Conviction Records and Equal Pay Compliance
On March 23, 2021, Illinois Governor J.B. Pritzker signed legislation (SB 1480) that took effect
immediately and amended the state’s Human Rights Act by prohibiting employers, employment
agencies, or labor organizations from using conviction records to disqualify an individual from
employment, or take adverse against them in their employment, unless:
● There is a substantial relationship between one or more of the previous criminal offenses and the
employment sought or held; or
● Granting or continuing their employment would involve an unreasonable risk to property or to the
safety or welfare of certain people or the general public.
Conviction records include felonies, misdemeanors or other criminal offenses, probation, and law
enforcement or military authority fines, imprisonment, or parole. The law also includes:
● Mitigating factors that must be considered before an employer uses a conviction record in its
decision-making;
● Interactive assessment and notice requirements for employers’ preliminary decisions;
● Employees’ right to respond before their employer’s final employment decision; and
● Employer’s final decision procedure.
Equal Pay RegistrationThe law also amends the state’s Equal Pay Act by requiring employers with more than 100 employees
in Illinois (business) to certify that either:
● They are compliant with the state’s Equal Pay Act and get an equal pay registration certificate from
the Illinois Department of Labor; or
● They are exempt from the act, in writing.
Certification must be completed by March 23, 2024 (within three years of the law taking effect) and
recertification must be done every two years thereafter. To get the certificate, businesses must pay a
$150 filing fee and submit an equal pay compliance statement to the department. Additionally,
businesses must report to the department:
● A copy of its most recently filed EEO-1 report for each county where it has a facility or employees if
it is required to file an annual Employer Information Report EEO-1 (EEO-1 report) with the Equal
Employment Opportunity Commission.
● A list of all its employees during the past calendar year, separated by gender and the race and
ethnicity categories as reported in its most recently filed EEO-1 report, along with the total wages
paid to each employee during the past calendar year, rounded to the nearest hundred dollars.
The law also addresses specific certification procedures, anti-retaliation provisions, and whistleblower
protections.
Employer Guidance About Pay, Paid Leave, and the COVID-19
VaccineIn March 2021, the Illinois Department of Labor (IDOL) released employer guidance to provide employees leave, time, and flexibility to get vaccinated. The guidance addresses mandatory
vaccination programs, optional vaccination programs, and vaccination requirements for employees’
family members. The IDOL recommends that employers review their leave and vaccination policies
and revise them to provide leave, time, and flexibility to encourage employees to get the first and
second dose of the COVID-19 vaccine. The guidance also recommends that employers and employees
review the following websites for the most recent information on the COVID-19 vaccine:
