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1		AN ACT concerning human rights.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Freedom of Information Act is amended by
5		changing Section 7.5, as amended by Public Act 101-656, as
6		follows:
7		(5 ILCS 140/7.5)
8		Sec. 7.5. Statutory exemptions. To the extent provided for
9		by the statutes referenced below, the following shall be
10		exempt from inspection and copying:
11		(a) All information determined to be confidential
12		under Section 4002 of the Technology Advancement and
13		Development Act.
14		(b) Library circulation and order records identifying
15		library users with specific materials under the Library
16		Records Confidentiality Act.
17		(c) Applications, related documents, and medical
18		records received by the Experimental Organ Transplantation
19		Procedures Board and any and all documents or other
20		records prepared by the Experimental Organ Transplantation
21		Procedures Board or its staff relating to applications it
22		has received.
23		(d) Information and records held by the Department of

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1		Public Health and its authorized representatives relating
2		to known or suspected cases of sexually transmissible
3		disease or any information the disclosure of which is
4		restricted under the Illinois Sexually Transmissible
5		Disease Control Act.
6		(e) Information the disclosure of which is exempted
7		under Section 30 of the Radon Industry Licensing Act.
8		(f) Firm performance evaluations under Section 55 of
9		the Architectural, Engineering, and Land Surveying
10		Qualifications Based Selection Act.
11		(g) Information the disclosure of which is restricted
12		and exempted under Section 50 of the Illinois Prepaid
13		Tuition Act.
14		(h) Information the disclosure of which is exempted
15		under the State Officials and Employees Ethics Act, and
16		records of any lawfully created State or local inspector
17		general's office that would be exempt if created or
18		obtained by an Executive Inspector General's office under
19		that Act.
20		(i) Information contained in a local emergency energy
21		plan submitted to a municipality in accordance with a
22		local emergency energy plan ordinance that is adopted
23		under Section 11-21.5-5 of the Illinois Municipal Code.
24		(j) Information and data concerning the distribution
25		of surcharge moneys collected and remitted by carriers
26		under the Emergency Telephone System Act.

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1		(k) Law enforcement officer identification information
2		or driver identification information compiled by a law
3		enforcement agency or the Department of Transportation
4		under Section 11-212 of the Illinois Vehicle Code.
5		(l) Records and information provided to a residential
6		health care facility resident sexual assault and death
7		review team or the Executive Council under the Abuse
8		Prevention Review Team Act.
9		(m) Information provided to the predatory lending
10		database created pursuant to Article 3 of the Residential
11		Real Property Disclosure Act, except to the extent
12		authorized under that Article.
13		(n) Defense budgets and petitions for certification of
14		compensation and expenses for court appointed trial
15		counsel as provided under Sections 10 and 15 of the
16		Capital Crimes Litigation Act. This subsection (n) shall
17		apply until the conclusion of the trial of the case, even
18		if the prosecution chooses not to pursue the death penalty
19		prior to trial or sentencing.
20		(o) Information that is prohibited from being
21		disclosed under Section 4 of the Illinois Health and
22		Hazardous Substances Registry Act.
23		(p) Security portions of system safety program plans,
24		investigation reports, surveys, schedules, lists, data, or
25		information compiled, collected, or prepared by or for the
26		Regional Transportation Authority under Section 2.11 of

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1		the Regional Transportation Authority Act or the St. Clair
2		County Transit District under the Bi-State Transit Safety
3		Act.
4		(q) Information prohibited from being disclosed by the
5		Personnel Record Review Act.
6		(r) Information prohibited from being disclosed by the
7		Illinois School Student Records Act.
8		(s) Information the disclosure of which is restricted
9		under Section 5-108 of the Public Utilities Act.
10		(t) All identified or deidentified health information
11		in the form of health data or medical records contained
12		in, stored in, submitted to, transferred by, or released
13		from the Illinois Health Information Exchange, and
14		identified or deidentified health information in the form
15		of health data and medical records of the Illinois Health
16		Information Exchange in the possession of the Illinois
17		Health Information Exchange Office due to its
18		administration of the Illinois Health Information
19		Exchange. The terms "identified" and "deidentified" shall
20		be given the same meaning as in the Health Insurance
21		Portability and Accountability Act of 1996, Public Law
22		104-191, or any subsequent amendments thereto, and any
23		regulations promulgated thereunder.
24		(u) Records and information provided to an independent
25		team of experts under the Developmental Disability and
26		Mental Health Safety Act (also known as Brian's Law).

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1		(v) Names and information of people who have applied
2		for or received Firearm Owner's Identification Cards under
3		the Firearm Owners Identification Card Act or applied for
4		or received a concealed carry license under the Firearm
5		Concealed Carry Act, unless otherwise authorized by the
6		Firearm Concealed Carry Act; and databases under the
7		Firearm Concealed Carry Act, records of the Concealed
8		Carry Licensing Review Board under the Firearm Concealed
9		Carry Act, and law enforcement agency objections under the
10		Firearm Concealed Carry Act.
11		(w) Personally identifiable information which is
12		exempted from disclosure under subsection (g) of Section
13		19.1 of the Toll Highway Act.
14		(x) Information which is exempted from disclosure
15		under Section 5-1014.3 of the Counties Code or Section
16		8-11-21 of the Illinois Municipal Code.
17		(y) Confidential information under the Adult
18		Protective Services Act and its predecessor enabling
19		statute, the Elder Abuse and Neglect Act, including
20		information about the identity and administrative finding
21		against any caregiver of a verified and substantiated
22		decision of abuse, neglect, or financial exploitation of
23		an eligible adult maintained in the Registry established
24		under Section 7.5 of the Adult Protective Services Act.
25		(z) Records and information provided to a fatality
26		review team or the Illinois Fatality Review Team Advisory

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1		Council under Section 15 of the Adult Protective Services
2		Act.
3		(aa) Information which is exempted from disclosure
4		under Section 2.37 of the Wildlife Code.
5		(bb) Information which is or was prohibited from
6		disclosure by the Juvenile Court Act of 1987.
7		(cc) Recordings made under the Law Enforcement
8		Officer-Worn Body Camera Act, except to the extent
9		authorized under that Act.
10		(dd) Information that is prohibited from being
11		disclosed under Section 45 of the Condominium and Common
12		Interest Community Ombudsperson Act.
13		(ee) Information that is exempted from disclosure
14		under Section 30.1 of the Pharmacy Practice Act.
15		(ff) Information that is exempted from disclosure
16		under the Revised Uniform Unclaimed Property Act.
17		(gg) Information that is prohibited from being
18		disclosed under Section 7-603.5 of the Illinois Vehicle
19		Code.
20		(hh) Records that are exempt from disclosure under
21		Section 1A-16.7 of the Election Code.
22		(ii) Information which is exempted from disclosure
23		under Section 2505-800 of the Department of Revenue Law of
24		the Civil Administrative Code of Illinois.
25		(jj) Information and reports that are required to be
26		submitted to the Department of Labor by registering day

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1		and temporary labor service agencies but are exempt from
2		disclosure under subsection (a-1) of Section 45 of the Day
3		and Temporary Labor Services Act.
4		(kk) Information prohibited from disclosure under the
5		Seizure and Forfeiture Reporting Act.
6		(ll) Information the disclosure of which is restricted
7		and exempted under Section 5-30.8 of the Illinois Public
8		Aid Code.
9		(mm) Records that are exempt from disclosure under
10		Section 4.2 of the Crime Victims Compensation Act.
11		(nn) Information that is exempt from disclosure under
12		Section 70 of the Higher Education Student Assistance Act.
13		(oo) Communications, notes, records, and reports
14		arising out of a peer support counseling session
15		prohibited from disclosure under the First Responders
16		Suicide Prevention Act.
17		(pp) Names and all identifying information relating to
18		an employee of an emergency services provider or law
19		enforcement agency under the First Responders Suicide
20		Prevention Act.
21		(qq) Information and records held by the Department of
22		Public Health and its authorized representatives collected
23		under the Reproductive Health Act.
24		(rr) Information that is exempt from disclosure under
25		the Cannabis Regulation and Tax Act.
26		(ss) Data reported by an employer to the Department of

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1		Human Rights pursuant to Section 2-108 of the Illinois
2		Human Rights Act.
3		(tt) Recordings made under the Children's Advocacy
4		Center Act, except to the extent authorized under that
5		Act.
6		(uu) Information that is exempt from disclosure under
7		Section 50 of the Sexual Assault Evidence Submission Act.
8		(vv) Information that is exempt from disclosure under
9		subsections (f) and (j) of Section 5-36 of the Illinois
10		Public Aid Code.
11		(ww) Information that is exempt from disclosure under
12		Section 16.8 of the State Treasurer Act.
13		(xx) Information that is exempt from disclosure or
14		information that shall not be made public under the
15		Illinois Insurance Code.
16		(yy) Information prohibited from being disclosed under
17		the Illinois Educational Labor Relations Act.
18		(zz) Information prohibited from being disclosed under
19		the Illinois Public Labor Relations Act.
20		(aaa) Information prohibited from being disclosed
21		under Section 1-167 of the Illinois Pension Code.
22		(bbb) Information that is exempt from disclosure under
23		subsection (k) of Section 11 of the Equal Pay Act of 2003.
24		(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
25		100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
26		8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

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1		eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
2		100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
3		6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
4		eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
5		101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
6		1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
7		eff. 7-7-20; 101-656, eff. 3-23-21.)
8		Section 10. The Equal Pay Act of 2003 is amended by
9		changing Sections 11 and 30 as follows:
10		(820 ILCS 112/11)
11		Sec. 11. Equal pay registration certificate requirements;
12		application. For the purposes of this Section 11 only,
13		"business" means any private employer who has more than 100
14		employees in the State of Illinois and is required to file an
15		Annual Employer Information Report EEO-1 with the Equal
16		Employment Opportunity Commission, but , and does not include
17		the State of Illinois or any political subdivision, municipal
18		corporation, or other governmental unit or agency.
19		(a) A business must obtain an equal pay registration
20		certificate from the Department or certify in writing that it
21		is exempt.
22		(b) Any business subject to the requirements of this
23		Section that is authorized to transact business in this State
24		on March 23, 2021 shall submit an application to obtain an

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1		equal pay registration certificate, between March 24, 2022 and
2		March 23, 2024, and must recertify every 2 years thereafter.
3		Any business subject to the requirements of this Section that
4		is authorized to transact business in this State after March
5		23, 2021 must submit an application to obtain an equal pay
6		registration certificate within 3 years of commencing business
7		operations, but not before January 1, 2024, and must recertify
8		every 2 years thereafter. The Department shall collect contact
9		information from each business subject to this Section. The
10		Department shall assign each business a date by which it must
11		submit an application to obtain an equal pay registration
12		certificate. The business shall recertify every 2 years at a
13		date to be determined by the Department. When a business
14		receives a notice from the Department to recertify for its
15		equal pay registration certificate, if the business has fewer
16		than 100 employees, the business must certify in writing to
17		the Department that it is exempt from this Section. Any new
18		business that is subject to this Section and authorized to
19		conduct business in this State, after the effective date of
20		this amendatory Act of the 102nd General Assembly, shall
21		submit its contact information to the Department by January 1
22		of the following year and shall be assigned a date by which it
23		must submit an application to obtain an equal pay registration
24		certificate. The Department's failure to assign a business a
25		registration date does not exempt the business from compliance
26		with this Section. The failure of the Department to notify a

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1		business of its recertification deadline may be a mitigating
2		factor when making a determination of a violation of this
3		Section the effective date of this amendatory Act of the 101st
4		General Assembly must obtain an equal pay registration
5		certificate within 3 years after the effective date of this
6		amendatory Act of the 101st General Assembly and must
7		recertify every 2 years thereafter. Any business subject to
8		the requirements of this Section that is authorized to
9		transact business in this State after the effective date of
10		this amendatory Act of the 101st General Assembly must obtain
11		an equal pay registration certificate within 3 years of
12		commencing business operations and must recertify every 2
13		years thereafter.
14		(c) Application.
15		(1) A business shall apply for an equal pay
16		registration certificate by paying a $150 filing fee and
17		submitting wage records and an equal pay compliance
18		statement to the Director as follows:
19		(A) Wage Records. Any business that is required to
20		file an annual Employer Information Report EEO-1 with
21		the Equal Employment Opportunity Commission must also
22		submit to the Director a copy of the business's most
23		recently filed Employer Information Report EEO-1. The
24		business shall also compile a list of all employees
25		during the past calendar year, separated by gender and
26		the race and ethnicity categories as reported in the

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1		business's most recently filed Employer Information
2		Report EEO-1, and the county in which the employee
3		works, the date the employee started working for the
4		business, any other information the Department deems
5		necessary to determine if pay equity exists among
6		employees, and report the total wages as defined by
7		Section 2 of the Illinois Wage Payment and Collection
8		Act paid to each employee during the past calendar
9		year, rounded to the nearest $100, to the Director.
10		(B) Equal Pay Compliance Statement. The business
11		must submit a statement signed by a corporate officer,
12		legal counsel, or authorized agent of the business
13		certifying:
14		(i) that the business is in compliance with
15		this Act and other relevant laws, including but
16		not limited to: Title VII of the Civil Rights Act
17		of 1964, the Equal Pay Act of 1963, the Illinois
18		Human Rights Act, and the Equal Wage Act;
19		(ii) that the average compensation for its
20		female and minority employees is not consistently
21		below the average compensation, as determined by
22		rule by the United States Department of Labor, for
23		its male and non-minority employees within each of
24		the major job categories in the Employer
25		Information Report EEO-1 for which an employee is
26		expected to perform work, taking into account

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1		factors such as length of service, requirements of
2		specific jobs, experience, skill, effort,
3		responsibility, working conditions of the job,
4		education or training, job location, use of a
5		collective bargaining agreement, or other
6		mitigating factors; as used in this subparagraph,
7		"minority" has the meaning ascribed to that term
8		in paragraph (1) of subsection (A) of Section 2 of
9		the Business Enterprise for Minorities, Women, and
10		Persons with Disabilities Act;
11		(iii) that the business does not restrict
12		employees of one sex to certain job
13		classifications, and makes retention and promotion
14		decisions without regard to sex;
15		(iv) that wage and benefit disparities are
16		corrected when identified to ensure compliance
17		with the Acts cited in item (i);
18		(v) how often wages and benefits are
19		evaluated; and
20		(vi) the approach the business takes in
21		determining what level of wages and benefits to
22		pay its employees; acceptable approaches include,
23		but are not limited to, a wage and salary survey.
24		(C) Filing fee. The business shall pay to the
25		Department a filing fee of $150. Proceeds an equal pay
26		compliance statement to the Director. Any business

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1		that is required to file an annual Employer
2		Information Report EEO-1 with the Equal Employment
3		Opportunity Commission must also submit to the
4		Director a copy of the business's most recently filed
5		Employer Information Report EEO-1 for each county in
6		which the business has a facility or employees. The
7		business shall also compile, from records maintained
8		and available, a list of all employees during the past
9		calendar year, separated by gender and the race and
10		ethnicity categories as reported in the business's
11		most recently filed Employer Information Report EEO-1,
12		and report the total wages as defined by Section 2 of
13		the Illinois Wage Payment and Collection Act paid to
14		each employee during the past calendar year, rounded
15		to the nearest hundred dollar, to the Director. The
16		proceeds from the fees collected under this Section
17		shall be deposited into the Equal Pay Registration
18		Fund, a special fund created in the State treasury.
19		Moneys in the Fund shall be appropriated to the
20		Department for the purposes of this Section. The
21		Director shall issue an equal pay registration
22		certificate to a business that submits to the Director
23		a statement signed by a corporate officer, legal
24		counsel, or authorized agent of the business:
25		(2) Receipt of the equal pay compliance application
26		and statement by the Director does not establish

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1		compliance with the Acts set forth in item (i) of
2		subparagraph (B) of paragraph (1) of this subsection (c).
3		(A) that the business is in compliance with Title
4		VII of the Civil Rights Act of 1964, the Equal Pay Act
5		of 1963, the Illinois Human Rights Act, the Equal Wage
6		Act, and the Equal Pay Act of 2003;
7		(B) that the average compensation for its female
8		and minority employees is not consistently below the
9		average compensation, as determined by rule by the
10		United States Department of Labor, for its male and
11		non-minority employees within each of the major job
12		categories in the Employer Information Report EEO-1
13		for which an employee is expected to perform work
14		under the contract, taking into account factors such
15		as length of service, requirements of specific jobs,
16		experience, skill, effort, responsibility, working
17		conditions of the job, or other mitigating factors; as
18		used in this subparagraph, "minority" has the meaning
19		ascribed to that term in paragraph (1) of subsection
20		(A) of Section 2 of the Business Enterprise for
21		Minorities, Women, and Persons with Disabilities Act;
22		(C) that the business does not restrict employees
23		of one sex to certain job classifications and makes
24		retention and promotion decisions without regard to
25		sex;
26		(D) that wage and benefit disparities are

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1		corrected when identified to ensure compliance with
2		the Acts cited in subparagraph (A) and with
3		subparagraph (B); and
4		(E) how often wages and benefits are evaluated to
5		ensure compliance with the Acts cited in subparagraph
6		(A) and with subparagraph (B).
7		(2) The equal pay compliance statement shall also
8		indicate whether the business, in setting compensation and
9		benefits, utilizes:
10		(A) a market pricing approach;
11		(B) State prevailing wage or union contract
12		requirements;
13		(C) a performance pay system;
14		(D) an internal analysis; or
15		(E) an alternative approach to determine what
16		level of wages and benefits to pay its employees. If
17		the business uses an alternative approach, the
18		business must provide a description of its approach.
19		(3) Receipt of the equal pay compliance statement by
20		the Director does not establish compliance with the Acts
21		set forth in subparagraph (A).
22		(3) A business that has employees in multiple
23		locations or facilities in Illinois shall submit a single
24		application to the Department regarding all of its
25		operations in Illinois.
26		(d) Issuance or rejection of registration certificate.

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1		After January 1, 2022, the Director must issue an equal pay
2		registration certificate, or a statement of why the
3		application was rejected, within 45 calendar days of receipt
4		of the application. Applicants shall have the opportunity to
5		cure any deficiencies in its application that led to the
6		rejection, and re-submit the revised application to the
7		Department within 30 calendar days of receiving a rejection.
8		Applicants shall have the ability to appeal rejected
9		applications. An application may be rejected only if it does
10		not comply with the requirements of subsection (c), or the
11		business is otherwise found to be in violation of this Act. The
12		receipt of an application by the Department, or the issuance
13		of a registration certificate by the Department, shall not
14		establish compliance with the Equal Pay Act of 2003 as to all
15		Sections except Section 11. The issuance of a registration
16		certificate shall not be a defense against any Equal Pay Act
17		violation found by the Department, nor a basis for mitigation
18		of damages. The Director must issue an equal pay registration
19		certificate, or a statement of why the application was
20		rejected, within 45 calendar days of receipt of the
21		application. An application may be rejected only if it does
22		not comply with the requirements of subsection (c). The
23		receipt of an application by the Department, or the issuance
24		of a registration certificate by the Department, shall not
25		establish compliance of the Equal Pay Act of 2003 as to all
26		Sections except Section 11. The issuance of a registration

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1		certificate shall not be a defense against any Equal Pay Act
2		violation found by the Department, nor a basis for mitigation
3		of damages.
4		(e) Revocation of registration certificate. An equal pay
5		registration certificate for a business may be suspended or
6		revoked by the Director when the business fails to make a good
7		faith effort to comply with the Acts identified in item (i) of
8		subparagraph (B) of paragraph (1) of subsection (c), fails to
9		make a good faith effort to comply with this Section, or has
10		multiple violations of this Section or the Acts identified in
11		item (i) of subparagraph (B) of paragraph (1) of subsection
12		(c). Prior to suspending or revoking a registration
13		certificate, the Director must first have sought to conciliate
14		with the business regarding wages and benefits due to
15		employees.
16		Consistent with Section 25, prior to or in connection with
17		the suspension or revocation of an equal pay registration
18		certificate, the Director, or his or her authorized
19		representative, may interview workers, administer oaths, take
20		or cause to be taken the depositions of witnesses, and require
21		by subpoena the attendance and testimony of witnesses, and the
22		production of personnel and compensation information relative
23		to the matter under investigation, hearing or a
24		department-initiated audit. subparagraph (A) of paragraph (1)
25		of subsection (c), fails to make a good faith effort to comply
26		with this Section, or has multiple violations of this Section

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1		or the Acts identified in subparagraph (A) of paragraph (1) of
2		subsection (c). Prior to suspending or revoking a registration
3		certificate, the Director must first have sought to conciliate
4		with the business regarding wages and benefits due to
5		employees.
6		The Director, or his or her authorized representative, may
7		interview workers, administer oaths, take or cause to be taken
8		the depositions of witnesses, and require by subpoena the
9		attendance and testimony of witnesses, and the production of
10		all books, records, and other evidence relative to the matter
11		under investigation or hearing. Such subpoena shall be signed
12		and issued by the Director or his or her authorized
13		representative.
14		Upon request by the Director or his or her deputies or
15		agents, records shall be copied and submitted for evidence at
16		no cost to the Department. Every employer upon request shall
17		furnish to the Director or his or her authorized
18		representative, on demand, a sworn statement of the accuracy
19		of the records. Any employer who refuses to furnish a sworn
20		statement of the records is in violation of this Act.
21		In case of failure of any person to comply with any
22		subpoena lawfully issued under this Section or on the refusal
23		of any witness to produce evidence or to testify to any matter
24		regarding which he or she may be lawfully interrogated, it is
25		the duty of any circuit court, upon application of the
26		Director or his or her authorized representative, to compel

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1		obedience by proceedings for contempt, as in the case of
2		disobedience of the requirements of a subpoena issued by such
3		court or a refusal to testify therein. The Director may
4		certify to official acts.
5		Neither the Department nor the Director shall be held
6		liable for good faith errors in issuing, denying, suspending
7		or revoking certificates.
8		(f) Administrative review. A business may obtain an
9		administrative hearing in accordance with the Illinois
10		Administrative Procedure Act before the suspension or
11		revocation of its certificate or imposition of civil penalties
12		as provided by subsection (i) is effective by filing a written
13		request for hearing within 20 calendar days after service of
14		notice by the Director.
15		(1) A business may obtain an administrative hearing in
16		accordance with the Illinois Administrative Procedure Act
17		before the suspension or revocation of its certificate is
18		effective by filing a written request for hearing within
19		20 calendar days after service of notice by the Director.
20		(2) A business may obtain an administrative hearing in
21		accordance with the Illinois Administrative Procedure Act
22		before the contract award entity's abridgement or
23		termination of a contract is effective by filing a written
24		request for a hearing 20 calendar days after service of
25		notice by the contract award entity.
26		(g) Technical assistance. The Director must provide

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1		technical assistance to any business that requests assistance
2		regarding this Section.
3		(h) Audit. The Director may audit the business's
4		compliance with this Section. As part of an audit, upon
5		request, a business must provide the Director the following
6		information with respect to employees expected to perform work
7		under the contract in each of the major job categories in the
8		Employer Information Report EEO-1:
9		(1) number of male employees;
10		(2) number of female employees;
11		(3) average annualized salaries paid to male employees
12		and to female employees, in the manner most consistent
13		with the employer's compensation system, within each major
14		job category;
15		(4) information on performance payments, benefits, or
16		other elements of compensation, in the manner most
17		consistent with the employer's compensation system, if
18		requested by the Director as part of a determination as to
19		whether these elements of compensation are different for
20		male and female employees;
21		(5) average length of service for male and female
22		employees in each major job category; and
23		(6) other information identified by the business or by
24		the Director, as needed, to determine compliance with
25		items specified in paragraph (1) of subsection (c).
26		(h) (i) Access to data.

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1		(1) Any individually identifiable information
2		submitted to the Director within or related to an equal
3		pay registration application or otherwise provided by an
4		employer in its equal pay compliance statement under
5		subsection (c) shall be considered confidential
6		information and not subject to disclosure pursuant to the
7		Illinois Freedom of Information Act. As used in this
8		Section, "individually identifiable information" means
9		data submitted pursuant to this Section that is associated
10		with a specific person or business. Aggregate data or
11		reports that are reasonably calculated to prevent the
12		association of any data with any individual business or
13		person are not confidential information. Aggregate data
14		shall include the job category and the average hourly wage
15		by county for each gender, race, and ethnicity category on
16		the registration certificate applications. The Department
17		of Labor may compile aggregate data from registration
18		certificate applications.
19		(2) The Director's decision to issue, not issue,
20		revoke, or suspend an equal pay registration certificate
21		is public information.
22		(3) Notwithstanding this subsection (h), a current
23		employee of a covered business may request anonymized data
24		regarding their job classification or title and the pay
25		for that classification. No individually identifiable
26		information may be provided to an employee making a

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1		request under this paragraph.
2		(4) Notwithstanding this subsection (h), the
3		Department may share data and identifiable information
4		with the Department of Human Rights, pursuant to its
5		enforcement of Article 2 of the Illinois Human Rights Act,
6		or the Office of the Attorney General, pursuant to its
7		enforcement of Section 10-104 of the Illinois Human Rights
8		Act.
9		(5) Any Department employee who willfully and
10		knowingly divulges, except in accordance with a proper
11		judicial order or otherwise provided by law, confidential
12		information received by the Department from any business
13		pursuant to this Act shall be deemed to have violated the
14		State Officials and Employees Ethics Act and be subject to
15		the penalties established under subsections (e) and (f) of
16		Section 50-5 of that Act after investigation and
17		opportunity for hearing before the Executive Ethics
18		Commission in accordance with Section 20-50 of that Act.
19		Data submitted to the Director related to equal pay
20		registration certificates or otherwise provided by an employer
21		in its equal pay compliance statement under subsection (c) are
22		private data on individuals or nonpublic data with respect to
23		persons other than Department employees. The Director's
24		decision to issue, not issue, revoke, or suspend an equal pay
25		registration certificate is public data.
26		(i) (j) Penalty. The Department shall impose on any

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1		business that does not obtain an equal pay registration
2		certificate as required under this Section, or whose equal pay
3		registration certificate is suspended or revoked after a
4		Department investigation, a civil penalty in an amount equal
5		to 1% of the business's gross profits. Falsification or
6		misrepresentation of information on an application submitted
7		to the Department shall constitute a violation of this Act and
8		the Department may seek to suspend or revoke an equal pay
9		registration certificate or impose civil penalties as provided
10		under subsection (c) of Section 30.
11		(k) Whistleblower protection. As used in this subsection,
12		"retaliatory action" means the reprimand, discharge,
13		suspension, demotion, denial of promotion or transfer, or
14		change in the terms and conditions of employment of any
15		employee of a business that is taken in retaliation for the
16		employee's involvement in a protected activity.
17		(1) A business shall not take any retaliatory action
18		against an employee of the business because the employee
19		does any of the following:
20		(A) Discloses or threatens to disclose to a
21		supervisor or to a public body an activity, inaction,
22		policy, or practice implemented by a business that the
23		employee reasonably believes is in violation of a law,
24		rule, or regulation.
25		(B) Provides information to or testifies before
26		any public body conducting an investigation, hearing,

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1		or inquiry into any violation of a law, rule, or
2		regulation by a nursing home administrator.
3		(C) Assists or participates in a proceeding to
4		enforce the provisions of this Act.
5		(2) A violation of this subsection (k) may be
6		established only upon a finding that (i) the employee of
7		the business engaged in conduct described in paragraph (1)
8		of this subsection and (ii) this conduct was a
9		contributing factor in the retaliatory action alleged by
10		the employee. There is no violation of this Section,
11		however, if the business demonstrates by clear and
12		convincing evidence that it would have taken the same
13		unfavorable personnel action in the absence of that
14		conduct.
15		(3) The employee of the business may be awarded all
16		remedies necessary to make the employee whole and to
17		prevent future violations of this Section. Remedies
18		imposed by the court may include, but are not limited to,
19		all of the following:
20		(A) Reinstatement of the employee to either the
21		same position held before the retaliatory action or to
22		an equivalent position.
23		(B) Two times the amount of back pay.
24		(C) Interest on the back pay.
25		(D) Reinstatement of full fringe benefits and
26		seniority rights.

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1		(E) Payment of reasonable costs and attorney's
2		fees.
3		(4) Nothing in this Section shall be deemed to
4		diminish the rights, privileges, or remedies of an
5		employee of a business under any other federal or State
6		law, rule, or regulation or under any employment contract.
7		(Source: P.A. 101-656, eff. 3-23-21.)
8		(820 ILCS 112/30)
9		Sec. 30. Violations; fines and penalties.
10		(a) If an employee is paid by his or her employer less than
11		the wage to which he or she is entitled in violation of Section
12		10 or 11 of this Act, the employee may recover in a civil
13		action the entire amount of any underpayment together with
14		interest, compensatory damages if the employee demonstrates
15		that the employer acted with malice or reckless indifference,
16		punitive damages as may be appropriate, injunctive relief as
17		may be appropriate, and the costs and reasonable attorney's
18		fees as may be allowed by the court and as necessary to make
19		the employee whole. At the request of the employee or on a
20		motion of the Director, the Department may make an assignment
21		of the wage claim in trust for the assigning employee and may
22		bring any legal action necessary to collect the claim, and the
23		employer shall be required to pay the costs incurred in
24		collecting the claim. Every such action shall be brought
25		within 5 years from the date of the underpayment. For purposes

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1		of this Act, "date of the underpayment" means each time wages
2		are underpaid.
3		(a-5) If an employer violates subsection (b), (b-5),
4		(b-10), or (b-20) of Section 10, the employee may recover in a
5		civil action any damages incurred, special damages not to
6		exceed $10,000, injunctive relief as may be appropriate, and
7		costs and reasonable attorney's fees as may be allowed by the
8		court and as necessary to make the employee whole. If special
9		damages are available, an employee may recover compensatory
10		damages only to the extent such damages exceed the amount of
11		special damages. Such action shall be brought within 5 years
12		from the date of the violation.
13		(b) The Director is authorized to supervise the payment of
14		the unpaid wages under subsection (a) or damages under
15		subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing
16		to any employee or employees under this Act and may bring any
17		legal action necessary to recover the amount of unpaid wages,
18		damages, and penalties or to seek injunctive relief, and the
19		employer shall be required to pay the costs. Any sums
20		recovered by the Director on behalf of an employee under this
21		Section shall be paid to the employee or employees affected.
22		(c) Employers who violate any provision of this Act or any
23		rule adopted under the Act are subject to a civil penalty for
24		each employee affected as follows:
25		(1) An employer with fewer than 4 employees: first
26		offense, a fine not to exceed $500; second offense, a fine

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1		not to exceed $2,500; third or subsequent offense, a fine
2		not to exceed $5,000.
3		(2) An employer with between 4 and 99 4 or more
4		employees: first offense, a fine not to exceed $2,500;
5		second offense, a fine not to exceed $3,000; third or
6		subsequent offense, a fine not to exceed $5,000.
7		(3) An employer with 100 or more employees who
8		violates any Section of this Act except for Section 11
9		shall be fined up to $10,000 per employee affected. An
10		employer with 100 or more employees that is a business as
11		defined under Section 11 and commits a violation of
12		Section 11 shall be fined up to $10,000.
13		Before any imposition of a penalty under this subsection,
14		an employer with 100 or more employees who violates item (b) of
15		Section 11 and inadvertently fails to file an initial
16		application or recertification shall be provided 30 calendar
17		days by the Department to submit the application or
18		recertification.
19		An employer or person who violates subsection (b), (b-5),
20		(b-10), (b-20), or (c) of Section 10 is subject to a civil
21		penalty not to exceed $5,000 for each violation for each
22		employee affected.
23		(d) In determining the amount of the penalty, the
24		appropriateness of the penalty to the size of the business of
25		the employer charged and the gravity of the violation shall be
26		considered. The penalty may be recovered in a civil action

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1		brought by the Director in any circuit court.
2		(Source: P.A. 101-177, eff. 9-29-19.)