New Illinois Law Imposes Restrictions on Employers Interview Procedures

October 22, 2019

HB 834, known as the “No Salary History Law” became effective on September 29, 2019. The new law is an effort of the Illinois Legislature to curb the gender pay gap and reduce discrimination in the workplace.

First, the new law prohibits employers from screening job applicants based on current or past wages. This means that Employers can no longer require wage disclosures as a condition for being considered or hired for a job. The prohibition on mandating wage disclosures also applies to anyone acting on behalf of an employer such as a headhunter or temp agency. It is important that employers, and anyone acting on behalf of an employer removes questions related to an applicant’s current or prior salary, wages, or benefits from all materials used in the hiring process. Failure to abide by the new Law can result in fines up to $10,000.

Second, the new law makes it illegal for employers to require workers to sign waivers that could prevent them from disclosing or discussing wage history, salary, or benefits with other employers.

Last, the new law changes discrimination protections to say employers cannot pay women and African American employees less for “substantially similar work” which establishes lower threshold to prove discrimination compared to the previous standard which prohibited employers from paying women and African American employees less for “equal” work.

For more information on how HB 834 may affect you or your business and for best practice procedures contact the attorneys at Rock Fusco & Connelly, LLC.