Illinois 2023-2024 Regular Session

Illinois House Bill HB3129 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0539
2	1		HB3129 EnrolledLRB103 30957 SPS 57530 b HB3129 Enrolled LRB103 30957 SPS 57530 b
3	2		HB3129 Enrolled LRB103 30957 SPS 57530 b
4		-	AN ACT concerning employment.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Equal Pay Act of 2003 is amended by changing
8		-	Sections 5, 10, 15, 20, and 30 as follows:
9		-	(820 ILCS 112/5)
10		-	Sec. 5. Definitions. As used in this Act:
11		-	"Director" means the Director of Labor.
12		-	"Department" means the Department of Labor.
13		-	"Employee" means any individual permitted to work by an
14		-	employer.
15		-	"Employer" means an individual, partnership, corporation,
16		-	association, business, trust, person, or entity for whom
17		-	employees are gainfully employed in Illinois and includes the
18		-	State of Illinois, any state officer, department, or agency,
19		-	any unit of local government, and any school district.
20		-	"Pay scale and benefits" means the wage or salary, or the
21		-	wage or salary range, and a general description of the
22		-	benefits and other compensation, including, but not limited
23		-	to, bonuses, stock options, or other incentives the employer
24		-	reasonably expects in good faith to offer for the position,
25		-	set by reference to any applicable pay scale, the previously
26		-	determined range for the position, the actual range of others
	3	+	1 AN ACT concerning employment.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Equal Pay Act of 2003 is amended by changing
	7	+	5 Sections 5, 10, 15, 20, and 30 as follows:
	8	+	6 (820 ILCS 112/5)
	9	+	7 Sec. 5. Definitions. As used in this Act:
	10	+	8 "Director" means the Director of Labor.
	11	+	9 "Department" means the Department of Labor.
	12	+	10 "Employee" means any individual permitted to work by an
	13	+	11 employer.
	14	+	12 "Employer" means an individual, partnership, corporation,
	15	+	13 association, business, trust, person, or entity for whom
	16	+	14 employees are gainfully employed in Illinois and includes the
	17	+	15 State of Illinois, any state officer, department, or agency,
	18	+	16 any unit of local government, and any school district.
	19	+	17 "Pay scale and benefits" means the wage or salary, or the
	20	+	18 wage or salary range, and a general description of the
	21	+	19 benefits and other compensation, including, but not limited
	22	+	20 to, bonuses, stock options, or other incentives the employer
	23	+	21 reasonably expects in good faith to offer for the position,
	24	+	22 set by reference to any applicable pay scale, the previously
	25	+	23 determined range for the position, the actual range of others
27	26
28	27
29	28
30	29		HB3129 Enrolled LRB103 30957 SPS 57530 b
31	30
32	31
33		-	currently holding equivalent positions, or the budgeted amount
34		-	for the position, as applicable.
35		-	(Source: P.A. 99-418, eff. 1-1-16.)
36		-	(820 ILCS 112/10)
37		-	Sec. 10. Prohibited acts.
38		-	(a) No employer may discriminate between employees on the
39		-	basis of sex by paying wages to an employee at a rate less than
40		-	the rate at which the employer pays wages to another employee
41		-	of the opposite sex for the same or substantially similar work
42		-	on jobs the performance of which requires substantially
43		-	similar skill, effort, and responsibility, and which are
44		-	performed under similar working conditions, except where the
45		-	payment is made under:
46		-	(1) a seniority system;
47		-	(2) a merit system;
48		-	(3) a system that measures earnings by quantity or
49		-	quality of production; or
50		-	(4) a differential based on any other factor other
51		-	than: (i) sex or (ii) a factor that would constitute
52		-	unlawful discrimination under the Illinois Human Rights
53		-	Act, provided that the factor:
54		-	(A) is not based on or derived from a differential
55		-	in compensation based on sex or another protected
56		-	characteristic;
57		-	(B) is job-related with respect to the position
	32	+	HB3129 Enrolled- 2 -LRB103 30957 SPS 57530 b HB3129 Enrolled - 2 - LRB103 30957 SPS 57530 b
	33	+	HB3129 Enrolled - 2 - LRB103 30957 SPS 57530 b
	34	+	1 currently holding equivalent positions, or the budgeted amount
	35	+	2 for the position, as applicable.
	36	+	3 (Source: P.A. 99-418, eff. 1-1-16.)
	37	+	4 (820 ILCS 112/10)
	38	+	5 Sec. 10. Prohibited acts.
	39	+	6 (a) No employer may discriminate between employees on the
	40	+	7 basis of sex by paying wages to an employee at a rate less than
	41	+	8 the rate at which the employer pays wages to another employee
	42	+	9 of the opposite sex for the same or substantially similar work
	43	+	10 on jobs the performance of which requires substantially
	44	+	11 similar skill, effort, and responsibility, and which are
	45	+	12 performed under similar working conditions, except where the
	46	+	13 payment is made under:
	47	+	14 (1) a seniority system;
	48	+	15 (2) a merit system;
	49	+	16 (3) a system that measures earnings by quantity or
	50	+	17 quality of production; or
	51	+	18 (4) a differential based on any other factor other
	52	+	19 than: (i) sex or (ii) a factor that would constitute
	53	+	20 unlawful discrimination under the Illinois Human Rights
	54	+	21 Act, provided that the factor:
	55	+	22 (A) is not based on or derived from a differential
	56	+	23 in compensation based on sex or another protected
	57	+	24 characteristic;
	58	+	25 (B) is job-related with respect to the position
58	59
59	60
60		-	and consistent with a business necessity; and
61		-	(C) accounts for the differential.
62		-	No employer may discriminate between employees by paying
63		-	wages to an African-American employee at a rate less than the
64		-	rate at which the employer pays wages to another employee who
65		-	is not African-American for the same or substantially similar
66		-	work on jobs the performance of which requires substantially
67		-	similar skill, effort, and responsibility, and which are
68		-	performed under similar working conditions, except where the
69		-	payment is made under:
70		-	(1) a seniority system;
71		-	(2) a merit system;
72		-	(3) a system that measures earnings by quantity or
73		-	quality of production; or
74		-	(4) a differential based on any other factor other
75		-	than: (i) race or (ii) a factor that would constitute
76		-	unlawful discrimination under the Illinois Human Rights
77		-	Act, provided that the factor:
78		-	(A) is not based on or derived from a differential
79		-	in compensation based on race or another protected
80		-	characteristic;
81		-	(B) is job-related with respect to the position
82		-	and consistent with a business necessity; and
83		-	(C) accounts for the differential.
84		-	An employer who is paying wages in violation of this Act
85		-	may not, to comply with this Act, reduce the wages of any other
86	61
87	62
88		-	employee.
89		-	Nothing in this Act may be construed to require an
90		-	employer to pay, to any employee at a workplace in a particular
91		-	county, wages that are equal to the wages paid by that employer
92		-	at a workplace in another county to employees in jobs the
93		-	performance of which requires equal skill, effort, and
94		-	responsibility, and which are performed under similar working
95		-	conditions.
96		-	(b) It is unlawful for any employer to interfere with,
97		-	restrain, or deny the exercise of or the attempt to exercise
98		-	any right provided under this Act. It is unlawful for any
99		-	employer to discharge or in any other manner discriminate
100		-	against any individual for inquiring about, disclosing,
101		-	comparing, or otherwise discussing the employee's wages or the
102		-	wages of any other employee, or aiding or encouraging any
103		-	person to exercise his or her rights under this Act. It is
104		-	unlawful for an employer to require an employee to sign a
105		-	contract or waiver that would prohibit the employee from
106		-	disclosing or discussing information about the employee's
107		-	wages, salary, benefits, or other compensation. An employer
108		-	may, however, prohibit a human resources employee, a
109		-	supervisor, or any other employee whose job responsibilities
110		-	require or allow access to other employees' wage or salary
111		-	information from disclosing that information without prior
112		-	written consent from the employee whose information is sought
113		-	or requested.
	63	+
	64	+	HB3129 Enrolled - 2 - LRB103 30957 SPS 57530 b
114	65
115	66
116		-	(b-5) It is unlawful for an employer or employment agency,
117		-	or employee or agent thereof, to (1) screen job applicants
118		-	based on their current or prior wages or salary histories,
119		-	including benefits or other compensation, by requiring that
120		-	the wage or salary history of an applicant satisfy minimum or
121		-	maximum criteria, (2) request or require a wage or salary
122		-	history as a condition of being considered for employment, as
123		-	a condition of being interviewed, as a condition of continuing
124		-	to be considered for an offer of employment, as a condition of
125		-	an offer of employment or an offer of compensation, or (3)
126		-	request or require that an applicant disclose wage or salary
127		-	history as a condition of employment.
128		-	(b-10) It is unlawful for an employer to seek the wage or
129		-	salary history, including benefits or other compensation, of a
130		-	job applicant from any current or former employer. This
131		-	subsection (b-10) does not apply if:
132		-	(1) the job applicant's wage or salary history is a
133		-	matter of public record under the Freedom of Information
134		-	Act, or any other equivalent State or federal law, or is
135		-	contained in a document completed by the job applicant's
136		-	current or former employer and then made available to the
137		-	public by the employer, or submitted or posted by the
138		-	employer to comply with State or federal law; or
139		-	(2) the job applicant is a current employee and is
140		-	applying for a position with the same current employer.
141		-	(b-15) Nothing in subsections (b-5) and (b-10) shall be
	67	+	HB3129 Enrolled- 3 -LRB103 30957 SPS 57530 b HB3129 Enrolled - 3 - LRB103 30957 SPS 57530 b
	68	+	HB3129 Enrolled - 3 - LRB103 30957 SPS 57530 b
	69	+	1 and consistent with a business necessity; and
	70	+	2 (C) accounts for the differential.
	71	+	3 No employer may discriminate between employees by paying
	72	+	4 wages to an African-American employee at a rate less than the
	73	+	5 rate at which the employer pays wages to another employee who
	74	+	6 is not African-American for the same or substantially similar
	75	+	7 work on jobs the performance of which requires substantially
	76	+	8 similar skill, effort, and responsibility, and which are
	77	+	9 performed under similar working conditions, except where the
	78	+	10 payment is made under:
	79	+	11 (1) a seniority system;
	80	+	12 (2) a merit system;
	81	+	13 (3) a system that measures earnings by quantity or
	82	+	14 quality of production; or
	83	+	15 (4) a differential based on any other factor other
	84	+	16 than: (i) race or (ii) a factor that would constitute
	85	+	17 unlawful discrimination under the Illinois Human Rights
	86	+	18 Act, provided that the factor:
	87	+	19 (A) is not based on or derived from a differential
	88	+	20 in compensation based on race or another protected
	89	+	21 characteristic;
	90	+	22 (B) is job-related with respect to the position
	91	+	23 and consistent with a business necessity; and
	92	+	24 (C) accounts for the differential.
	93	+	25 An employer who is paying wages in violation of this Act
	94	+	26 may not, to comply with this Act, reduce the wages of any other
142	95
143	96
144		-	construed to prevent an employer or employment agency, or an
145		-	employee or agent thereof, from:
146		-	(1) providing information about the wages, benefits,
147		-	compensation, or salary offered in relation to a position;
148		-	or
149		-	(2) engaging in discussions with an applicant for
150		-	employment about the applicant's expectations with respect
151		-	to wage or salary, benefits, and other compensation,
152		-	including unvested equity or deferred compensation that
153		-	the applicant would forfeit or have canceled by virtue of
154		-	the applicant's resignation from the applicant's current
155		-	employer. If, during such discussion, the applicant
156		-	voluntarily and without prompting discloses that the
157		-	applicant would forfeit or have canceled by virtue of the
158		-	applicant's resignation from the applicant's current
159		-	employer unvested equity or deferred compensation, an
160		-	employer may request the applicant to verify the aggregate
161		-	amount of such compensation by submitting a letter or
162		-	document stating the aggregate amount of the unvested
163		-	equity or deferred compensation from, at the applicant's
164		-	choice, one of the following: (1) the applicant's current
165		-	employer or (2) the business entity that administers the
166		-	funds that constitute the unvested equity or deferred
167		-	compensation.
168		-	(b-20) An employer is not in violation of subsections
169		-	(b-5) and (b-10) when a job applicant voluntarily and without
170	97
171	98
172		-	prompting discloses his or her current or prior wage or salary
173		-	history, including benefits or other compensation, on the
174		-	condition that the employer does not consider or rely on the
175		-	voluntary disclosures as a factor in determining whether to
176		-	offer a job applicant employment, in making an offer of
177		-	compensation, or in determining future wages, salary,
178		-	benefits, or other compensation.
179		-	(b-25) It is unlawful for an employer with 15 or more
180		-	employees to fail to include the pay scale and benefits for a
181		-	position in any specific job posting. The inclusion of a
182		-	hyperlink to a publicly viewable webpage that includes the pay
183		-	scale and benefits satisfies the requirements for inclusion
184		-	under this subsection. If an employer engages a third party to
185		-	announce, post, publish, or otherwise make known a job
186		-	posting, the employer shall provide the pay scale and
187		-	benefits, or a hyperlink to the pay scale and benefits, to the
188		-	third party and the third party shall include the pay scale and
189		-	benefits, or a hyperlink to the pay scale and benefits, in the
190		-	job posting. The third party is liable for failure to include
191		-	the pay scale and benefits in the job posting, unless the third
192		-	party can show that the employer did not provide the necessary
193		-	information regarding pay scale and benefits. An employer
194		-	shall announce, post, or otherwise make known all
195		-	opportunities for promotion to all current employees no later
196		-	than 14 calendar days after the employer makes an external job
197		-	posting for the position, except for positions in the State of
	99	+
	100	+	HB3129 Enrolled - 3 - LRB103 30957 SPS 57530 b
198	101
199	102
200		-	Illinois workforce designated as exempt from competitive
201		-	selection. Nothing in this subsection requires an employer to
202		-	make a job posting. Posting of a relevant and up to date
203		-	general benefits description in an easily accessible, central,
204		-	and public location on an employer's website and referring to
205		-	this posting in the job posting shall be deemed to satisfy the
206		-	benefits posting requirement under this subsection. This
207		-	subsection only applies to positions that (i) will be
208		-	physically performed, at least in part, in Illinois or (ii)
209		-	will be physically performed outside of Illinois, but the
210		-	employee reports to a supervisor, office, or other work site
211		-	in Illinois. Nothing in this subsection prohibits an employer
212		-	or employment agency from asking an applicant about his or her
213		-	wage or salary expectations for the position the applicant is
214		-	applying for. An employer or employment agency shall disclose
215		-	to an applicant for employment the pay scale and benefits to be
216		-	offered for the position prior to any offer or discussion of
217		-	compensation and at the applicant's request, if a public or
218		-	internal posting for the job, promotion, transfer, or other
219		-	employment opportunity has not been made available to the
220		-	applicant. This subsection shall only apply to job postings
221		-	that have been posted after the effective date of this
222		-	amendatory Act of the 103rd General Assembly.
223		-	(b-30) An employer or an employment agency shall not
224		-	refuse to interview, hire, promote, or employ, and shall not
225		-	otherwise retaliate against, an applicant for employment or an
	103	+	HB3129 Enrolled- 4 -LRB103 30957 SPS 57530 b HB3129 Enrolled - 4 - LRB103 30957 SPS 57530 b
	104	+	HB3129 Enrolled - 4 - LRB103 30957 SPS 57530 b
	105	+	1 employee.
	106	+	2 Nothing in this Act may be construed to require an
	107	+	3 employer to pay, to any employee at a workplace in a particular
	108	+	4 county, wages that are equal to the wages paid by that employer
	109	+	5 at a workplace in another county to employees in jobs the
	110	+	6 performance of which requires equal skill, effort, and
	111	+	7 responsibility, and which are performed under similar working
	112	+	8 conditions.
	113	+	9 (b) It is unlawful for any employer to interfere with,
	114	+	10 restrain, or deny the exercise of or the attempt to exercise
	115	+	11 any right provided under this Act. It is unlawful for any
	116	+	12 employer to discharge or in any other manner discriminate
	117	+	13 against any individual for inquiring about, disclosing,
	118	+	14 comparing, or otherwise discussing the employee's wages or the
	119	+	15 wages of any other employee, or aiding or encouraging any
	120	+	16 person to exercise his or her rights under this Act. It is
	121	+	17 unlawful for an employer to require an employee to sign a
	122	+	18 contract or waiver that would prohibit the employee from
	123	+	19 disclosing or discussing information about the employee's
	124	+	20 wages, salary, benefits, or other compensation. An employer
	125	+	21 may, however, prohibit a human resources employee, a
	126	+	22 supervisor, or any other employee whose job responsibilities
	127	+	23 require or allow access to other employees' wage or salary
	128	+	24 information from disclosing that information without prior
	129	+	25 written consent from the employee whose information is sought
	130	+	26 or requested.
226	131
227	132
228		-	employee for exercising any rights under subsection (b-25).
229		-	(c) It is unlawful for any person to discharge or in any
230		-	other manner discriminate against any individual because the
231		-	individual:
232		-	(1) has filed any charge or has instituted or caused
233		-	to be instituted any proceeding under or related to this
234		-	Act;
235		-	(2) has given, or is about to give, any information in
236		-	connection with any inquiry or proceeding relating to any
237		-	right provided under this Act;
238		-	(3) has testified, or is about to testify, in any
239		-	inquiry or proceeding relating to any right provided under
240		-	this Act; or
241		-	(4) fails to comply with any wage or salary history
242		-	inquiry.
243		-	(Source: P.A. 101-177, eff. 9-29-19; 102-277, eff. 1-1-22.)
244		-	(820 ILCS 112/15)
245		-	Sec. 15. Enforcement.
246		-	(a) The Director or his or her authorized representative
247		-	shall administer and enforce the provisions of this Act. The
248		-	Director of Labor shall adopt rules necessary to administer
249		-	and enforce this Act.
250		-	(b) An employee, or former employee , or, for the purposes
251		-	of a violation of subsection (b-25) of Section 10, any person
252		-	that claims to be aggrieved by a violation of that subsection,
253	133
254	134
255		-	may file a complaint with the Department alleging a violation
256		-	of this Act by submitting a signed, completed complaint form.
257		-	All complaints shall be filed with the Department within one
258		-	year from the date of the relevant violation underpayment.
259		-	(c) The Department has the power to conduct investigations
260		-	in connection with the administration and enforcement of this
261		-	Act and the authorized officers and employees of the
262		-	Department are authorized to investigate and gather data
263		-	regarding the wages, hours, and other conditions and practices
264		-	of employment in any industry subject to this Act, and may
265		-	enter and inspect such places and such records at reasonable
266		-	times during regular business hours, question the employees
267		-	and investigate the facts, conditions, practices, or matters
268		-	as he or she may deem necessary or appropriate to determine
269		-	whether any person has violated any provision of this Act, or
270		-	which may aid in the enforcement of this Act.
271		-	(d) The Department may refer a complaint alleging a
272		-	violation of this Act to the Department of Human Rights for
273		-	investigation if the subject matter of the complaint also
274		-	alleges a violation of the Illinois Human Rights Act and the
275		-	Department of Human Rights has jurisdiction over the matter.
276		-	When a complaint is referred to the Department of Human Rights
277		-	under this subsection, the Department of Human Rights shall
278		-	also file the complaint under the Illinois Human Rights Act
279		-	and be the agency responsible for investigating the complaint.
280		-	The Department shall review the Department of Human Rights'
	135	+
	136	+	HB3129 Enrolled - 4 - LRB103 30957 SPS 57530 b
281	137
282	138
283		-	investigation and findings to determine whether a violation of
284		-	this Act has occurred or whether further investigation by the
285		-	Department is necessary and take any necessary or appropriate
286		-	action required to enforce the provisions of this Act. The
287		-	Director of Labor and the Department of Human Rights shall
288		-	adopt joint rules necessary to administer and enforce this
289		-	subsection.
290		-	(Source: P.A. 98-1051, eff. 1-1-15.)
291		-	(820 ILCS 112/20)
292		-	Sec. 20. Recordkeeping requirements. An employer subject
293		-	to any provision of this Act shall make and preserve records
294		-	that document the name, address, and occupation of each
295		-	employee, the wages paid to each employee, the pay scale and
296		-	benefits for each position, the job posting for each position,
297		-	and any other information the Director may by rule deem
298		-	necessary and appropriate for enforcement of this Act. An
299		-	employer subject to any provision of this Act shall preserve
300		-	those records for a period of not less than 5 years and shall
301		-	make reports from the records as prescribed by rule or order of
302		-	the Director, unless the records relate to an ongoing
303		-	investigation or enforcement action under this Act, in which
304		-	case the records must be maintained until their destruction is
305		-	authorized by the Department or by court order.
306		-	(Source: P.A. 96-467, eff. 8-14-09.)
	139	+	HB3129 Enrolled- 5 -LRB103 30957 SPS 57530 b HB3129 Enrolled - 5 - LRB103 30957 SPS 57530 b
	140	+	HB3129 Enrolled - 5 - LRB103 30957 SPS 57530 b
	141	+	1 (b-5) It is unlawful for an employer or employment agency,
	142	+	2 or employee or agent thereof, to (1) screen job applicants
	143	+	3 based on their current or prior wages or salary histories,
	144	+	4 including benefits or other compensation, by requiring that
	145	+	5 the wage or salary history of an applicant satisfy minimum or
	146	+	6 maximum criteria, (2) request or require a wage or salary
	147	+	7 history as a condition of being considered for employment, as
	148	+	8 a condition of being interviewed, as a condition of continuing
	149	+	9 to be considered for an offer of employment, as a condition of
	150	+	10 an offer of employment or an offer of compensation, or (3)
	151	+	11 request or require that an applicant disclose wage or salary
	152	+	12 history as a condition of employment.
	153	+	13 (b-10) It is unlawful for an employer to seek the wage or
	154	+	14 salary history, including benefits or other compensation, of a
	155	+	15 job applicant from any current or former employer. This
	156	+	16 subsection (b-10) does not apply if:
	157	+	17 (1) the job applicant's wage or salary history is a
	158	+	18 matter of public record under the Freedom of Information
	159	+	19 Act, or any other equivalent State or federal law, or is
	160	+	20 contained in a document completed by the job applicant's
	161	+	21 current or former employer and then made available to the
	162	+	22 public by the employer, or submitted or posted by the
	163	+	23 employer to comply with State or federal law; or
	164	+	24 (2) the job applicant is a current employee and is
	165	+	25 applying for a position with the same current employer.
	166	+	26 (b-15) Nothing in subsections (b-5) and (b-10) shall be
307	167
308	168
309		-	(820 ILCS 112/30)
310		-	Sec. 30. Violations; fines and penalties.
311		-	(a) If an employee is paid by his or her employer less than
312		-	the wage to which he or she is entitled in violation of Section
313		-	10 or 11 of this Act, the employee may recover in a civil
314		-	action the entire amount of any underpayment together with
315		-	interest, compensatory damages if the employee demonstrates
316		-	that the employer acted with malice or reckless indifference,
317		-	punitive damages as may be appropriate, injunctive relief as
318		-	may be appropriate, and the costs and reasonable attorney's
319		-	fees as may be allowed by the court and as necessary to make
320		-	the employee whole. At the request of the employee or on a
321		-	motion of the Director, the Department may make an assignment
322		-	of the wage claim in trust for the assigning employee and may
323		-	bring any legal action necessary to collect the claim, and the
324		-	employer shall be required to pay the costs incurred in
325		-	collecting the claim. Every such action shall be brought
326		-	within 5 years from the date of the underpayment. For purposes
327		-	of this Act, "date of the underpayment" means each time wages
328		-	are underpaid.
329		-	(a-5) If an employer violates subsection (b), (b-5),
330		-	(b-10), or (b-20) of Section 10, the employee may recover in a
331		-	civil action any damages incurred, special damages not to
332		-	exceed $10,000, injunctive relief as may be appropriate, and
333		-	costs and reasonable attorney's fees as may be allowed by the
334		-	court and as necessary to make the employee whole. If special
335	169
336	170
337		-	damages are available, an employee may recover compensatory
338		-	damages only to the extent such damages exceed the amount of
339		-	special damages. Such action shall be brought within 5 years
340		-	from the date of the violation.
341		-	(b) The Director is authorized to supervise the payment of
342		-	the unpaid wages under subsection (a) or damages under
343		-	subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing
344		-	to any employee or employees under this Act and may bring any
345		-	legal action necessary to recover the amount of unpaid wages,
346		-	damages, and penalties or to seek injunctive relief, and the
347		-	employer shall be required to pay the costs. Any sums
348		-	recovered by the Director on behalf of an employee under this
349		-	Section shall be paid to the employee or employees affected.
350		-	(c) Employers who violate any provision of this Act or any
351		-	rule adopted under the Act, except for a violation of
352		-	subsection (b-25) of Section 10, are subject to a civil
353		-	penalty for each employee affected as follows:
354		-	(1) An employer with fewer than 4 employees: first
355		-	offense, a fine not to exceed $500; second offense, a fine
356		-	not to exceed $2,500; third or subsequent offense, a fine
357		-	not to exceed $5,000.
358		-	(2) An employer with between 4 and 99 employees: first
359		-	offense, a fine not to exceed $2,500; second offense, a
360		-	fine not to exceed $3,000; third or subsequent offense, a
361		-	fine not to exceed $5,000.
362		-	(3) An employer with 100 or more employees who
	171	+
	172	+	HB3129 Enrolled - 5 - LRB103 30957 SPS 57530 b
363	173
364	174
365		-	violates any Section of this Act except for Section 11
366		-	shall be fined up to $10,000 per employee affected. An
367		-	employer with 100 or more employees that is a business as
368		-	defined under Section 11 and commits a violation of
369		-	Section 11 shall be fined up to $10,000.
370		-	Before any imposition of a penalty under this subsection,
371		-	an employer with 100 or more employees who violates item (b) of
372		-	Section 11 and inadvertently fails to file an initial
373		-	application or recertification shall be provided 30 calendar
374		-	days by the Department to submit the application or
375		-	recertification.
376		-	An employer or person who violates subsection (b), (b-5),
377		-	(b-10), (b-20), or (c) of Section 10 is subject to a civil
378		-	penalty not to exceed $5,000 for each violation for each
379		-	employee affected.
380		-	(c-5) The Department may initiate investigations of
381		-	alleged violations of subsection (b-25) of Section 10 upon
382		-	receiving a complaint from any person that claims to be
383		-	aggrieved by a violation of that subsection or at the
384		-	Department's discretion. Any person that claims to be
385		-	aggrieved by a violation of subsection (b-25) of Section 10
386		-	may submit a complaint of an alleged violation of that
387		-	subsection to the Department within one year after the date of
388		-	the violation. If the Department has determined that a
389		-	violation has occurred, it shall issue to the employer a
390		-	notice setting forth the violation, the applicable penalty as
	175	+	HB3129 Enrolled- 6 -LRB103 30957 SPS 57530 b HB3129 Enrolled - 6 - LRB103 30957 SPS 57530 b
	176	+	HB3129 Enrolled - 6 - LRB103 30957 SPS 57530 b
	177	+	1 construed to prevent an employer or employment agency, or an
	178	+	2 employee or agent thereof, from:
	179	+	3 (1) providing information about the wages, benefits,
	180	+	4 compensation, or salary offered in relation to a position;
	181	+	5 or
	182	+	6 (2) engaging in discussions with an applicant for
	183	+	7 employment about the applicant's expectations with respect
	184	+	8 to wage or salary, benefits, and other compensation,
	185	+	9 including unvested equity or deferred compensation that
	186	+	10 the applicant would forfeit or have canceled by virtue of
	187	+	11 the applicant's resignation from the applicant's current
	188	+	12 employer. If, during such discussion, the applicant
	189	+	13 voluntarily and without prompting discloses that the
	190	+	14 applicant would forfeit or have canceled by virtue of the
	191	+	15 applicant's resignation from the applicant's current
	192	+	16 employer unvested equity or deferred compensation, an
	193	+	17 employer may request the applicant to verify the aggregate
	194	+	18 amount of such compensation by submitting a letter or
	195	+	19 document stating the aggregate amount of the unvested
	196	+	20 equity or deferred compensation from, at the applicant's
	197	+	21 choice, one of the following: (1) the applicant's current
	198	+	22 employer or (2) the business entity that administers the
	199	+	23 funds that constitute the unvested equity or deferred
	200	+	24 compensation.
	201	+	25 (b-20) An employer is not in violation of subsections
	202	+	26 (b-5) and (b-10) when a job applicant voluntarily and without
391	203
392	204
393		-	described in subsections (c-10) and (c-15), and the period to
394		-	cure the violation as described in subsection (c-10).
395		-	(c-7) A job posting found to be in violation of subsection
396		-	(b-25) of Section 10 shall be considered as one violating job
397		-	posting regardless of the number of duplicative postings that
398		-	list the job opening.
399		-	(c-10) The penalties for a job posting or batch of
400		-	postings that are active at the time the Department issues a
401		-	notice of violation for violating subsection (b-25) of Section
402		-	10 are as follows:
403		-	(1) For a first offense, following a cure period of 14
404		-	days to remedy the violation, a fine not to exceed $500 at
405		-	the discretion of the Department. A first offense may be
406		-	either a single job posting that violates subsection
407		-	(b-25) of Section 10 or multiple job postings that violate
408		-	subsection (b-25) of Section 10 and are identified at the
409		-	same time by the Department. The Department shall have
410		-	discretion to waive any civil penalty under this
411		-	paragraph.
412		-	(2) For a second offense, following a cure period of 7
413		-	days to remedy the violation, a fine not to exceed $2,500
414		-	at the discretion of the Department. A second offense is a
415		-	single job posting that violates subsection (b-25) of
416		-	Section 10. The Department shall have discretion to waive
417		-	any civil penalty under this paragraph.
418		-	(3) For a third or subsequent offense, no cure period,
419	205
420	206
421		-	a fine not to exceed $10,000 at the discretion of the
422		-	Department. A third or subsequent offense is a single job
423		-	posting that violates subsection (b-25) of Section 10. The
424		-	Department shall have discretion to waive any civil
425		-	penalty under this paragraph. If a company has had a third
426		-	offense, it shall incur automatic penalties without a cure
427		-	period for a period of 5 years, at the completion of which
428		-	any future offense shall count as a first offense. The
429		-	5-year period shall restart if, during that period, an
430		-	employer receives a subsequent notice of violation from
431		-	the Department.
432		-	(c-15) The penalties for a job posting or batch of job
433		-	postings that are not active at the time the Department issues
434		-	a notice of violation for violating subsection (b-25) of
435		-	Section 10 are as follows:
436		-	(1) For a first offense, a fine not to exceed $250 at
437		-	the discretion of the Department. A first offense may be
438		-	either a single job posting that violates subsection
439		-	(b-25) of Section 10 or multiple job postings that violate
440		-	subsection (b-25) of Section 10 and are identified at the
441		-	same time by the Department. The Department shall have
442		-	discretion to waive any civil penalty under this
443		-	paragraph.
444		-	(2) For a second offense, a fine not to exceed $2,500
445		-	at the discretion of the Department. A second offense is a
446		-	single job posting that violates subsection (b-25) of
	207	+
	208	+	HB3129 Enrolled - 6 - LRB103 30957 SPS 57530 b
447	209
448	210
449		-	Section 10. The Department shall have discretion to waive
450		-	any civil penalty under this paragraph.
451		-	(3) For a third or subsequent offense, a fine not to
452		-	exceed $10,000 at the discretion of the Department. A
453		-	third or subsequent offense is a single job posting that
454		-	violates subsection (b-25) of Section 10. The Department
455		-	shall have discretion to waive any civil penalty under
456		-	this paragraph.
457		-	For the purposes of this subsection, the Department,
458		-	during its investigation of a complaint, shall make a
459		-	determination as to whether a job posting is not active by
460		-	considering the totality of the circumstances, including, but
461		-	not limited to: (i) whether a position has been filled; (ii)
462		-	the length of time a posting has been accessible to the public;
463		-	(iii) the existence of a date range for which a given position
464		-	is active; and (iv) whether the violating posting is for a
465		-	position for which the employer is no longer accepting
466		-	applications.
467		-	(d) In determining the amount of the penalty under this
468		-	Section, the appropriateness of the penalty to the size of the
469		-	business of the employer charged and the gravity of the
470		-	violation shall be considered. The penalty may be recovered in
471		-	a civil action brought by the Director in any circuit court.
472		-	(Source: P.A. 101-177, eff. 9-29-19; 102-36, eff. 6-25-21.)
	211	+	HB3129 Enrolled- 7 -LRB103 30957 SPS 57530 b HB3129 Enrolled - 7 - LRB103 30957 SPS 57530 b
	212	+	HB3129 Enrolled - 7 - LRB103 30957 SPS 57530 b
	213	+	1 prompting discloses his or her current or prior wage or salary
	214	+	2 history, including benefits or other compensation, on the
	215	+	3 condition that the employer does not consider or rely on the
	216	+	4 voluntary disclosures as a factor in determining whether to
	217	+	5 offer a job applicant employment, in making an offer of
	218	+	6 compensation, or in determining future wages, salary,
	219	+	7 benefits, or other compensation.
	220	+	8 (b-25) It is unlawful for an employer with 15 or more
	221	+	9 employees to fail to include the pay scale and benefits for a
	222	+	10 position in any specific job posting. The inclusion of a
	223	+	11 hyperlink to a publicly viewable webpage that includes the pay
	224	+	12 scale and benefits satisfies the requirements for inclusion
	225	+	13 under this subsection. If an employer engages a third party to
	226	+	14 announce, post, publish, or otherwise make known a job
	227	+	15 posting, the employer shall provide the pay scale and
	228	+	16 benefits, or a hyperlink to the pay scale and benefits, to the
	229	+	17 third party and the third party shall include the pay scale and
	230	+	18 benefits, or a hyperlink to the pay scale and benefits, in the
	231	+	19 job posting. The third party is liable for failure to include
	232	+	20 the pay scale and benefits in the job posting, unless the third
	233	+	21 party can show that the employer did not provide the necessary
	234	+	22 information regarding pay scale and benefits. An employer
	235	+	23 shall announce, post, or otherwise make known all
	236	+	24 opportunities for promotion to all current employees no later
	237	+	25 than 14 calendar days after the employer makes an external job
	238	+	26 posting for the position, except for positions in the State of
	239	+
	240	+
	241	+
	242	+
	243	+
	244	+	HB3129 Enrolled - 7 - LRB103 30957 SPS 57530 b
	245	+
	246	+
	247	+	HB3129 Enrolled- 8 -LRB103 30957 SPS 57530 b HB3129 Enrolled - 8 - LRB103 30957 SPS 57530 b
	248	+	HB3129 Enrolled - 8 - LRB103 30957 SPS 57530 b
	249	+	1 Illinois workforce designated as exempt from competitive
	250	+	2 selection. Nothing in this subsection requires an employer to
	251	+	3 make a job posting. Posting of a relevant and up to date
	252	+	4 general benefits description in an easily accessible, central,
	253	+	5 and public location on an employer's website and referring to
	254	+	6 this posting in the job posting shall be deemed to satisfy the
	255	+	7 benefits posting requirement under this subsection. This
	256	+	8 subsection only applies to positions that (i) will be
	257	+	9 physically performed, at least in part, in Illinois or (ii)
	258	+	10 will be physically performed outside of Illinois, but the
	259	+	11 employee reports to a supervisor, office, or other work site
	260	+	12 in Illinois. Nothing in this subsection prohibits an employer
	261	+	13 or employment agency from asking an applicant about his or her
	262	+	14 wage or salary expectations for the position the applicant is
	263	+	15 applying for. An employer or employment agency shall disclose
	264	+	16 to an applicant for employment the pay scale and benefits to be
	265	+	17 offered for the position prior to any offer or discussion of
	266	+	18 compensation and at the applicant's request, if a public or
	267	+	19 internal posting for the job, promotion, transfer, or other
	268	+	20 employment opportunity has not been made available to the
	269	+	21 applicant. This subsection shall only apply to job postings
	270	+	22 that have been posted after the effective date of this
	271	+	23 amendatory Act of the 103rd General Assembly.
	272	+	24 (b-30) An employer or an employment agency shall not
	273	+	25 refuse to interview, hire, promote, or employ, and shall not
	274	+	26 otherwise retaliate against, an applicant for employment or an
	275	+
	276	+
	277	+
	278	+
	279	+
	280	+	HB3129 Enrolled - 8 - LRB103 30957 SPS 57530 b
	281	+
	282	+
	283	+	HB3129 Enrolled- 9 -LRB103 30957 SPS 57530 b HB3129 Enrolled - 9 - LRB103 30957 SPS 57530 b
	284	+	HB3129 Enrolled - 9 - LRB103 30957 SPS 57530 b
	285	+	1 employee for exercising any rights under subsection (b-25).
	286	+	2 (c) It is unlawful for any person to discharge or in any
	287	+	3 other manner discriminate against any individual because the
	288	+	4 individual:
	289	+	5 (1) has filed any charge or has instituted or caused
	290	+	6 to be instituted any proceeding under or related to this
	291	+	7 Act;
	292	+	8 (2) has given, or is about to give, any information in
	293	+	9 connection with any inquiry or proceeding relating to any
	294	+	10 right provided under this Act;
	295	+	11 (3) has testified, or is about to testify, in any
	296	+	12 inquiry or proceeding relating to any right provided under
	297	+	13 this Act; or
	298	+	14 (4) fails to comply with any wage or salary history
	299	+	15 inquiry.
	300	+	16 (Source: P.A. 101-177, eff. 9-29-19; 102-277, eff. 1-1-22.)
	301	+	17 (820 ILCS 112/15)
	302	+	18 Sec. 15. Enforcement.
	303	+	19 (a) The Director or his or her authorized representative
	304	+	20 shall administer and enforce the provisions of this Act. The
	305	+	21 Director of Labor shall adopt rules necessary to administer
	306	+	22 and enforce this Act.
	307	+	23 (b) An employee, or former employee , or, for the purposes
	308	+	24 of a violation of subsection (b-25) of Section 10, any person
	309	+	25 that claims to be aggrieved by a violation of that subsection,
	310	+
	311	+
	312	+
	313	+
	314	+
	315	+	HB3129 Enrolled - 9 - LRB103 30957 SPS 57530 b
	316	+
	317	+
	318	+	HB3129 Enrolled- 10 -LRB103 30957 SPS 57530 b HB3129 Enrolled - 10 - LRB103 30957 SPS 57530 b
	319	+	HB3129 Enrolled - 10 - LRB103 30957 SPS 57530 b
	320	+	1 may file a complaint with the Department alleging a violation
	321	+	2 of this Act by submitting a signed, completed complaint form.
	322	+	3 All complaints shall be filed with the Department within one
	323	+	4 year from the date of the relevant violation underpayment.
	324	+	5 (c) The Department has the power to conduct investigations
	325	+	6 in connection with the administration and enforcement of this
	326	+	7 Act and the authorized officers and employees of the
	327	+	8 Department are authorized to investigate and gather data
	328	+	9 regarding the wages, hours, and other conditions and practices
	329	+	10 of employment in any industry subject to this Act, and may
	330	+	11 enter and inspect such places and such records at reasonable
	331	+	12 times during regular business hours, question the employees
	332	+	13 and investigate the facts, conditions, practices, or matters
	333	+	14 as he or she may deem necessary or appropriate to determine
	334	+	15 whether any person has violated any provision of this Act, or
	335	+	16 which may aid in the enforcement of this Act.
	336	+	17 (d) The Department may refer a complaint alleging a
	337	+	18 violation of this Act to the Department of Human Rights for
	338	+	19 investigation if the subject matter of the complaint also
	339	+	20 alleges a violation of the Illinois Human Rights Act and the
	340	+	21 Department of Human Rights has jurisdiction over the matter.
	341	+	22 When a complaint is referred to the Department of Human Rights
	342	+	23 under this subsection, the Department of Human Rights shall
	343	+	24 also file the complaint under the Illinois Human Rights Act
	344	+	25 and be the agency responsible for investigating the complaint.
	345	+	26 The Department shall review the Department of Human Rights'
	346	+
	347	+
	348	+
	349	+
	350	+
	351	+	HB3129 Enrolled - 10 - LRB103 30957 SPS 57530 b
	352	+
	353	+
	354	+	HB3129 Enrolled- 11 -LRB103 30957 SPS 57530 b HB3129 Enrolled - 11 - LRB103 30957 SPS 57530 b
	355	+	HB3129 Enrolled - 11 - LRB103 30957 SPS 57530 b
	356	+	1 investigation and findings to determine whether a violation of
	357	+	2 this Act has occurred or whether further investigation by the
	358	+	3 Department is necessary and take any necessary or appropriate
	359	+	4 action required to enforce the provisions of this Act. The
	360	+	5 Director of Labor and the Department of Human Rights shall
	361	+	6 adopt joint rules necessary to administer and enforce this
	362	+	7 subsection.
	363	+	8 (Source: P.A. 98-1051, eff. 1-1-15.)
	364	+	9 (820 ILCS 112/20)
	365	+	10 Sec. 20. Recordkeeping requirements. An employer subject
	366	+	11 to any provision of this Act shall make and preserve records
	367	+	12 that document the name, address, and occupation of each
	368	+	13 employee, the wages paid to each employee, the pay scale and
	369	+	14 benefits for each position, the job posting for each position,
	370	+	15 and any other information the Director may by rule deem
	371	+	16 necessary and appropriate for enforcement of this Act. An
	372	+	17 employer subject to any provision of this Act shall preserve
	373	+	18 those records for a period of not less than 5 years and shall
	374	+	19 make reports from the records as prescribed by rule or order of
	375	+	20 the Director, unless the records relate to an ongoing
	376	+	21 investigation or enforcement action under this Act, in which
	377	+	22 case the records must be maintained until their destruction is
	378	+	23 authorized by the Department or by court order.
	379	+	24 (Source: P.A. 96-467, eff. 8-14-09.)
	380	+
	381	+
	382	+
	383	+
	384	+
	385	+	HB3129 Enrolled - 11 - LRB103 30957 SPS 57530 b
	386	+
	387	+
	388	+	HB3129 Enrolled- 12 -LRB103 30957 SPS 57530 b HB3129 Enrolled - 12 - LRB103 30957 SPS 57530 b
	389	+	HB3129 Enrolled - 12 - LRB103 30957 SPS 57530 b
	390	+	1 (820 ILCS 112/30)
	391	+	2 Sec. 30. Violations; fines and penalties.
	392	+	3 (a) If an employee is paid by his or her employer less than
	393	+	4 the wage to which he or she is entitled in violation of Section
	394	+	5 10 or 11 of this Act, the employee may recover in a civil
	395	+	6 action the entire amount of any underpayment together with
	396	+	7 interest, compensatory damages if the employee demonstrates
	397	+	8 that the employer acted with malice or reckless indifference,
	398	+	9 punitive damages as may be appropriate, injunctive relief as
	399	+	10 may be appropriate, and the costs and reasonable attorney's
	400	+	11 fees as may be allowed by the court and as necessary to make
	401	+	12 the employee whole. At the request of the employee or on a
	402	+	13 motion of the Director, the Department may make an assignment
	403	+	14 of the wage claim in trust for the assigning employee and may
	404	+	15 bring any legal action necessary to collect the claim, and the
	405	+	16 employer shall be required to pay the costs incurred in
	406	+	17 collecting the claim. Every such action shall be brought
	407	+	18 within 5 years from the date of the underpayment. For purposes
	408	+	19 of this Act, "date of the underpayment" means each time wages
	409	+	20 are underpaid.
	410	+	21 (a-5) If an employer violates subsection (b), (b-5),
	411	+	22 (b-10), or (b-20) of Section 10, the employee may recover in a
	412	+	23 civil action any damages incurred, special damages not to
	413	+	24 exceed $10,000, injunctive relief as may be appropriate, and
	414	+	25 costs and reasonable attorney's fees as may be allowed by the
	415	+	26 court and as necessary to make the employee whole. If special
	416	+
	417	+
	418	+
	419	+
	420	+
	421	+	HB3129 Enrolled - 12 - LRB103 30957 SPS 57530 b
	422	+
	423	+
	424	+	HB3129 Enrolled- 13 -LRB103 30957 SPS 57530 b HB3129 Enrolled - 13 - LRB103 30957 SPS 57530 b
	425	+	HB3129 Enrolled - 13 - LRB103 30957 SPS 57530 b
	426	+	1 damages are available, an employee may recover compensatory
	427	+	2 damages only to the extent such damages exceed the amount of
	428	+	3 special damages. Such action shall be brought within 5 years
	429	+	4 from the date of the violation.
	430	+	5 (b) The Director is authorized to supervise the payment of
	431	+	6 the unpaid wages under subsection (a) or damages under
	432	+	7 subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing
	433	+	8 to any employee or employees under this Act and may bring any
	434	+	9 legal action necessary to recover the amount of unpaid wages,
	435	+	10 damages, and penalties or to seek injunctive relief, and the
	436	+	11 employer shall be required to pay the costs. Any sums
	437	+	12 recovered by the Director on behalf of an employee under this
	438	+	13 Section shall be paid to the employee or employees affected.
	439	+	14 (c) Employers who violate any provision of this Act or any
	440	+	15 rule adopted under the Act, except for a violation of
	441	+	16 subsection (b-25) of Section 10, are subject to a civil
	442	+	17 penalty for each employee affected as follows:
	443	+	18 (1) An employer with fewer than 4 employees: first
	444	+	19 offense, a fine not to exceed $500; second offense, a fine
	445	+	20 not to exceed $2,500; third or subsequent offense, a fine
	446	+	21 not to exceed $5,000.
	447	+	22 (2) An employer with between 4 and 99 employees: first
	448	+	23 offense, a fine not to exceed $2,500; second offense, a
	449	+	24 fine not to exceed $3,000; third or subsequent offense, a
	450	+	25 fine not to exceed $5,000.
	451	+	26 (3) An employer with 100 or more employees who
	452	+
	453	+
	454	+
	455	+
	456	+
	457	+	HB3129 Enrolled - 13 - LRB103 30957 SPS 57530 b
	458	+
	459	+
	460	+	HB3129 Enrolled- 14 -LRB103 30957 SPS 57530 b HB3129 Enrolled - 14 - LRB103 30957 SPS 57530 b
	461	+	HB3129 Enrolled - 14 - LRB103 30957 SPS 57530 b
	462	+	1 violates any Section of this Act except for Section 11
	463	+	2 shall be fined up to $10,000 per employee affected. An
	464	+	3 employer with 100 or more employees that is a business as
	465	+	4 defined under Section 11 and commits a violation of
	466	+	5 Section 11 shall be fined up to $10,000.
	467	+	6 Before any imposition of a penalty under this subsection,
	468	+	7 an employer with 100 or more employees who violates item (b) of
	469	+	8 Section 11 and inadvertently fails to file an initial
	470	+	9 application or recertification shall be provided 30 calendar
	471	+	10 days by the Department to submit the application or
	472	+	11 recertification.
	473	+	12 An employer or person who violates subsection (b), (b-5),
	474	+	13 (b-10), (b-20), or (c) of Section 10 is subject to a civil
	475	+	14 penalty not to exceed $5,000 for each violation for each
	476	+	15 employee affected.
	477	+	16 (c-5) The Department may initiate investigations of
	478	+	17 alleged violations of subsection (b-25) of Section 10 upon
	479	+	18 receiving a complaint from any person that claims to be
	480	+	19 aggrieved by a violation of that subsection or at the
	481	+	20 Department's discretion. Any person that claims to be
	482	+	21 aggrieved by a violation of subsection (b-25) of Section 10
	483	+	22 may submit a complaint of an alleged violation of that
	484	+	23 subsection to the Department within one year after the date of
	485	+	24 the violation. If the Department has determined that a
	486	+	25 violation has occurred, it shall issue to the employer a
	487	+	26 notice setting forth the violation, the applicable penalty as
	488	+
	489	+
	490	+
	491	+
	492	+
	493	+	HB3129 Enrolled - 14 - LRB103 30957 SPS 57530 b
	494	+
	495	+
	496	+	HB3129 Enrolled- 15 -LRB103 30957 SPS 57530 b HB3129 Enrolled - 15 - LRB103 30957 SPS 57530 b
	497	+	HB3129 Enrolled - 15 - LRB103 30957 SPS 57530 b
	498	+	1 described in subsections (c-10) and (c-15), and the period to
	499	+	2 cure the violation as described in subsection (c-10).
	500	+	3 (c-7) A job posting found to be in violation of subsection
	501	+	4 (b-25) of Section 10 shall be considered as one violating job
	502	+	5 posting regardless of the number of duplicative postings that
	503	+	6 list the job opening.
	504	+	7 (c-10) The penalties for a job posting or batch of
	505	+	8 postings that are active at the time the Department issues a
	506	+	9 notice of violation for violating subsection (b-25) of Section
	507	+	10 10 are as follows:
	508	+	11 (1) For a first offense, following a cure period of 14
	509	+	12 days to remedy the violation, a fine not to exceed $500 at
	510	+	13 the discretion of the Department. A first offense may be
	511	+	14 either a single job posting that violates subsection
	512	+	15 (b-25) of Section 10 or multiple job postings that violate
	513	+	16 subsection (b-25) of Section 10 and are identified at the
	514	+	17 same time by the Department. The Department shall have
	515	+	18 discretion to waive any civil penalty under this
	516	+	19 paragraph.
	517	+	20 (2) For a second offense, following a cure period of 7
	518	+	21 days to remedy the violation, a fine not to exceed $2,500
	519	+	22 at the discretion of the Department. A second offense is a
	520	+	23 single job posting that violates subsection (b-25) of
	521	+	24 Section 10. The Department shall have discretion to waive
	522	+	25 any civil penalty under this paragraph.
	523	+	26 (3) For a third or subsequent offense, no cure period,
	524	+
	525	+
	526	+
	527	+
	528	+
	529	+	HB3129 Enrolled - 15 - LRB103 30957 SPS 57530 b
	530	+
	531	+
	532	+	HB3129 Enrolled- 16 -LRB103 30957 SPS 57530 b HB3129 Enrolled - 16 - LRB103 30957 SPS 57530 b
	533	+	HB3129 Enrolled - 16 - LRB103 30957 SPS 57530 b
	534	+	1 a fine not to exceed $10,000 at the discretion of the
	535	+	2 Department. A third or subsequent offense is a single job
	536	+	3 posting that violates subsection (b-25) of Section 10. The
	537	+	4 Department shall have discretion to waive any civil
	538	+	5 penalty under this paragraph. If a company has had a third
	539	+	6 offense, it shall incur automatic penalties without a cure
	540	+	7 period for a period of 5 years, at the completion of which
	541	+	8 any future offense shall count as a first offense. The
	542	+	9 5-year period shall restart if, during that period, an
	543	+	10 employer receives a subsequent notice of violation from
	544	+	11 the Department.
	545	+	12 (c-15) The penalties for a job posting or batch of job
	546	+	13 postings that are not active at the time the Department issues
	547	+	14 a notice of violation for violating subsection (b-25) of
	548	+	15 Section 10 are as follows:
	549	+	16 (1) For a first offense, a fine not to exceed $250 at
	550	+	17 the discretion of the Department. A first offense may be
	551	+	18 either a single job posting that violates subsection
	552	+	19 (b-25) of Section 10 or multiple job postings that violate
	553	+	20 subsection (b-25) of Section 10 and are identified at the
	554	+	21 same time by the Department. The Department shall have
	555	+	22 discretion to waive any civil penalty under this
	556	+	23 paragraph.
	557	+	24 (2) For a second offense, a fine not to exceed $2,500
	558	+	25 at the discretion of the Department. A second offense is a
	559	+	26 single job posting that violates subsection (b-25) of
	560	+
	561	+
	562	+
	563	+
	564	+
	565	+	HB3129 Enrolled - 16 - LRB103 30957 SPS 57530 b
	566	+
	567	+
	568	+	HB3129 Enrolled- 17 -LRB103 30957 SPS 57530 b HB3129 Enrolled - 17 - LRB103 30957 SPS 57530 b
	569	+	HB3129 Enrolled - 17 - LRB103 30957 SPS 57530 b
	570	+	1 Section 10. The Department shall have discretion to waive
	571	+	2 any civil penalty under this paragraph.
	572	+	3 (3) For a third or subsequent offense, a fine not to
	573	+	4 exceed $10,000 at the discretion of the Department. A
	574	+	5 third or subsequent offense is a single job posting that
	575	+	6 violates subsection (b-25) of Section 10. The Department
	576	+	7 shall have discretion to waive any civil penalty under
	577	+	8 this paragraph.
	578	+	9 For the purposes of this subsection, the Department,
	579	+	10 during its investigation of a complaint, shall make a
	580	+	11 determination as to whether a job posting is not active by
	581	+	12 considering the totality of the circumstances, including, but
	582	+	13 not limited to: (i) whether a position has been filled; (ii)
	583	+	14 the length of time a posting has been accessible to the public;
	584	+	15 (iii) the existence of a date range for which a given position
	585	+	16 is active; and (iv) whether the violating posting is for a
	586	+	17 position for which the employer is no longer accepting
	587	+	18 applications.
	588	+	19 (d) In determining the amount of the penalty under this
	589	+	20 Section, the appropriateness of the penalty to the size of the
	590	+	21 business of the employer charged and the gravity of the
	591	+	22 violation shall be considered. The penalty may be recovered in
	592	+	23 a civil action brought by the Director in any circuit court.
	593	+	24 (Source: P.A. 101-177, eff. 9-29-19; 102-36, eff. 6-25-21.)
	594	+
	595	+
	596	+
	597	+
	598	+
	599	+	HB3129 Enrolled - 17 - LRB103 30957 SPS 57530 b