SB 1847

Abstract

Amends the Illinois Human Rights Act. Provides that the amendatory Act may be referred to as the CROWN (Create a Respectful and Open Workplace for Natural Hair) Act. Provides that "race", as used in the Employment and Elementary, Secondary, and Higher Education Articles, includes traits historically associated with race, including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists. House Committee Amendment No. 1 Deletes reference to: 775 ILCS 5/1-103 Adds reference to: 5 ILCS 140/7.5 820 ILCS 112/11 820 ILCS 112/30 Replaces everything after the enacting clause. Amends the Freedom of Information Act to remove an exemption from disclosure for certain information under the Equal Pay Act of 2003. Amends the Equal Pay Act of 2003. Requires employers with fewer than 100 employees to certify that they are exempt from specified provisions. Provides that a business subject to the equal pay registration certificate requirement on March 23, 2021 shall apply for and obtain an equal pay registration certificate between March 24, 2022 and March 23, 2024, rather than within 3 years after March 23, 2021. Provides that a business subject to the equal pay registration certificate requirement after March 23, 2021 shall apply for the certificate within 3 years of commencing business. Requires recertification every 2 years. Requires disclosure of information by county in which the employee works, beginning date of employment, and any other information the Department deems necessary to access pay equity. Provides that the business must disclose its approach to determining the level of wages and benefits payable to employees and identify differences in approach by title of classification employee. Provides that employees may obtain title and pay data. Permits the Department of Labor to share data with the Department of Human Rights and the Attorney General. With respect to violations of the Act by employers having 100 or more employees, authorizes a penalty of up to $10,000 per employee for violation other than equal pay certificate requirements and a penalty of $10,000 for violation of the equal pay certificate requirements. Effective immediately. House Floor Amendment No. 2 Provides a 30-day opportunity to correct an inadvertent failure to file an initial application or recertification. With respect to equal pay certificates, limits the application of certain provisions of the Act to businesses that are required to file an Annual Employer Information Report EEO-1 with the Equal Employment Opportunity Commission. Provides that applicants have 30, rather than 15, days to cure deficiencies in an application. Provides that certain information disclosures by employees of the Department of Labor may constitute a violation of the State Officials and Employees Ethics Act. House Floor Amendment No. 4 Replaces provisions regarding the disclosure of confidential information by an employee involving findings by the Executive Inspector General and determinations of guilt under the State Officials and Employees Ethics Act. Provides that a Department of Labor employee who willfully and knowingly divulges, except in accordance with a proper judicial order or otherwise provided by law, confidential information received by the Department of Labor from any business pursuant to this Act shall be deemed to have violated the State Officials and Employees Ethics Act and be subject to the civil and criminal penalties established under specified provisions of that Act after investigation and opportunity for hearing before the Executive Ethics Commission under that Act.