labor lawAdivision of labor law center

There are several different resources people can look to when it comes to Illinois sexual discrimination law in the workplace.

The first one is the Illinois Equal Pay Act. Under this act, employers are those who have four or more employees. This includes individuals, partnerships, corporations, associations, businesses, the State of Illinois and its officers, departments and agencies, local governments and school districts. Employees are those working for the above types of employers. The Equal Pay Act prohibits employers from giving differing wages to two people of the opposite sex when they have the same or “substantially similar” positions. In addition, employers cannot lower one person’s wages to meet those of someone of the opposite sex to make them equal.

Anyone wishing to make a claim on an Equal Pay Act violation must fill out the claim for and submit it along with all supporting information and documents to the Illinois Department of Labor within 180 days of the alleged violation. A copy of your compliant will be sent to your employer and the Department will investigate the claims.

The second resource employees in Illinois can go to is the Illinois Human Rights Act. Under this act, employers include everyone who has fifteen or more employees unless the claim involves sexual harassment in which case an employer is anyone with one or more employee. It also includes employment agencies and labor unions. The act defines employees as anyone working for an employer as defined above. It also includes apprentices but excludes domestic servants and elected public officials. Under this Act, employers cannot discriminate against employees on the basis of sex when hiring, firing, promoting, or assigning privileges or conditions of employment.

To file a Human Rights claim against your employer, you need to contact the Illinois Department of Human Rights within 180 days of the alleged violation. After having an interview with an intake officer, they will draft your charge and have you get it notarized. From there, your complaint will be investigated. If there is enough evidence to show that your rights have most likely been violated, you and your employer will enter conciliation. If conciliation fails, your case will be heard at a public hearing in front of an administrative judge.

It’s important that both employers and employees know their rights and responsibilities when it comes to discrimination in the workplace. In addition, all employers should have an updated version of the Illinois Labor Law Poster posted in the workplace.

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