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Equal Pay Act FAQ
The Frequently Asked Questions (FAQs) provided below highlight topics and specific questions that are often asked of the Illinois Department of Labor (IDOL). The information provided in the FAQs is intended to enhance public access and understanding of IDOL laws, regulations and compliance information.
The FAQs should not be considered a substitute for the appropriate official documents (i.e. statute and/or administrative rules.) Individuals are urged to consult legal counsel of their choice. Court decisions may affect the interpretation and constitutionality of statutes. The Department cannot offer individuals legal advice or offer advisory opinions. If you need a legal opinion, we suggest you consult your own legal counsel. These FAQs are not to be considered complete and do not relieve employers from complying with applicable IDOL laws and regulations.
- 1. What is the Illinois Equal Pay Act?
- 2. Who may file an Equal Pay complaint?
- 3. How long do I have to file an Equal Pay complaint?
- 4. Can I file an anonymous Equal Pay complaint?
- 5. If I perform the same work as a co-worker (or former co-worker) of the opposite gender, but I am paid less, do we both have to work at the same physical location?
- 6. If I am African-American and I perform the same work as a co-worker (or former co-worker) who is not African-American, but I am paid less, do we both have to work at the same physical location?
- 7. Can I file a complaint if my job title is different from a co-worker (or former co-worker) of the opposite gender, but we both perform the same work?
- 8. If I am African-American, can I file a complaint if my job title is different from a co-worker (or former co-worker) who is not African-American, but we both perform the same work?
- 9. What happens after I file an Equal Pay complaint?
- 10. Do I need an attorney to file a complaint?
- 11. Are men protected under the Illinois Equal Pay Act?
- 12. How far back will the Equal Pay investigation cover?
The Equal Pay Act prohibits employers with four or more employees 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 empoyees less than another employee who is not African-American for the same or substantially similar work.
An employee or former employee may file a complaint. 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.
All complaints must be filed within one year from the date of the underpayment.
The identity of all employees who file Equal Pay complaints will be kept confidential with the Department. While the case is pending at the administrative level, the identity of the complainant shall be kept confidential unless the complainant requests otherwise. This confidentiality provision does not apply in cases alleging retaliatory discharge or retaliatory discrimination under the Act.
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 similiar 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.
After the Department determines jurisdiction, the Department shall conduct an investigation to determine whether reasonable cause exists to believe a violation under the Act has occurred. The investigation may be made by written or oral inquiry, field visit, conference or any method or combination of methods.
No
Yes, men and women have equal protections under the Act.
The Department will review up to 3 years prior to the date the complaint was filed.