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Women are
76%
more likely to
live in poverty
than white men in
Illinois
Single-woman led households are at the
highest risk
of poverty in
Illinois
In
Illinois
, women earn
$0.69
for every dollar a white man makes
Women in
Illinois
are
74%
more likely to earn
minimum wage
than white men
Women in
Illinois
are
76%
more likely to earn a
tipped wage
than white men
In
Illinois
, at least
70%
of women are essential to the financial security of their household
The Equal Pay Act in Illinois requires equal pay for the same or substantially similar work based on sex and for African-American employees.[1]
a. Affirmative Defenses: To justify a pay disparity, an employer can assert that it was based on: seniority system, merit system, a system that measures earnings by quantity or quality of production, and a differential based on a factor other than sex, race, or a factor that would be considered unlawful discrimination under the Illinois Human Rights Act, provided that the factor is not based on or derived from a differential in compensation based on sex, race, or another protected characteristic, is job-related with regard to the position and consistent with a business necessity, and accounts for the differential.[2]
b. Retaliation: Employers cannot interfere with, restrain, or deny the exercise of or your attempt to exercise your rights under the Illinois Equal Pay Act or retaliate against you for encouraging any person to exercise their rights under the Illinois Equal Pay Act.[3] Employers cannot discharge or discriminate against you because you have filed a charge or have instituted or caused to be instituted a proceeding to the state’s Equal Pay Act, have or will provide information relating to a proceeding, testified or are about to testify in a related proceeding, or failed to comply with any wage or salary history inquiry.[4]
[1] 820 Ill. Comp. Stat. 112/10 (2024).
[2] 820 Ill. Comp. Stat. 112/10 (2024).
[3] 820 Ill. Comp. Stat. 112/10 (2024).
[4] 820 Ill. Comp. Stat. 112/10 (2024).
Yes. The law in Illinois covers sex but also extends protections to African-American employees. The state law requires equal pay for “the same or substantially similar work” instead of equal pay for “equal work.” The law also narrows possible affirmative defenses by cross-referencing the Illinois Human Rights Act, and incorporating unlawful discrimination based on sex, race, and “another protected characteristic.”[1]
[1] 820 Ill. Comp. Stat. 112/10 (2024).
Yes. Effective January 1, 2025, all Illinois employers with 15 or more employees must include the pay scale and benefits in job postings.[1] If there is no job posting or one has not been provided to the applicant, then the employer must disclose the pay scale and benefits to be offered before making the job offer or discussing compensation with the applicant.[2]
[1] 820 Ill. Comp. Stat. 112/10 (2025).
[2] 820 Ill. Comp. Stat. 112/10 (2025).
Yes. Employers and employment agencies cannot screen job applicants based on a candidate’s current or prior wages or salary history, including benefits and other forms of compensation, require that your wage or salary history satisfy minimum or maximum criteria, request or require your wage or salary history as a condition for consideration of employment, including interviews, as a condition of employment or compensation, or ask or require that you disclose your wage or salary history as a condition of employment.[1]
[1] 820 Ill. Comp. Stat. 112/10 (2024).
Yes. Employers cannot discharge or discriminate against you for inquiring about, disclosing, comparing, or discussing your wages or the wages of another employee. Further, employers cannot require you to sign a contract or waiver that would prohibit you from disclosing or discussing information about your wages, salary, benefits, or other compensation.[1]
[1] 820 Ill. Comp. Stat. 112/10 (2024).
Yes. A private employer with 100 or more employees that is required to file an EEO-1 with the federal Equal Employment Opportunity Commission must apply for an Equal Pay Registration Certificate from the Illinois Department of Labor. To do so, the employer must provide employee demographic and wage records and a statement certifying that they are in compliance with the Illinois Equal Pay Act as well as other state and federal laws related to equal pay.[1]
[1] 820 Ill. Comp. Stat. 112/11 (2024).
Yes. The Illinois minimum wage is above the federal minimum, and will increase $1 per year until it reaches $15 in 2025.[1] Employers who violate minimum wage requirements may be liable for treble the amount of the underpayment, costs, attorney’s fees, and damages.[2]
[1] 820 Ill. Comp. Stat. 105/4 (2024).
[2] 820 Ill. Comp. Stat. 105/12 (2024).
No. Employers can pay certain tipped workers in the hospitality industry less than the minimum wage.[1] Additionally, employers can pay employees under 18 years of age who have not worked more than 650 hours during the calendar year and, in certain circumstances, people with disabilities less than minimum wage.[2]
[1] 820 Ill. Comp. Stat. 105/4 (2024).
[2] 820 Ill. Comp. Stat. 105/4; 820 Ill. Comp. Stat. 105/5 (2024).
Yes. Wages of executives, administration, and professional employees must be paid at least once a month, and other workers must be paid at least semi-monthly.[1] Commissions must also be paid once a month.[2]
[1] 820 Ill. Comp. Stat. 115/3 (2024).
[2] 820 Ill. Comp. Stat. 115/3 (2024).
Yes. Employers must notify employees at the time of hiring the rate of pay and the time and place of payment. Notification shall be in writing and acknowledged by both parties, when possible. Employers must also notify employees of any changes in payment prior to the time of change and provide each employee with an itemized statement of deductions made from their wages for each pay period. In addition, employers must post notices indicating the regular pay days and the place and time for payment in an easily accessible location at each regular place of business.[1]
[1] 820 Ill. Comp. Stat. 115/10 (2024).
Yes. Illinois has a state overtime law that aligns with the federal requirement of requiring overtime pay for hours worked beyond 40 hours in a workweek at a rate at least 1.5 times the regular rate for employment. Like the federal law, there are a number of industry specific exclusions such as agricultural laborers.[1]
[1] 820 Ill. Comp. Stat. 105/4a (2024).
Yes. Under Illinois law, any employee not paid timely wages, final compensation, or wage supplements by their employer is entitled to recover through either a claim filed with the Department of Labor or in a civil action, the amount of underpayments and damages of 5% of the amount of underpayments for each month after the missed date of payment. In a civil action, you can also recover costs and attorney’s fees.[1] An employer may also face criminal and civil penalties for wage theft.[2] If an employer retaliates against you because you have made a wage theft complaint, or you have or are about to testify in an investigation, they may be criminally liable and you may be able to recover damages.[3]
[1] 820 Ill. Comp. Stat. 115/14 (2024).
[2] 820 Ill. Comp. Stat. 115/14 (2024).
[3] 820 Ill. Comp. Stat. 115/14 (2024).
