Update Applicable to:
All employers with 100 or more employees in the state of Illinois.
On March 23, 2021, Governor J.B. Pritzker signed into law amendments to the Illinois Equal Pay Act, which go into effect January 1, 2023.
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What are the details?
The amendments require private businesses with 100 or more employees in Illinois that file an EEO-1 report with the Equal Employment Opportunity Commission to report specific employee payroll and diversity information to the IDOL (Illinois Department of Labor), including new pay data reporting and certification requirements.
When applying for the Equal Pay Registration Certificate, employers will need to include the following:
- wage records, including the most recent EEO-1 report filed by the company and a list of employee-level data for all employees working in Illinois, which should include:
- employee names, gender, race, and ethnicity, which is consistent with the data reported in the company’s EEO-1 report;
- the county where the employee works;
- the employee’s total wages rounded to the nearest $100.00;
- the employee’s hire and, if applicable, termination date;
- the employee’s job title; and
- the employee’s EEO-1 classification;
- an equal pay compliance statement signed by a corporate officer, legal counsel, or registered agent that certifies:
- statutory compliance with the Illinois Equal Pay Act and other state and federal equal opportunity laws;
- a lack of wage disparity between male, female, and minority employees;
- that there are no sex-based personnel decisions;
- that wage disparities are addressed when identified; and
- that wage determinations and evaluations are frequent, including how those evaluations are conducted.
Employers subject to the Illinois Equal Pay Act amendment must recertify their compliance with the Act every year. An employer’s filing deadline this year, or early 2023, will serve as its filing deadline for each subsequent year.
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What do employers need to do?
Covered employers will receive notification from the Illinois Department of Labor. However, every employer’s deadline to apply is different, and some employers may not yet have received their reporting deadline from the Illinois Department of Labor. However, employers with late 2022 or early 2023 deadlines should start preparing the information they will need to compile when filling out their applications so they are ready to submit their applications to the Illinois Department of Labor when they receive their filing deadline. If covered employers do not receive notification from the Illinois Department of Labor, they can visit the IDOL’s EPRC Business Registration Page.
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