Bill
HB 2488
Requires private Illinois employers with 100+ workers to register for an Equal Pay certificate, submit annual wage and demographic data, pay $150, and recertify every 2 years.
Status and effective date
- Enacted as Public Act 104-0017. Governor approved; effective June 30, 2025 (listed in legislative actions as the Public Act effective date).
Purpose
- To add an equal-pay registration and reporting requirement under the Illinois Equal Pay Act of 2003 (amending Section 11). The law requires certain private employers to register with the Illinois Department of Labor, submit employee-level wage and demographic data, pay a filing fee, and periodically recertify that they comply with equal-pay laws.
Key provisions
- Covered employers: Any private employer with 100 or more employees in Illinois that is required to file an EEO-1 Employer Information Report with the U.S. Equal Employment Opportunity Commission. Excludes the State of Illinois and local governmental units.
- Registration requirement: Covered businesses must obtain an “equal pay registration certificate” from the Illinois Department of Labor.
- Application window and recertification:
- Businesses authorized to transact business in Illinois on March 23, 2021: were to apply between March 24, 2022 and March 23, 2024, and must recertify every 2 years.
- Businesses authorized after March 23, 2021: must apply within 3 years of commencing operations (but not earlier than Jan 1, 2024) and recertify every 2 years.
- The Department will collect contact information and assign application/recertification dates; failure to notify may be a mitigating factor but does not relieve obligations.
- Application materials and fee:
- $150 filing fee (proceeds deposited into a newly created Equal Pay Fund).
- Wage records: list of all employees from the past calendar year, separated by gender and race/ethnicity as reported on the employer’s most recent EEO‑1, plus county of work, hire date, any additional info the Department needs, and total wages paid to each employee during the past calendar year (rounded to the nearest $100), per the Illinois Wage Payment and Collection Act definition of wages.
- Equal Pay Compliance Statement: signed by a corporate officer, legal counsel, or authorized agent certifying (among other items) compliance with Title VII, the federal Equal Pay Act of 1963, the Illinois Human Rights Act, and the Equal Wage Act; that average compensation of female and minority employees is not consistently below male/non‑minority employees within job categories (allowing legitimate factors such as tenure, skill, job location, collective bargaining, education/training, etc.); that the employer does not restrict employees of one sex to particular job classifications; that disparities are corrected when identified; how often wages/benefits are evaluated; and the employer’s approach to setting pay levels.
- Single-state filing: Employers with multiple Illinois locations submit a single application covering all Illinois operations.
- Review, issuance, cure, and appeal:
- The Director must issue a certificate or state reasons for rejection within 45 calendar days of receipt.
- Applicants may cure deficiencies and resubmit within 30 days and may appeal rejected applications.
- Limitations: Receipt of an application or issuance of a registration certificate does not establish full compliance with the Equal Pay Act (except Section 11) and is not a defense against Equal Pay Act violations or mitigation of damages.
Who is affected
- Primary: Private employers operating in Illinois with 100+ employees who file an EEO‑1.
- Secondary: Employees whose demographic and wage information will be reported to the state; the Department of Labor (administration and enforcement); and the business community (administrative costs and compliance processes).
Potential impacts and considerations
- Administrative burden and costs: employers must assemble employee-level wage and demographic data, prepare compliance certifications, pay the $150 fee, and recertify biennially.
- Compliance incentives and enforcement: the statute creates a formal registration and data collection process that can support Department oversight, audits, and enforcement of equal-pay requirements.
- Privacy and confidentiality: submission of detailed employee-level wage and demographic information raises data-protection and confidentiality considerations (not explicitly addressed in the truncated text).
- Does not grant immunity: obtaining a certificate is not a safeguard against subsequent findings of unequal pay under the Equal Pay Act.
Procedural notes
- The statute directs the Department to assign application/recertification dates and to accept cures and appeals for deficient applications; additional enforcement, revocation, and penalty provisions were indicated but truncated in the available text.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
