Equal Pay Act FAQ

The Equal Pay Act prohibits employers from paying unequal wages to men and women for doing the same or substantially similar work, except if the wage difference is based upon a seniority system, a merit system, a system measuring earnings by quantity or quality of production, or factors other than gender. It also prohibits employers from paying African-American employees less than another employee who is not African-American for the same or substantially similar work.

An employee, former employee, or applicant for employment may file a complaint about unequal pay. Complaint forms are available on the Department's​ website or by contacting IDOL at 1-866-372-4365. The Department may also initiate an investigation pursuant to 820 ILCS 112/15(c), which can include, but is not limited to, instances when a complaint is submitted anonymously.

All complaints with the Department about unequal pay must be filed within one year from the date of the underpayment, salary history request, or other act that allegedly violates the IL EPA. Please note that a person can file an Illinois Equal Pay Act (IL EPA) lawsuit directly in court up to five years after the underpayment, salary history request, or other act that allegedly violates the IL EPA, whether the person first files a Department complaint or not; there is no requirement that a person file a Department complaint before bringing an action in court.

Equal Pay Act complaints are required by law to be on “a signed, completed complaint form”.

When the Department receives a signed, completed complaint form, generally the Department’s policy is to keep the identity of the complainant confidential while the case is pending at the administrative level. Confidentiality does not apply in cases where a complaint alleges retaliatory discrimination or discharge under the Act, or if the complainant requests not to remain confidential.

If the Department receives a complaint form with no name and signature, an anonymous Unequal Pay complaint may be treated as a report to IDOL, which IDOL may investigate pursuant to 820 ILCS 112/15(c).

No. Men and women are to receive equal pay for the same or substantially similar work that is performed for the same employer, in the same county.

No. African-American employees and employees who are not African-American are to receive equal pay for the same or substantially similar work that is performed for the same employer, in the same county.

Yes. Even though the job titles held by both workers are different, the actual work performed may be the same. If this is the case, you may file a complaint and the Department will investigate.

Yes. Even though the job titles held by both workers are different, the actual work performed may be the same. If this is the case, you may file a complaint and the Department will investigate.

When the Department receives a complaint about Unequal Pay, salary history requests, or other alleged IL EPA violations not including Pay Transparency or EPRC, the Department first assesses whether it has jurisdiction to proceed; this involves determining if the complaint was timely filed by a person who can bring an IL EPA complaint, and whether the complaint states the essential elements of an IL EPA claim. Typically, a Department staffer will review the complaint and documents submitted with it, and then talk with the complaint’s filer about their allegations; during that conversation, the staffer may ask the filer questions to help assess jurisdictional issues, and mention referral options for non-jurisdictional issues. Key Unequal Pay inquiries to address at the start of the Department process include whether the person’s complaint is actually one that falls under the IL EPA, whether the person who filed the complaint has identified a “comparator” (a coworker of a different gender or race, if the complainant is African-American, doing the same or substantially similar work and making more than the complainant).

If the Department determines that there is not jurisdiction to proceed under the IL EPA, the Department will issue a dismissal to the filer explaining why.  Also, if a complainant does not provide information to, or stay in contact with, the Department, their complaint may be dismissed.  The Department sends a copy of the dismissal to the complainant and to the respondent (the employer or other party named as responsible by the person who filed the complaint) without identifying the person who filed it.

If the Department proceeds with investigation, it will send the respondent notice of the complaint and a request to provide documents related to the complaint’s allegations within 30 calendar days.  When the respondent answers the complaint and provides the requested documents, the Department reviews the materials to see if there are new issues or jurisdictional questions to consider, and determines next steps. The Department may ask a complainant for their response to the respondent’s points, seek written statements from witnesses, or hold a conference or interviews, but is not required to do any of those. If a respondent does not answer the complaint or record request, typically the Department will send it another notice to inform the respondent that if it does not respond the Department may issue either a subpoena or a determination finding that the respondent violated the IL EPA.

Whenever the Department issues a determination as to whether a respondent violated the IL EPA, it does so in writing with copies to both parties or their representatives. If either party wants to confer with the Department about the determination, the party can request a conference in writing within time provided on the dismissal.

At any point during the Department’s process, a complainant and respondent may reach an agreement to resolve the dispute. Department staff can and do assist parties with resolution discussions about IL EPA claims, and the Department supervises payment of wages due to a complainant or penalties due to the Department by either a determination or agreement.

Due to limited Department resources, the IL EPA administrative process is not a quick one, and there may be significant periods of time in which a complainant or respondent does not hear from the assigned staffer.

No

Yes, men and women have equal protections under the Act.

The Department will review up to 5 years prior to the date the complaint was filed.​​​​