September 29, 2019, a law prohibiting employers from asking job applicants or their previous employers about their salary history was passed. The law amends the Equal Pay Act of 2003, which made it illegal to discriminatorily pay employees on the basis of sex or race. This legislation is an effort to close the gender wage gap. According to the governor’s office, women in Illinois earn 79% of what men earn.
Equal pay laws generally prohibit an employer from paying different wages based on sex (or other protected classes) for the same or similar work. At the federal level, these laws include the Equal Pay Act and Title VII of the Civil Rights Act. In an effort to eliminate wage discrimination and achieve greater pay equity, a number of states have enacted laws that build on the federal protections by mandating equal pay and addressing wage disclosure. In addition, some states have equal employment opportunity laws that also prohibit discrimination in compensation based upon protected class status.
If an employer violates these new amendments, an employee may bring a civil action within five years and seek to recover “any damages incurred,” “special damages” up to $10,000, injunctive relief, costs, and attorney’s fees. And employers who violate the law are also subject to civil penalties of up to $5,000 “for each violation for each employee.
If you were the head of the Human Resources Department in your organization, what are the steps you would take to reduce pay disparity in your workplace? How would you ensure that people are paid for their worth relative to the job?
- Your assignment should be approximately 500 words in length (typically, two double-spaced pages), not counting cover page, reference list page, appendices, figures, or tables.
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