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Illinois Reporting Requirements Expand for Employers

Illinois Reporting Requirements Expand for Employers


SB1480 Amends the State’s Equal Pay Act and Business Corporation Act

Last month, Illinois Gov. J.B. Pritzker signed SB 1480, which amended the Illinois Human Rights Act (read our article about the IHRA amendments here), the Illinois Equal Pay Act and the Business Corporation Act.

Larger Employers Required to “Obtain Equal Pay Registration Certificate” by March 24, 2024

Private employers with more than 100 employees in Illinois must obtain an equal pay certificate within the next three years and must recertify every two years thereafter.

To obtain a certificate, businesses will pay a $150 filing fee and submit an equal pay compliance statement, signed by a corporate officer, legal counsel or authorized agent of the business that states:

The equal pay compliance statement must also indicate whether the business, in setting compensation benefits, uses:

Businesses that do not obtain an equal pay registration certificate or whose certificate is suspended or revoked will face a penalty in the amount equal to 1% of the business’s gross profits. The law also provides whistleblower protections.

To ensure compliance with these changes, it is best not to wait. Review the requirements and make certain your policies conform with them, as well as other relevant employment laws as soon as possible. Additionally, training materials and handbooks should be updated by 2024 to include anti-retaliatory language under this law.

Additional Recordkeeping and Filing Under the Business Corporation Act by January 1, 2023

Additionally, SB1480 amends the Business Corporation Act to require corporations that must file an annual Employer Information Report (EEO-1) to also file similar information with the Secretary of State each year. Specifically, beginning January 1, 2023, corporations must provide data on the gender, race and ethnicity of their employees. This information will be public. SB1480 requires the Secretary of State to publish the data on the Secretary of State’s official website within 90 days of the corporation filing its annual report.

Corporations who file EEO-1 reports must comply. All employers with 100 or more employees are required to file EEO-1 reports annually. These forms provide a demographic breakdown of the employer’s workforce. Additionally, the following employers also must file EEO-1 reports:

Illinois employers must prepare to comply with these new reporting obligations. Furthermore, Illinois employers have another reporting deadline approaching: The Workplace Transparency Act requires that employers report all adverse judgments and administrative rulings issued on claims of discrimination or harassment, including those that were entered in jurisdictions outside of Illinois, by July 1, 2021.

If you have any questions or want more information about reporting obligations or any issues discussed in this article, please contact a member of Gould & Ratner’s Human Resources & Employment Law Practice.

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