Pay equity has become a hot topic of discussion and legislative focus across the United States in the last few years as states seek to adopt stricter pay equity laws and to increase enforcement efforts combating pay inequities for members of protected classes. At the federal level, Congress has introduced legislation aimed at securing pay equity. The Biden administration has also indicated its support for plans to strengthen pay equity between men and women. At the state level, Illinois is one of many states, including California and New York, to have passed or amended pay equity and related laws.
In June 2021, Illinois updated its equal pay reporting and compliance requirements. This amendment followed on the heels of another amendment to the same law passed in March 2021. Illinois Senate Bill 1847 amended the Illinois Equal Pay Act (IEPA) by expanding certain reporting requirements and by accelerating deadlines to certify compliance by potentially up to two years. The June 2021 amendments sought to clarify certain ambiguities in reporting requirements that had been previously identified and to revise the IEPA’s controversial penalty provision. Importantly for Illinois employers, some Illinois employers will be subject to reporting and certification obligations under the IEPA beginning in 2022 instead of in 2024.
The June 2021 amendments to the IEPA apply to private employers with more than 100 employees in Illinois and requires these employers to:
- Apply for an “equal pay registration certificate” from the Illinois Department of Labor (IDOL).
- Pay a $150 filing fee and an equal pay compliance statement to the IDOL.
- Submit their most recent Employer Information Report EEO-1.
- Compile and submit demographic data and wage records.