How The Illinois Equal Pay Act Cares About Women

sex discrimination

As a lawyer who regularly takes on equal pay cases, I am asked to explain how the Illinois Equal Pay Act of 2003, or IEPA, protects women in the workplace. At its core, the law is fair in that it provides women receive the same wages for performing substantially similar work as their male counterparts. In my experience, this law empowers women to stand up for themselves when they feel that they are receiving less pay because of their gender.Ā 

Wage Discrimination Based On Sex

The IEPA was designed to serve one major purpose: putting an end to wage discrimination based on sex. Under the Illinois Equal Pay Act, 820 ILCS 112/1, it is unlawful for any employer to pay women less than men for performing substantially the same work, which requires equal skill, effort, and responsibility under similar working conditions. Obviously, this does not mean that the title of the job has to be the same but rather the actual work performed. So, if you do substantially the same work as a male colleague and are paid less, then this law protects you.

But how does such protection apply in real life? The IEPA prohibits wage differentials except when an employer can establish that the pay disparity is based on valid factors such as a seniority system, a merit system, or a system that measures earnings by the quantity or quality of production. Employers may also defend a wage differential if it is based on education, experience, or training-related factorsā€”provided such factors are job-related and not gender-based.

Another important amendment to the act occurred in 2019. To this effect, among others, the IEPA prohibits employers from asking about your salary history. The provision under 820 ILCS 112/10(b) shields women who might have been subjected to lower salaries at their previous job than their worth from being penalized on their subsequent job. This means that no employer will base your salary on previous pay to remunerate you less than any other person in a similar capacity.

I have, through my practice, been in a position to witness how the law gets women up to stand against any unfair treatment. These women in Schaumburg or its outskirts, like DuPage, Kane, and Will Counties, come with complaints of receiving salaries less than their male counterparts. I tell them about the law that stands behind them. The IEPA provides a woman with the right to file grievances with the IDOL, which would, on its part, take this matter for investigation. Or, the women may sue their employer directly. You may be able to recover the pay you were unfairly denied, plus additional damages and attorney’s fees.

It is also interesting to note that retaliation under IEPA is forbidden. If you raise equal pay concerns or file a complaint, your employer may not retaliate against you by firing you, demoting you, or cutting your hours. The law protects one in which justice can be sought without punishment by employers for the loss of jobs.

If you believe you are being paid less than a male counterpart to perform the same work or are unsure, you don’t have to handle this on your own. The IEPA is one of the most powerful tools available for enforcing equal pay, and I’m committed to helping women enforce their rights under the statute.

Frequently Asked Questions About the Illinois Equal Pay Act

What Is “Substantially Similar Work” Under The Illinois Equal Pay Act?

Under the IEPA, “substantially similar work” is defined as work that requires similar skill, effort, and responsibility and is performed under similar working conditions. The jobs do not have to be identical in title or every minor detail, but what does matter is the core responsibilities and functions of the position. If you are doing similar work to a male colleague, even though your job titles may be different, you may have a claim for unequal pay if you are not getting the same wages.

Can My Employer Justify Paying Me Less Than A Male Colleague?

An employer can justify a wage differential if and only if the difference is based on any factor other than sex. These factors include a seniority system, a merit system, or a system that measures earnings by quantity or quality of work. They may also use factors like education, experience, or training, but only if those factors are directly related to the job and applied evenly across all employees.

What Do I Do If I Think I Am Being Paid Less Than A Male Colleague?

If you believe that you are being paid less than a male colleague for substantially similar work, begin by collecting information. Review your job description, duties, and pay. You may wish to discuss your concerns with human resources or management, but if you are uncomfortable or not sure of your situation, you should consider consulting an attorney. The Illinois Equal Pay Act provides you the right to file a complaint with the Illinois Department of Labor or to bring a lawsuit when necessary.

Can My Employer Ask Me About My Salary History?

No, it is a violation under the Illinois Equal Pay Act for any employer to ask about your salary history. It became law so that pay discrimination does not follow a woman throughout her career lifetime. Your last salary cannot be used now as an excuse to pay you less, which helps narrow the wage gap for females from one job to the other.

What If I File A Complaint Under The Illinois Equal Pay Act?

You can file a complaint with the Illinois Department of Labor, and they will investigate your claim. If the IDOL finds any evidence of unequal pay, then they might order your employer to bring your pay up to equal your coworkers and provide you with all wages lost as a result of the pay inequality. You may also be entitled to other damages and attorney’s fees as well. You can also avoid using the IDOL process and just directly file a lawsuit in the courts if that is what you prefer.

Call Our Illinois Equal Pay Act Lawyer For Your Free Consultation

If you feel that you are receiving lower pay than a male coworker for substantially similar work, it is essential to understand your rights under the Illinois Equal Pay Act. As a Schaumburg Equal Pay Act attorney, I am here to help you with these complex issues and ensure you receive the compensation to which you are entitled. You do not have to accept unequal pay. Contact my office today to discuss your situation and options for moving forward.

Are you a victim of wage discrimination, or do you think your wages are being affected by your gender? The Law Office of Michael Smith is here to help. Proudly serving our clients in Schaumburg and Chicago, serving DuPage, Kane, and Will Counties. Contact our Illinois Equal Pay Act lawyer at the Law Office of Michael Smith by calling (847) 450-1103 to receive your free consultation. Stop waiting and take that first step to get paid the way you deserve today.