Illinois Law Bans Employers from Salary Question

To close the pay gap between men and women, Illinois has joined the national trend of banning questions regarding a job applicant’s salary history.
The new law amends the Illinois Equal Pay Act of 2003 and makes it unlawful for employers to ask about a job applicant’s salary history. It is effective Sept. 29.
The Act prohibits employers from paying unequal wages to men and women who perform the same or substantially similar jobs, except when the wage difference is based upon a seniority system, a merit system, a system measuring earnings by quantity or quality of production, or factors other than an employee’s gender.
The Act does not prohibit an employer from providing salary information regarding a position, or engaging in discussions with an applicant about the applicant’s expectations. The Act also does not consider an employer to be in violation if an applicant volunteers his or her salary information without being prompted, as long as the employer does not consider the information in deciding who to hire or in determining wages or benefits.
Source: Foley & Lardner LLP