Gov. Rauner Again Vetoes Bill That Would Have Banned Salary History
For the second time in two years, Illinois Governor Rauner has vetoed a Bill that would have prohibited an employer from seeking salary information from seeking salary information from prospective employees. Wage differentials among men and women applying for the same position have been a problem that continues to cause unfair treatment in the workplace. Women typically are paid less than men for performing the identical position. Theoretically, the Equal Pay Act was designed to alleviate these discrepancies. However, the reality hasn’t proven this out yet.
What the Bill that Governor Rauner vetoed would have:
- Prohibited discrimination in wages among employees performing substantially similar work which requires substantially similar skills, effort, and responsibility;
- Require that factors used to describe pay differentials not be based on sex or any protected characteristic and account for the entire differential;
- Prohibit employers from seeking salary history, including benefits or other compensation, of any job applicant, unless the information is a matter of public record or the applicant is a current employee;
- Create a private right of against employers, which could lead to compensatory and punitive damages.
Governor Rauner has said that he is willing to work with the State Legislature to try and fashion a Bill that would allow employers to consider salary history in limited circumstances, including when a prospective employee has voluntarily disclosed their current or prior salary. He is also willing to allow employers to seek to confirm salary history when making an offer of employment. These actions however, in my opinion, will not go far enough in eliminating gender based salary discrimination. It remains to be seen what will come of this issue after the new elections this fall. However, as it stands right now, pay equity is still not being adequately addressed for workers in the State of Illinois.
As always, where there are important legislative developments impacting the labor and employment world, we will keep you up to date.
With over 34 years’ experience in advising employers and employees on workplace issues, let Boznos Law work with you to ensure you are ready to meet the challenges posed by the changes to the employment laws. Call Bill Boznos today at (630) 375-1958 or contact us at www.boznoslawoffice.com/contact-us through our website.