We had been holding off on publishing an update on the Illinois Equal Pay Act requirements in hopes that the State of Illinois would publish its proposed rules implementing the law. Those rules have not yet come. Accordingly, we are publishing this interim update. When the state announces its rules, we will issue further information.
The Illinois Equal Pay Act (820 ILCS 112 et seq.) created an affirmative requirement for employers to certify their compliance with state and federal equal pay laws and submit employee-level pay data along with their most recent EEO-1 reports. Illinois is announcing the deadline for each employer to submit the required reports and certifications on a rolling basis. The state has, so far, issued two rounds of notices to employers to set filing deadlines that come 120 days after an employer receives a notice. It appears that the first two rounds of notices went to employers that had provided contact information to the state using the form available on the state’s website. The state will continue to set deadlines on a rolling basis, with all employers with one hundred or more employees in Illinois required to comply by March 23, 2024.
Private employers with one hundred or more employees in Illinois that are also required to file the annual Employer Information Report EEO-1 with the U.S. Equal Employment Opportunity Commission (EEOC) are covered “businesses” under the statute.
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