Can an employer in Illinois ask about an employee’s past wage information?

In the past, employer’s in Illinois could ask employees and potential employees about their past wage and compensation histories, however, that has since changed after a new amendment to the Illinois Equal Pay Act was signed into law by Governor JB Pritzker. As of September 29, 2019, employers and employment agencies in the state of Illinois are banned from asking applicants what they earned from a former employer. In addition, employers and employment agencies are also prohibited from using such information to screen candidates for a job.

According to an Illinois Department of Labor press release, the new law aims to “break a cycle where predominately female and minority workers have received lower pay for performing the same or similar work as male and non-minority workers.” Essentially, what this means is that if an applicant was seeking a position for employment in Illinois, the potential employer or agency they are going through is not allowed to ask what they earned prior to applying. However, it is worth noting that the law does not apply if:

• The “job applicant’s salary history is a matter of public record.”
• The applicant “is a current employee applying with the same employer.”

What happens if an Illinois employer or employment agency asks for an employee’s wage history?

If an employer violates the law and requests that an employee provide past salary information before being considered for a position, he/she can be penalized for doing so. For example, if an employer were to ask a potential employee during the interview process what they were earning in the past and what they are looking to make now, they are still in violation of the new law. However, if an applicant voluntarily provides an employer with their wage and compensation histories, while the employer is not said to be violating the law, they are prohibited from using this information “to make a hiring decision or to determine the applicant’s salary.”

Can an employee report an employer for requesting this information?

Any employee who believes their rights have been violated by an employer in the state of Illinois can file a complaint against the employer. Depending on the type of complaint that is being filed, an individual may either need to visit a local Department of Labor office or they can file their complaint online.

If the issue goes unaddressed or an employee would like to learn more about the legal options that are available to them, they can contact an Illinois employment law attorney. To find and retain an employment law lawyer in Chicago, Aurora, Naperville, or any other city within the state of Illinois, contact USAttorneys.com for help.