 
10Section that is authorized to transact business in this State 
11after the effective date of this amendatory Act of the 101st 
12General Assembly must obtain an equal pay registration 
13certificate within 3 years of commencing business operations 
14and must recertify every 2 years thereafter. 
15 (c) Application.
16  (1) A business shall apply for an equal pay 
17 registration certificate by paying a $150 filing fee and 
18 submitting wage records and an equal pay compliance 
19 statement to the Director as follows:
20   (A) Wage Records. Any business that is required to 
21 file an annual Employer Information Report EEO-1 with 
22 the Equal Employment Opportunity Commission must also 
23 submit to the Director a copy of the business' most 
24 recently filed Employer Information Report EEO-1. The 
25 business shall also compile a list of all employees 
26 during the past calendar year, separated by gender and 
 
 
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1 the race and ethnicity categories as reported in the 
2 business's most recently filed Employer Information 
3 Report EEO-1, and the county in which the employee 
4 works, the date the employee started working for the 
5 business, any other information the Department deems 
6 necessary to determine if pay equity exists among 
7 employees, and report the total wages as defined by 
8 Section 2 of the Illinois Wage Payment and Collection 
9 Act paid to each employee during the past calendar 
10 year, rounded to the nearest $100, to the Director. 
11   (B) Equal Pay Compliance Statement. The business 
12 must submit a statement signed by a corporate officer, 
13 legal counsel, or authorized agent of the business 
14 certifying: 
15    (i) that the business is in compliance with 
16 this Act and other relevant laws, including but 
17 not limited to: Title VII of the Civil Rights Act 
18 of 1964, the Equal Pay Act of 1963, the Illinois 
19 Human Rights Act, and the Equal Wage Act;
20    (ii) that the average compensation for its 
21 female and minority employees is not consistently 
22 below the average compensation, as determined by 
23 rule by the United States Department of Labor, for 
24 its male and non-minority employees within each of 
25 the major job categories in the Employer 
26 Information Report EEO-1 for which an employee is 
 
 
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1 expected to perform work, taking into account 
2 factors such as length of service, requirements of 
3 specific jobs, experience, skill, effort, 
4 responsibility, working conditions of the job, or 
5 other mitigating factors; as used in this 
6 subparagraph, "minority" has the meaning ascribed 
7 to that term in paragraph (1) of subsection (A) of 
8 Section 2 of the Business Enterprise for 
9 Minorities, Women, and Persons with Disabilities 
10 Act; 
11    (iii) that the business does not restrict 
12 employees of one sex to certain job 
13 classifications, and makes retention and promotion 
14 decisions without regard to sex; 
15    (iv) that wage and benefit disparities are 
16 corrected when identified to ensure compliance 
17 with the Acts cited in item (i); 
18    (v) how often wages and benefits are evaluated 
19 to ensure compliance with this and other relevant 
20 Acts; and
21    (vi) the approach the business takes in 
22 determining what level of wages and benefits to 
23 pay its employees, identifying a change in 
24 approach if varied by title or classification.
25   (C) Filing fee. The business shall pay to the 
26 Department a filing fee of $150. Proceeds an equal pay 
 
 
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1 compliance statement to the Director. Any business 
2 that is required to file an annual Employer 
3 Information Report EEO-1 with the Equal Employment 
4 Opportunity Commission must also submit to the 
5 Director a copy of the business's most recently filed 
6 Employer Information Report EEO-1 for each county in 
7 which the
business has a facility or employees. The 
8 business shall also compile, from
records maintained 
9 and available, a list of all employees during the past 
10 calendar
year, separated by gender and the race and 
11 ethnicity categories as reported in the
business's 
12 most recently filed Employer Information Report EEO-1, 
13 and report the
total wages as defined by Section 2 of 
14 the Illinois Wage Payment and Collection Act
paid to 
15 each employee during the past calendar year, rounded 
16 to the nearest hundred
dollar, to the Director. The 
17 proceeds from the fees collected under this Section 
18 shall be deposited into the Equal Pay Registration 
19 Fund, a special fund created in the State treasury. 
20 Moneys in the Fund shall be appropriated to the 
21 Department for the purposes of this Section. The 
22 Director shall issue an equal pay registration 
23 certificate to a business that submits to the Director 
24 a statement signed by a corporate officer, legal 
25 counsel, or authorized agent of the business: 
26  (2) Receipt of the equal pay compliance application 
 
 
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1 and statement by the Director does not establish 
2 compliance with the Acts set forth in item (i) of 
3 subparagraph (B) of paragraph (1) of this subsection (c).
4   (A) that the business is in compliance with Title 
5 VII of the Civil Rights Act of 1964, the Equal Pay Act 
6 of 1963, the Illinois Human Rights Act, the Equal Wage 
7 Act, and the Equal Pay Act of 2003; 
8   (B) that the average compensation for its female 
9 and minority employees is not consistently below the 
10 average compensation, as determined by rule by the 
11 United States Department of Labor, for its male and 
12 non-minority employees within each of the major job 
13 categories in the Employer Information Report EEO-1 
14 for which an employee is expected to perform work 
15 under the contract, taking into account factors such 
16 as length of service, requirements of specific jobs, 
17 experience, skill, effort, responsibility, working 
18 conditions of the job, or other mitigating factors; as 
19 used in this subparagraph, "minority" has the meaning 
20 ascribed to that term in paragraph (1) of subsection 
21 (A) of Section 2 of the Business Enterprise for 
22 Minorities, Women, and Persons with Disabilities Act;
23   (C) that the business does not restrict employees 
24 of one sex to certain job classifications and makes 
25 retention and promotion decisions without regard to 
26 sex;
 
 
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1   (D) that wage and benefit disparities are 
2 corrected when identified to ensure compliance with 
3 the Acts cited in subparagraph (A) and with 
4 subparagraph (B); and
5   (E) how often wages and benefits are evaluated to 
6 ensure compliance with the Acts cited in subparagraph 
7 (A) and with subparagraph (B). 
8  (2) The equal pay compliance statement shall also 
9 indicate whether the business, in setting compensation and 
10 benefits, utilizes: 
11   (A) a market pricing approach;
12   (B) State prevailing wage or union contract 
13 requirements;
14   (C) a performance pay system;
15   (D) an internal analysis; or
16   (E) an alternative approach to determine what 
17 level of wages and benefits to pay its employees. If 
18 the business uses an alternative approach, the 
19 business must provide a description of its approach. 
20  (3) Receipt of the equal pay compliance statement by 
21 the Director does not establish compliance with the Acts 
22 set forth in subparagraph (A). 
23  (3) A business that has employees in multiple 
24 locations or facilities in
Illinois shall submit a single 
25 application to the Department regarding all of its

26 operations in Illinois. 
 
 
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1 (d) Issuance or rejection of registration certificate. 
2After January 1, 2022, the Director must issue an equal pay 
3registration certificate, or a statement of why the 
4application was rejected, within 45 calendar days of receipt 
5of the application. Applicants shall have the opportunity to 
6cure any deficiencies in its application that led to the 
7rejection, and re-submit the revised application to the 
8Department within 15 calendar days of receiving a rejection. 
9Applicants shall have the ability to appeal rejected 
10applications. An application may be rejected only if it does 
11not comply with the requirements of subsection (c), or the 
12business is otherwise found to be in violation of this Act. The 
13receipt of an application by the Department, or the issuance 
14of a registration certificate by the Department, shall not 
15establish compliance with the Equal Pay Act of 2003 as to all 
16Sections except Section 11. The issuance of a registration 
17certificate shall not be a defense against any Equal Pay Act 
18violation found by the Department, nor a basis for mitigation 
19of damages. The Director must issue an equal pay registration 
20certificate, or a statement of why the application was 
21rejected, within 45 calendar days of receipt of the 
22application. An application may be rejected only if it does 
23not comply with the requirements of subsection (c). The 
24receipt of an application by the Department, or the issuance 
25of a registration certificate by the Department, shall not 
26establish compliance of the Equal Pay Act of 2003 as to all 
 
 
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1Sections except Section 11. The issuance of a registration 
2certificate shall not be a defense against any Equal Pay Act 
3violation found by the Department, nor a basis for mitigation 
4of damages. 
5 (e) Revocation of registration certificate. An equal pay 
6registration certificate for a business may be suspended or 
7revoked by the Director when the business fails to make a good 
8faith effort to comply with the Acts identified in item (i) of 
9subparagraph (B) of paragraph (1) of subsection (c), fails to 
10make a good faith effort to comply with this Section, or has 
11multiple violations of this Section or the Acts identified in 
12item (i) of subparagraph (B) of paragraph (1) of subsection 
13(c). Prior to suspending or revoking a registration 
14certificate, the Director must first have sought to conciliate 
15with the business regarding wages and benefits due to 
16employees. 
17 Consistent with Section 25, prior to or in connection with 
18the suspension or revocation of an equal pay registration 
19certificate, the Director, or his or her authorized 
20representative, may interview workers, administer oaths, take 
21or cause to be taken the depositions of witnesses, and require 
22by subpoena the attendance and testimony of witnesses, and the 
23production of all books, records, and other evidence relative 
24to the matter under investigation, hearing or a 
25department-initiated audit. subparagraph (A) of paragraph (1) 
26of subsection (c), fails to make a good faith effort to comply 
 
 
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1with this Section, or has multiple violations of this Section 
2or the Acts identified in subparagraph (A) of paragraph (1) of 
3subsection (c). Prior to suspending or revoking a registration 
4certificate, the Director must first have sought to conciliate 
5with the business regarding wages and benefits due to 
6employees. 
7 The Director, or his or her authorized representative, may 
8interview workers, administer oaths, take or cause to be taken 
9the depositions of witnesses, and require by subpoena the 
10attendance and testimony of witnesses, and the production of 
11all books, records, and other evidence relative to the matter 
12under investigation or hearing. Such subpoena shall be signed 
13and issued by the Director or his or her authorized 
14representative.
15 Upon request by the Director or his or her deputies or 
16agents, records shall be copied and submitted for evidence at 
17no cost to the Department. Every employer upon request shall 
18furnish to the Director or his or her authorized 
19representative, on demand, a sworn statement of the accuracy 
20of the records. Any employer who refuses to furnish a sworn 
21statement of the records is in violation of this Act.
22 In case of failure of any person to comply with any 
23subpoena lawfully issued under this Section or on the refusal 
24of any witness to produce evidence or to testify to any matter 
25regarding which he or she may be lawfully interrogated, it is 
26the duty of any circuit court, upon application of the 
 
 
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1Director or his or her authorized representative, to compel 
2obedience by proceedings for contempt, as in the case of 
3disobedience of the requirements of a subpoena issued by such 
4court or a refusal to testify therein. The Director may 
5certify to official acts.
6 Neither the Department nor the Director shall be held 
7liable for good faith errors in issuing, denying, suspending 
8or revoking certificates. 
9 (f) Administrative review. A business may obtain an 
10administrative hearing in accordance with the Illinois 
11Administrative Procedure Act before the suspension or 
12revocation of its certificate or imposition of civil penalties 
13as provided by subsection (i) is effective by filing a written 
14request for hearing within 20 calendar days after service of 
15notice by the Director.
16  (1) A business may obtain an administrative hearing in 
17 accordance with the Illinois Administrative Procedure Act 
18 before the suspension or revocation of its certificate is 
19 effective by filing a written request for hearing within 
20 20 calendar days after service of notice by the Director.
21  (2) A business may obtain an administrative hearing in 
22 accordance with the Illinois Administrative Procedure Act 
23 before the contract award entity's abridgement or 
24 termination of a contract is effective by filing a written 
25 request for a hearing 20 calendar days after service of 
26 notice by the contract award entity. 
 
 
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1 (g) Technical assistance. The Director must provide 
2technical assistance to any business that requests assistance 
3regarding this Section. 
4 (h) Audit. The Director may audit the business's 
5compliance with this Section. As part of an audit, upon 
6request, a business must provide the Director the following 
7information with respect to employees expected to perform work 
8under the contract in each of the major job categories in the 
9Employer Information Report EEO-1: 
10  (1) number of male employees;
11  (2) number of female employees;
12  (3) average annualized salaries paid to male employees 
13 and to female employees, in the manner most consistent 
14 with the employer's compensation system, within each major 
15 job category;
16  (4) information on performance payments, benefits, or 
17 other elements of compensation, in the manner most 
18 consistent with the employer's compensation system, if 
19 requested by the Director as part of a determination as to 
20 whether these elements of compensation are different for 
21 male and female employees;
22  (5) average length of service for male and female 
23 employees in each major job category; and
24  (6) other information identified by the business or by 
25 the Director, as needed, to determine compliance with 
26 items specified in paragraph (1) of subsection (c). 
 
 
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1 (h) (i) Access to data. 
2  (1) Any individually identifiable information 
3 submitted to the Director within or related to an equal 
4 pay registration application or otherwise provided by an 
5 employer in its equal pay compliance statement under 
6 subsection (c) shall be considered confidential 
7 information and not subject to disclosure pursuant to the 
8 Illinois Freedom of Information Act. As used in this 
9 Section, "individually identifiable information" means 
10 data submitted pursuant to this Section that is associated 
11 with a specific person or business. Aggregate data or 
12 reports that are reasonably calculated to prevent the 
13 association of any data with any individual business or 
14 person are not confidential information. Aggregate data 
15 shall include the job category and the average hourly wage 
16 by county for each gender, race, and ethnicity category on 
17 the registration certificate applications. The Department 
18 of Labor may compile aggregate data from registration 
19 certificate applications.
20  (2) The Director's decision to issue, not issue, 
21 revoke, or suspend an equal pay registration certificate 
22 is public information.
23  (3) Notwithstanding this subsection (h), a current 
24 employee of a covered business may request data regarding 
25 their job classification or title and the pay for that 
26 classification.
 
 
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1  (4) Notwithstanding this subsection (h), the 
2 Department may share data and identifiable information 
3 with the Department of Human Rights, pursuant to its 
4 enforcement of Article 2 of the Illinois Human Rights Act, 
5 or the Office of the Attorney General, pursuant to its 
6 enforcement of Section 10-104 of the Illinois Human Rights 
7 Act. 
8 Data submitted to the Director related to equal pay 
9registration certificates or otherwise provided by an employer 
10in its equal pay compliance statement under subsection (c) are 
11private data on individuals or nonpublic data with respect to 
12persons other than Department employees. The Director's 
13decision to issue, not issue, revoke, or suspend an equal pay 
14registration certificate is public data. 
15 (i) (j) Penalty. The Department shall impose on any 
16business that does not obtain an equal pay registration 
17certificate as required under this Section, or whose equal pay 
18registration certificate is suspended or revoked after a 
19Department investigation, a civil penalty in an amount equal 
20to 1% of the business's gross profits. Falsification or 
21misrepresentation of information on an application submitted 
22to the Department shall constitute a violation of this Act and 
23the Department may seek to suspend or revoke an equal pay 
24registration certificate or impose civil penalties as provided 
25under subsection (c) of Section 30. 
26 (k) Whistleblower protection. As used in this subsection, 
 
 
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1"retaliatory action" means the reprimand, discharge, 
2suspension, demotion, denial of promotion or transfer, or 
3change in the terms and conditions of employment of any 
4employee of a business that is taken in retaliation for the 
5employee's involvement in a protected activity.
6  (1) A business shall not take any retaliatory action 
7 against an employee of the business because the employee 
8 does any of the following: 
9   (A) Discloses or threatens to disclose to a 
10 supervisor or to a public body an activity, inaction, 
11 policy, or practice implemented by a business that the 
12 employee reasonably believes is in violation of a law, 
13 rule, or regulation. 
14   (B) Provides information to or testifies before 
15 any public body conducting an investigation, hearing, 
16 or inquiry into any violation of a law, rule, or 
17 regulation by a nursing home administrator. 
18   (C) Assists or participates in a proceeding to 
19 enforce the provisions of this Act. 
20  (2) A violation of this subsection (k) may be 
21 established only upon a finding that (i) the employee of 
22 the business engaged in conduct described in paragraph (1) 
23 of this subsection and (ii) this conduct was a 
24 contributing factor in the retaliatory action alleged by 
25 the employee. There is no violation of this Section, 
26 however, if the business demonstrates by clear and 
 
 
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1 convincing evidence that it would have taken the same 
2 unfavorable personnel action in the absence of that 
3 conduct. 
4  (3) The employee of the business may be awarded all 
5 remedies necessary to make the employee whole and to 
6 prevent future violations of this Section. Remedies 
7 imposed by the court may include, but are not limited to, 
8 all of the following: 
9   (A) Reinstatement of the employee to either the 
10 same position held before the retaliatory action or to 
11 an equivalent position. 
12   (B) Two times the amount of back pay. 
13   (C) Interest on the back pay. 
14   (D) Reinstatement of full fringe benefits and 
15 seniority rights. 
16   (E) Payment of reasonable costs and attorney's 
17 fees. 
18  (4) Nothing in this Section shall be deemed to 
19 diminish the rights, privileges, or remedies of an 
20 employee of a business under any other federal or State 
21 law, rule, or regulation or under any employment contract. 

22(Source: P.A. 101-656, eff. 3-23-21.)



23 (820 ILCS 112/30)



24 Sec. 30. Violations; fines and penalties. 

25 (a) If an employee is paid by his or her employer less than 
 
 
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1the wage to
which he or
she is entitled in
violation of Section 
210 or 11 of this Act, the employee may recover in a civil 
3action
the entire amount of any
underpayment together with 
4interest, compensatory damages if the employee demonstrates 
5that the employer acted with malice or reckless indifference, 
6punitive damages as may be appropriate, injunctive relief as 
7may be appropriate, and the costs and reasonable attorney's

8fees as may be
allowed by the
court and as necessary to make 
9the employee whole. At the request of the
employee or on a 
10motion of the Director,
the Department may
make an assignment 
11of the wage claim in trust for the assigning employee and
may 
12bring any
legal action necessary to collect the claim, and the 
13employer shall be required
to pay the costs
incurred in 
14collecting the claim. Every such action shall be brought 
15within 5
years from the date
of the underpayment. For purposes 
16of this Act, "date of the underpayment" means each time wages 
17are underpaid.

18 (a-5) If an employer violates subsection (b), (b-5), 
19(b-10), or (b-20) of Section 10, the employee may recover in a 
20civil action any damages incurred, special damages not to 
21exceed $10,000, injunctive relief as may be appropriate, and 
22costs and reasonable attorney's fees as may be allowed by the 
23court and as necessary to make the employee whole. If special 
24damages are available, an employee may recover compensatory 
25damages only to the extent such damages exceed the amount of 
26special damages. Such action shall be brought within 5 years 
 
 
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1from the date of the violation. 
2 (b) The Director is authorized to supervise the payment of 
3the unpaid wages under subsection (a) or damages under 
4subsection (b), (b-5), (b-10), or (b-20) of Section 10
owing 
5to any
employee or employees under this Act and may bring any 
6legal action necessary
to recover the
amount of unpaid wages, 
7damages, and penalties or to seek injunctive relief, and the 
8employer shall be required to pay
the costs. Any
sums 
9recovered by the Director on behalf of an employee under this

10Section shall be
paid to the employee or employees affected.

11 (c) Employers who violate any provision of this Act or any 
12rule
adopted under the Act are subject to a civil penalty for 
13each employee affected as follows: 
14  (1) An employer with fewer than 4 employees: first 
15 offense, a fine not to exceed $500; second offense, a fine 
16 not to exceed $2,500; third or subsequent offense, a fine 
17 not to exceed $5,000.
18  (2) An employer with between 4 and 99 4 or more 
19 employees: first offense, a fine not to exceed $2,500; 
20 second offense, a fine not to exceed $3,000; third or 
21 subsequent offense, a fine not to exceed $5,000.
22  (3) An employer with 100 or more employees who 
23 violates any Section of this Act except for Section 11 
24 shall be fined up to $10,000 per employee affected. An 
25 employer with 100 or more employees that is a business as 
26 defined under Section 11 and commits a violation of 
 
 
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1 Section 11 shall be fined up to $10,000. 
2 An employer or person who violates subsection (b), (b-5), 
3(b-10), (b-20), or (c) of Section 10 is subject to a civil 
4penalty not to exceed $5,000 for each violation for each 
5employee affected.
6 (d) In determining the amount of the penalty, the

7appropriateness of the
penalty to the size of the business of 
8the employer charged and the gravity of
the violation shall
be 
9considered. The penalty may be recovered in a civil action 
10brought by the
Director in
any circuit court.

11(Source: P.A. 101-177, eff. 9-29-19.)



12 Section 99. Effective date. This Act takes effect upon 
13becoming law.".