The IL EPA’s central premise is that an employer may not “discriminate between employees on the basis of sex by paying wages to an employee at a rate less than the rate at which the employer pays wages to another employee of the opposite sex for the same or substantially similar work on jobs the performance of which requires substantially similar skill, effort, and responsibility, and which are performed under similar working conditions.” 820 ILCS 112/10(a).
The IL EPA also provides that an employer may not “discriminate between employees by paying wages to an African-American employee at a rate less than the rate at which the employer pays wages to another employee who is not African-American for the same or substantially similar work...”
More simply put, an employer cannot pay an employee of one sex less than it pays an employee of another sex – or pay an employee who is African-American less than an employee of another race – for doing the same or substantially similar work.
While the IL EPA states that an employer may not discriminate in pay, the IL EPA should not be understood to be an anti-discrimination law like the Illinois Human Rights Act. The IL EPA is a wage statute that looks at what an employer pays employees of different sexes for the same work to determine if a violation exists. An employee need not allege or prove that an employer had any motive or intent to discriminate due to sex or race in pay.
For Unequal Pay issues, the term “employer” includes any individual, partnership, corporation, association, business, trust, person, or entity for whom employees are gainfully employed in Illinois, and includes the State of Illinois, any state officer, department, or agency, any unit of local government, and any school district. 820 ILCS 112/5.
The IL EPA does not apply to legitimate independent contractor work. 56 Ill. Adm. Code Section 320.130. In determining whether a person is an employee or independent contractor, IDOL considers the actual relationship between the person and the employer; designations and terminology they used, and the person’s status for tax purposes, are not controlling.
Because the question of who may be covered by the IL EPA Unequal Pay can depend on many facts, please view IDOL’s Frequently Asked Questions to get more information. Additionally, IDOL partnered with Women Employed to raise awareness of pay equity and equal pay rights among low-wage women workers, and you can click here for additional resources.