Equal Pay Act of 2003

The IL EPA’s central premise is that an employer cannot pay an employee less than their colleague of a different sex or gender who is doing the same or substantially similar work in the same county, or pay an African-American employee less than their colleague of another race who is doing the same or substantially similar work in the same county (820 ILCS 112/10(a)) unless there is a lawful reason for the pay disparity. Lawful reasons recognized in the IL EPA include when a pay disparity is based on a seniority system, a merit system, a system measuring earnings by quantity or quality of production, or a factor other than gender or race that is job-related with respect to the position, consistent with business necessity, and actually accounts for the different pay. 820 ILCS 112/10(a)(4).

The equal-pay mandate applies to all employers in Illinois. 820 ILCS 112/5.

Because unequal pay can arise at various points in employment, the IL EPA also prohibits employers from:

1. Asking about an applicant’s prior wages or salary to determine their pay, to decide whether to interview or offer them a position, or to use the information even if the applicant volunteers it;
2. Not allowing employees to discuss pay, or requiring them to sign a document that prohibits them from discussing pay; and
3. Discriminating or retaliating against an applicant or employee for  using their rights under the IL EPA, or interfering in their exercise of IL EPA rights, including discussing pay, refusing to disclose pay history, and filing a complaint with IDOL or participating in another person’s IL EPA action.  

Employers are affirmatively required to make records that document the name, address, and occupation of each employee, the wages paid to each employee, the pay scale and benefits for each position, and the job posting for each position. Employers must preserve the records for at least five years. 

 A person may file a a complaint about unequal pay if, within the past year, the person:

• Was paid less than a coworker of a different sex (or race, if the person is African-American) who was doing the same or substantially similar work for the same employer in the same county.
• Applied for a job and was asked their prior pay or salary on a job application or in an interview (or whose former employer was asked for the person’s prior pay or salary,) or who was declined an interview or position because they or their prior employer objected to being asked for their prior pay or salary.
• Was told or required by their employer not to talk about their or another employee’s pay, or asked or required them to sign an agreement not to discuss pay.
• Did (or tried to) exercise any of their rights protected under the IL EPA and was subjected to interference, discrimination or retaliation.

The complaint form for unequal pay issues, which also can include recordkeeping issues related to pay, can be found here.

IDOL has additional resources about the IL EPA and Unequal Pay, including Frequently Asked Questions, links to the statute and regulations, more about the complaint filing process, and other information here.

NOTE: If you wish to file a complaint about Unequal Pay (including discussions of pay, pay history inquiries, recordkeeping, interference, or retaliation) AND Pay Transparency or Promotional Opportunity, you will need to fill out and submit to IDOL two different complaint forms.  

Because pay disparities may arise or become apparent at the start of the employment relationship, the IL EPA seeks to increase transparency in pay, benefits, and opportunities at the time of hire.

As of January 1, 2025, the IL EPA requires that employers with 15 or more employees that make specific job postings must include a position’s compensation and benefits in all internal and external job postings, so long as the position is for work to be performed at least in part (or reporting to a supervisor, office, or work site) in Illinois (“Pay Transparency”). 820 ILCS 112/10(b-25). If a covered employer engages a third party to make a job posting known, Pay Transparency applies to their actions as well. No employer is required to make a job posting, but if they do, Pay Transparency applies.

A related provision requires employers to let their staff know of their publicly-advertised job opportunities, so they can consider whether to apply (“Promotional Opportunity”). 820 ILCS 112/10(b-25). If an employer, or third party engaged to act on their behalf, externally publishes a specific job posting, the employer must within 14 days make all opportunities known to all employees.

A person may want to file a a complaint about Pay Transparency or Promotional Opportunity if, after January 1, 2025 and within the past year, the person:

• Viewed a specific job posting by an employer with 15 or more employees (or by a third party they engaged) for Illinois work that did not include the position’s pay scale and benefits, or that included overly broad or vague pay or benefit information;
• Asked an employer (or a third party the employer engaged) about pay scale and benefits for a position that did not have a specific job posting, and was refused that information;
• Is or was an employee of an employer with 15 or more employees that that did not provide Promotional Opportunity information within 14 days after externally publishing a specific job posting for Illinois work.
• Was subjected to interference, discrimination or retaliation for exercising any IL EPA right, or for complaining about or reporting an employer or engaged third party’s failure to comply with Pay Transparency or Promotional Opportunity.  

The complaint form for Pay Transparency and Promotional Opportunity issues, which also can include recordkeeping issues, can be found here.

IDOL has additional resources about Pay Transparency and Promotional Opportunity, including Frequently Asked Questions, links to the statute and regulations, more about the complaint process, and other information here.

NOTE: If you wish to file a complaint about Pay Transparency or Promotional Opportunity AND about Unequal Pay (including discussions of pay, pay history inquiries, recordkeeping, interference, or retaliation), you will need to fill out two different complaint forms and submit each to IDOL.  

In 2021, a new section was added to the IL EPA requiring all private businesses with 100 or more employees in Illinois to submit employee demographic and wage data to - and obtain an Equal Pay Certificate (“EPRC”) from IDOL. 820 ILCS 112/11. Designed to develop a big-picture look at the incidence of unequal pay due to sex or race among the State’s largest employers, the EPRC program also asks businesses how their average compensation for female and minority employees compares to that of male and non-minority employees, and how they review and address unequal pay due to sex and race. 820 ILCS 112/11(c).  Government entities are exempt from EPRC, as are private businesses with 99 or fewer employees.

Businesses subject to EPRC submit the required information via a dedicated IDOL portal, and must do so every two years after their first submission. 820 ILCS 112/11(b). A business that believes it is covered by Section 11 but has not been contacted by IDOL should fill out an IDOL survey of business contacts to receive further instructions.  While the pay and other data IDOL collects under EPRC is confidential and not publicly available, a current employee of a business subject to Section 11 may request anonymized data regarding their job classification or title and the pay for that classification. 820 ILCS 112/11(h).

IDOL reviews each EPRC submission to ensure that it conforms to program requirements, and must approve or deny each submission within 45 days. An employer can seek administrative review of a denial of their EPRC certification. 820 ILCS 112/11(d). IDOL also may suspend or revoke an EPRC for failure to comply with EPRC or IL EPA requirements; an employer may seek administrative review of that IDOL action as well. 820 ILCS 112/11(e). If an employer subject to EPRC does not make their original or recertification submission as required, IDOL may issue a determination and order as a general violation of the IL EPA.

There is no individual complaint for the public related to EPRC. If a person was subjected to interference, discrimination or retaliation for exercising an IL EPA right related to EPRC, or for complaining about or reporting a business’s failure to comply with EPRC requirements, they can file a complaint with this form.

IDOL has additional resources about EPRC, including Frequently Asked Questions, links to the statute and regulations, training slides, and other information here.

A person may file a complaint about unequal pay if, within the past year, the person:

• Was paid less than a coworker doing the same or substantially similar work in the same county, and the reason for the pay disparity was the person’s sex (or race if the lesser-paid person is African-American).
• Applied for a job and was asked their prior pay or salary on a job application or in an interview (or whose former employer was asked for the person’s prior pay or salary,) or who was declined an interview or position because they or their prior employer objected to being asked for their prior pay or salary.
• After voluntarily disclosing their prior pay or benefits during the application process, had the employer consider or rely on that disclosure as a factor in determining whether to offer employment or compensation, or in determining future wages, salary, benefits, or other compensation.
• Was told or required by their employer not to talk about their or another employee’s pay, or asked or required them to sign an agreement not to discuss pay.
• Reported to their employer or IDOL the employer’s failure to comply with IL EPA recordkeeping requirements.
• Did (or tried to) exercise any of their rights protected under the IL EPA and was subjected to interference, discrimination or retaliation.

The complaint form for unequal pay issues, which also can include recordkeeping issues related to pay, can be found here.

NOTE: If you wish to file a complaint about Unequal Pay (including discussions of pay, pay history inquiries, recordkeeping, interference, or retaliation) AND Pay Transparency or Promotional Opportunity, you will need to fill out and submit to IDOL two different complaint forms.  

Filing process

The Unequal Pay complaint may be filled out and submitted electronically using the web-based form, or printed and submitted by US Mail, facsimile, or physical delivery.

If you are filling out the complaint form electronically, please be advised that the form does not save your progress as you work through it.

A person who files an Unequal Pay complaint can view the steps of the Department’s process in the IL EPA regulation.

A note about anonymity in Unequal Pay complaints

The Department’s practice is to maintain anonymity of a complainant’s names during the administrative investigation of their Unequal Pay complaint when possible, but any person filing an Unequal Pay complaint should be aware that the Department’s ability to maintain confidentiality is limited in several scenarios:

• First, if an Unequal Pay alleges retaliation for asserting an IL EPA right, the complainant’s name must be revealed to the respondent.
• Second, if the Department intends to issue a Determination or Order requiring an employer to pay back wages to a complainant or another person, the name of the person to receive wages must be included.
• Third, the IL EPA does not provide that complaints or any other documents related to Unequal Pay are confidential as a matter of law or exempt from production in the event that the Department receives a request pursuant to the Freedom of Information Act. 

A person may file a complaint – anonymously or otherwise – about Pay Transparency or Promotional Opportunity, if within the past year, the person:

• Viewed and was aggrieved by a specific job posting for Illinois work that did not contain the position’s pay scale and benefits.
• While working for an employer that externally published a job posting, the employer did not make all promotional opportunities known to all employees using its typical method for sharing job-related information with employees.
• While an applicant for employment (including promotion, transfer, or other opportunity) without a job posting, requested the position’s pay scale and benefits prior to any offer or discussion of compensation and was not provided it.
• Was subjected to interference related to Pay Transparency or Promotional Opportunity by an employer, employment agency, or third party engaged by the employer related to job postings.
• Was subjected to discrimination or retaliation related to Pay Transparency or Promotional Opportunity by an employer, employment agency, or third party engaged by the employer related to job postings.

The complaint form for Pay Transparency issues can be found here.

NOTE: If you wish to file a complaint about Unequal Pay (including discussions of pay, pay history inquiries, recordkeeping, interference, or retaliation) AND Pay Transparency or Promotional Opportunity, you will need to fill out and submit to IDOL two different complaint forms. 

Filing process

The Pay Transparency complaint may be filled out and submitted electronically using the web-based form, or printed and submitted by US Mail, facsimile, physical delivery or email (DOL.EqualPay@Illnois.gov).

If you are filling out the complaint form electronically, please be advised that the form does not save your progress as you work through it.

A person who files an Pay Transparency complaint can view the steps of the Department’s process in the IL EPA regulation.

A note about anonymity in Pay Transparency complaints

A Pay Transparency complaint can be filed anonymously.

You also may include your name and contact information on the complaint but indicate that you wish to proceed anonymously.

The Department’s practice is to maintain anonymity of a complainant’s names during the administrative investigation of their Pay Transparency complaint when possible, but any person filing a Pay Transparency complaint should be aware that the Department’s ability to maintain confidentiality is limited in several scenarios:

• First, if a Pay Transparency complaint alleges retaliation for asserting an IL EPA right, the complainant’s name must be revealed to the respondent.
• Second, the IL EPA does not provide that complaints or any other documents related to Pay Transparency are confidential as a matter of law or exempt from production in the event that the Department receives a request pursuant to the Freedom of Information Act.

Pay Transparency Complaint Form