Stop Asking About Salary History, Illinois Employers!
It’s now Illinois’ turn. Like employers in 34 other states and municipalities, effective September 29, 2019, Illinois employers can no longer ask job applicants about their compensation history.
Specifically, what can’t Illinois employers do?
Request or require compensation history as a condition of being interviewed, considered for employment, or offered employment.
Screen applicants based on their compensation histories.
Require that an applicant's prior compensation satisfy minimum or maximum criteria.
Ask the applicant’s current or former employer for the compensation history.
Require that employees refrain from disclosing information about their compensation and benefits, or require employees to sign a contract or waiver of these rights. Except, employers may still prohibit Human Resources employees (or any other employee whose job responsibilities require or allow access to other employees’ compensation) from disclosing the compensation information of other employees without their prior written consent.
Discriminate against or discharge individuals because they did not comply with a compensation history inquiry.
Does the compensation history inquiry ban apply to current employees applying for a position with the same employer?
No!
What if the information is publicly available?
If compensation history is a matter of public record, the inquiry ban does not apply.
What if the applicant volunteers the information?
Don’t consider it! If the applicant voluntarily discloses compensation history – without prompting – and the employer does not consider or rely on that information, there’s no violation.
Are there any penalties if employers don’t comply?
Yes, and they’re big! Applicants can get up to $10,000 in special damages, plus attorney’s fees and costs. They may also get compensatory damages, if the compensatory damages exceed the award of special damages.
What should Illinois employers do now?
By no later than September 29, 2019, remove all questions on employment applications that request compensation and benefits history. Train recruiters and those who screen or interview applicants to not make these inquiries. Stop inquiring about compensation as part of reference checks with current or former employers. Instead, consider asking applicants for the compensation and benefits they are seeking. Or, provide information about the compensation and benefits offered for the position and ask the applicant if they are acceptable.