Changes to Illinois law may make a potential employer’s inquiry into a job applicant’s wage, benefits and other compensation history an unlawful form of discrimination.
In a news article recently published in Cook County Record, Noah Frank comments that the purpose is to minimize and eliminate past discrimination going forward. “The point of this bill is - you can’t ask somebody when they are applying 'How much do you make at your current job?' How much did you make at your last job?'
An amendment to the Illinois Equal Pay Act, House Bill 2462 passed both chambers of the Illinois General Assembly in June has created serious discussion around the potential severe implications for employers if the bill passes. With or without this particular bill, Noah believes that we are most likely going to see some sort of salary amendment law go into effect in Illinois.
In the article, he concludes, “And even without it, I think it’s possible that there could be claims by employees that are pushed forward by administrative agencies - the EEOC (Equal Employment Opportunity Commission or IDHR (Illinois Department of Human Rights) - and what they are going to be trying to argue is that, by asking about the salary history, even without this law in effect, (there is) a discriminatory impact.”