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Earlier this year, the Illinois 102nd General Assembly
introduced Senate Bill 56 (SB 56) and House Bill 559 (HB 559). Both bills
propose amendments to the Illinois Biometric Information Privacy Act (BIPA).
BIPA regulates how private entities collect, use and share
consumers and employees biometric data, as well as
imposes security requirements.
BIPA provides that [a]ny person aggrieved by a
violation has a right of action and imposes statutory
penalties of $1,000 for each negligent violation or actual damages,
$5,000 for each willful or reckless violation or actual damages,
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A recent Bill introduces new duties for employers in Illinois,
including in relation to job applicants criminal records,
reporting on gender, race and ethnicity and equal pay.
Executive summary
On 23 March 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 here. The changes include:
consideration of criminal histories under the Illinois Human
Rights Act;
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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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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)
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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