New Illinois Law Prohibits Asking Job Applicants for Salary History

On September 29, 2019, new amendments to the Illinois Equal Pay Act of 2003 went into effect. 

Under the new amendments, employers and employment agencies can still ask you about your salary requirements or expectations.  And if you are applying for a new job with your current employer, they can access and consider your salary history.

Beyond the above, there are important new restrictions about the use of salary histories in the hiring process.  As part of these restrictions, no employer or employment agency or their employee can:

  • screen job applicants based on their current or prior wages or salary histories falling within a certain range

  • request or require a wage or salary history as a condition of

    • being considered for employment

    • being interviewed

    • continuing to be considered for an offer of employment

    • receiving an offer of employment or an offer of compensation, or

    • being hired

  • seek the wage or salary history, including benefits or other compensation, of a job applicant from any current or former employer (unless it is publicly available)

If you choose voluntarily to disclose past salary history to the employer, they may not use it as a criterion for their decision process.

A complete copy of the amendments can be found at:

http://www.ilga.gov/legislation/publicacts/101/PDF/101-0177.pdf