"Women doing the same work as men should be paid the same wages,"
the governor said. "That's the law in Illinois. By signing the Equal
Pay Act of 2003, we made a big step toward fairness for working
women. Proclaiming April 25 as Equal Pay Day in Illinois is a
reminder to all employers of the significance of this law and the
state's continued efforts towards closing the wage gap." The
governor signed the Illinois Equal Pay Act in 2003 to eliminate the
wage differential between men and women. The act expanded the
federal Equal Pay Act of 1963 by covering more workers, providing
better enforcement mechanisms and improving public awareness. The
Illinois Department of Labor enforces the act, which became
effective on Jan. 1, 2004, and extended protections from
gender-based discrimination in pay to an additional 330,000 workers.
Only a few states have enacted their own equal pay laws, and
while many states may have equal pay provisions built into already
existing laws, the number of equal pay complaints in other states is
still in the single digits. Since January of 2004, the Illinois
Department of Labor has responded to approximately 2,250 calls on
the 1 (866) EPA-IDOL toll-free line, handled nearly 170 cases,
prompted settlements between employees and employers as a result of
strict enforcement, and recovered close to $7,300 in back wages
under the act.
"We've made great progress in ensuring employers work with the
state to make sure their women employees are paid fairly," Mrs.
Blagojevich said. "The fact that many women in the state are still
making about 70 cents for every dollar a man earns is a stark
reminder that we have more to do. We need to make sure every worker
and every business is fully aware of their rights and
responsibilities."
Illinois' Equal Pay Act prohibits employers with four or more
employees from paying unequal wages to men and women doing the same
or substantially similar work requiring equal skill, effort,
responsibility and under similar working conditions. There are
exceptions, such as if the wage difference is based upon a seniority
system, merit system, a system measuring earnings by quantity or
quality of production or factors other than gender. The law protects
both men and women from pay disparity, and any individual who files
an equal pay complaint is protected under the act from harassment or
retaliation.
To better enforce the state's Equal Pay Act, the Department of
Labor established the Equal Opportunity Workforce Division within
the agency. The division, which administers and enforces the Equal
Pay Act and conducts outreach and education efforts statewide, found
that the number of complaints filed with the department is
relatively high when compared with other states. This is mainly due
to the aggressive Equal Pay Act awareness campaign launched by the
governor and the department two years ago, on April 25, 2004. Since
the law was signed, the department has established a toll-free line,
1 (866) EPA-IDOL; distributed an estimated 40,000 "Equal Pay is the
Law" posters to the largest employers in the state as a required
posting; displayed 3,000 "Equal Pay is the Law" posters on buses and
trains in the Chicago area, with cooperation of the Chicago Transit
Authority; and aired and published public service announcements
throughout the state of Illinois.
The Department of Labor also provided nearly 30 in-depth training
sessions to more than 750 individuals, representing public and
private employers, civic and community organizations, attorneys,
human resource professionals, payroll associations, and employee
organizations. In addition, brief presentations on the Equal Pay Act
were included in 50 other department presentations that were
attended by more than 1,700 individuals throughout the state. Equal
Pay Act literature and posters were distributed at all of these
presentations.
[to top of second column] |
As a result of its aggressive investigations, the Department of
Labor:
-
Collected $1,400 in
back wages for a female supervisor at a southern Illinois
hospital. This followed a determination made by an
administrative law judge with the department, who agreed with
the finding made by a department compliance officer during an
earlier investigation.
-
Collected $2,450 in
back wages for a female computer developer in the western
suburbs after a department compliance officer determined an
Equal Pay Act violation. To comply with the law, the employer
increased her salary by $6,000 per year so that her wages would
be equal to that of another male employee performing the same
work.
-
Collected $1,921 in
back wages for a female national sales manager employed in Cook
County after an investigation by an equal pay specialist
revealed an Equal Pay Act violation. The issue was that a merit
increase was paid to her at less than that paid to her
counterpart for calendar year 2004.
-
Collected $985 in
back wages after an investigation revealed an Equal Pay Act
violation concerning a female general laborer for a metal
finishing company in Adams County. An equal pay specialist
determined that male general laborers performing the same work
were paid at higher rates of pay.
-
Collected $553 in
back wages for a female deli worker at a grocery store in
central Illinois where a male co-worker performing the same work
as the female complainant was paid 35 cents more per hour.
-
Conducted an
investigation of an equal pay complaint involving a female cook
at a downstate country club and her employer. As a result of the
investigation, the employee and employer reached a settlement in
which the employee received an hourly increase in wages and her
yearly salary was raised by thousands of dollars.
-
Uncovered
violations of the Equal Pay Act in a case involving a female
complainant formerly employed as a store clerk in Cook County in
which the employer refused to pay back wages owed to the former
employee. The attorney general's office is prosecuting this case
and is seeking nearly $15,000 in penalties and back wages. The
case is now pending in circuit court.
-
Issued a violation determination on an
equal pay complaint involving retaliation against a female
customer service manager who was terminated from her employment
in McHenry County. The department is seeking $19,528 in wages to
the complainant. The determination was appealed and is pending a
decision from an administrative law judge with the department.
"The department has made tremendous strides in not only enforcing
Illinois' Equal Pay Act, but in its outreach efforts as well,
underlining Governor Blagojevich's effort to end pay disparity
between men and women," said Illinois Department of Labor Director
Art Ludwig. "Statewide training throughout the year has helped build
a better understanding between employees and employers and has
helped towards creating fairness in the workplace."
The Equal Pay Act requires that employers post a notice in their
workplace summarizing workers' rights under the act and provides
stiff penalties for those who violate the law. If an employer is
found guilty of pay discrimination, they are required to make up the
wage difference to the employee and may be subject to civil fines of
up to $2,500 per violation plus legal costs. Complaints may be filed
directly at the Illinois Department of Labor or by calling the
toll-free line, 1 (866) EPA-IDOL [1 (866) 372-4365].
[News release from the governor's
office] |