Equal Pay Act of 2003

The Equal Pay Act prohibits employers with four or more employees from paying unequal wages to men and women for doing the same or substantially similar work, requiring equal skill, effort, and responsibility, under similar working conditions for the same employer in the same county, except if the wage difference is based upon a seniority system, a merit system, a system measuring earnings by quantity or quality of production, or factors other than gender.

Employers found to be in violation of this Act will be required to make up the wage difference to the employee and may pay legal costs and be subject to civil fines of up to $2,500 per violation.

EFFECTIVE: JANUARY 1, 2004

All Illinois employers of four or more employees must be in compliance with the Equal Pay Act by January 1, 2004. The Illinois Department of Labor will only review complaints concerning violations occurring on or after January 1, 2004, the effective date of the Act.

PROVISIONS and REQUIREMENTS

Employers must post a notice in their workplace summarizing the requirements under the Act. This notice is available for download from this website. (Link to Poster)

• remedying violations of this Act by reducing the wages of other employees.
• discharging or otherwise discriminating against any employee exercising his/her rights under this Act.

Complainants may obtain complaint forms and complaint instruction sheets on this website or by mail. However, complaints will not be pursued pertaining to violations alleged to have occurred prior to January 1, 2004, the effective date of the Act.

The Equal Pay Act covers wage discrimination based upon gender. If you feel you have been discriminated against based upon other factors, please contact the Illinois Department of Human Rights.

FURTHER INFORMATION

• April 28, 2009
• April 22, 2008
• February 4, 2008
• September 14, 2006
• April 25, 2006
• June 15, 2004
• April 25, 2004
• May 11, 2003

• Public Act 93-0006 (Illinois Equal Pay Act of 2003)
• 56 Ill. Adm. Code 320 (Administrative Rules)
• Equal Pay Act of 1963 (Federal Law)

• Required Poster
• Equal Pay Act Factsheet
• Equal Pay Complaint Form and Complaint Form Instruction Sheet

• U.S. Equal Employment Opportunity Commission (External Website)
• Business and Professional Women/USA (External Website)
• Institute for Women’s Policy Research (External Website)
• National Committee on Pay Equity (External Website)
• The WAGE Project (External Website)

If you have further questions concerning the Illinois Equal Pay Act, please contact the Illinois Department of Labor toll-free at 1-866-EPA-IDOL (1-866-372-4365). Office hours are Monday through Friday, 8:30am to 5:00pm.