Dear Colleagues,
Beginning September 29, 2019, a new Illinois law (Public Act 101-0177) amending the Illinois Equal Pay Act imposes new restrictions on recruiting, interviewing, and hiring for all employers in the state, including the University of Illinois System. It is important to immediately eliminate any inquiries about an applicant’s current or prior salary, benefits, or compensation from the search and hiring process.
Please share this message with hiring managers in your departments and units, as well as any faculty and staff who may be involved in recruiting, interviewing, and/or hiring. Your university or system HR office will also provide more details to individuals with human resources responsibilities.
The new law aims to improve pay equality by restricting employer access to applicants’ historical compensation information, with narrow exceptions. A summary of new provisions follows.
Unlawful to Seek Pay History
An employer MAY NOT seek the wage or salary history, including benefits or other compensation, of a job applicant from any current or former employer. This prohibition is waived ONLY if the applicant’s compensation history is a matter of public record, or if the applicant is a current employee and is applying for a position with the same current employer (in which case pay history would already be known to the employer).
An employer MAY provide information about a position – for example, “This position pays in the range of $45,000 to $50,000, does that meet your expectations and are you still interested?”
An employer MAY engage in a discussion about an applicant’s expectations with respect to salary and benefits – for example, “What compensation expectations do you have?”
An employer is not in violation if an applicant “voluntarily and without prompting” discloses their current or prior compensation information. However, the employer MAY NOT consider or rely on voluntary disclosures in making decisions related to hiring or compensation.
Unlawful to Screen Based on Pay History
An employer MAY NOT request or require an applicant to disclose wage or salary history as a condition of employment.
An employer MAY NOT screen applicants based on current or prior wages or salary histories, including benefits and other compensation. It is unlawful to require an applicant’s compensation history to satisfy minimum or maximum criteria.
An employer MAY NOT request or require wage or salary history as a condition of being considered for employment, as a condition of being interviewed, as a condition of continuing to be considered for an offer of employment, or as a condition of an offer of employment or an offer of compensation.
*****
If you have any questions about these new requirements, please contact your university or system HR office:
- Urbana: 217-333-2137
- Chicago: 312-413-4848
- Springfield: 217-206-6652
- System Offices: 217-333-2600 or 312-996-5130