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Under the newly enacted Section 11 of the Equal Pay Act, any private employer with more than 100 employees in Illinois must obtain an “equal pay registration certificate” from the Illinois Department of Labor. Employers must obtain this certificate within three years of the amendment’s effective date
i.e., by March 23, 2024 and then every two years thereafter.
To apply for this certificate, the employer must submit a $150 filing fee, the employer’s most recent EEO-1 report, and a report of all employees from the past calendar year “separated by gender and the race and ethnicity categories as reported in the business’s most recently filed Employer Information Report EEO-1, and report the total wages . . . paid to each employee during the past calendar year.”
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Under amendments to the Illinois Business Corporation Act and the Illinois Equal Pay Act, certain corporations will be required, beginning in 2023 and continuing thereafter, to report data concerning the gender, race, and ethnicity makeup of their workforces, along with information about their compensation practices and efforts to comply with equal pay laws. Much of this information will become public, and failure to report the necessary information can lead to significant penalties.
EEO Data Reporting
Illinois domestic corporations and foreign corporations authorized to do business in Illinois are already required by the Illinois Business Corporation Act to file certain annual reports with the Secretary of State. Beginning with the corporation’s annual report filed on and after January 1, 2023, any such corporations which are also required to file an Employer Information Report EEO-1 with the Equal Employment Oppo
Recent Change to Illinois Law Will Significantly Impact Employers; States CriminalBackgroundRecords.com
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On March 23, 2021 the Governor of Illinois signed into law new legislation that will immediately and significantly impact an employers’ ability to review criminal convictions during the pre-employment background screening, thereby creating an immediate call to action for all hiring managers and HR departments to review existing hiring policy. Adam Almeida, President and CEO of CriminalBackgroundRecords.com states: “The scope and immediacy of SB 1480 suggests that hiring managers and HR departments should immediately review all pre-employment background screening policies; subsequent best practice remains to work with a well-qualified third-part screening agency, such as CriminalBackgroundRecords.com to remain complaint with law.”
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Executive Summary: On March 23, 2021, Governor J.B. Pritzker signed into law Illinois Senate Bill 1480 which amends the Illinois Human Rights Act, the Illinois Equal Pay Act of 2003, and the Illinois Business Corporation Act, and imposes new obligations on employers. The amendments are available at: https://www.ilga.gov/legislation/publicacts/101/101-0656.htm. The changes include:
Consideration of Criminal Histories under Illinois Human Rights Act
Amendments to Illinois Business Corporations Act regarding employee demographics
New Equal Pay Requirements (including whistleblower protection for reporting violations of the new requirements)
Illinois Human Rights Act Amendment −
Thursday, April 1, 2021
In response to public demands for greater equity and inclusion in the workplace, on March 23, 2021, Governor J.B. Pritzker approved extensive changes to the Illinois Humans Rights Act, the Illinois Equal Pay Act and the Business Corporation Act. The measures place new limits on employers’ use of conviction records when making employment decisions. They also require larger employers to obtain an “equal pay registration certificate” and submit diversity data to the State for publication. Illinois employers must act quickly to comply with the new conviction record requirements, and larger employers should begin preparing now for the new reporting requirements. Below are some key takeaways for employers regarding these sweeping new measures.