The Frequently Asked Questions (FAQs) provided below highlight topics and specific questions that are often asked of the Illinois Department of Labor (IDOL). The information provided in the FAQs is intended to enhance public access and understanding of IDOL laws, regulations and compliance information.
The FAQs should not be considered a substitute for the appropriate official documents (i.e. statute and/or administrative rules.) Individuals are urged to consult legal counsel of their choice. Court decisions may affect the interpretation and constitutionality of statutes. The Department cannot offer individuals legal advice or offer advisory opinions. If you need a legal opinion, we suggest you consult your own legal counsel. These FAQs are not to be considered complete and do not relieve employers from complying with applicable IDOL laws and regulations.
The Equal Pay Act prohibits employers with four or more employees from paying unequal wages to men and women for doing the same or substantially similar work, except if the wage difference is based upon a seniority system, a merit system, a system measuring earnings by quantity or quality of production, or factors other than gender. It also prohibits employers from paying African-American empoyees less than another employee who is not African-American for the same or substantially similar work.
back to top 2. Who may file an Equal Pay complaint?An employee or former employee may file a complaint. Complaint forms are available on the Department's website or by contacting IDOL at 1-866-372-4365. The Department may also initiate an investigation.
back to top 3. How long do I have to file an Equal Pay complaint?All complaints must be filed within one year from the date of the underpayment.
back to top 4. Can I file an anonymous Equal Pay complaint?The identity of all employees who file Equal Pay complaints will be kept confidential with the Department. While the case is pending at the administrative level, the identity of the complainant shall be kept confidential unless the complainant requests otherwise. This confidentiality provision does not apply in cases alleging retaliatory discharge or retaliatory discrimination under the Act.
back to top5. If I perform the same work as a co-worker (or former co-worker) of the opposite gender, but I am paid less, do we both have to work at the same physical location?
No. Men and women are to receive equal pay for the same or substantially similar work that is performed for the same employer, in the same county.
back to top6. If I am African-American and I perform the same work as a co-worker (or former co-worker) who is not African-American, but I am paid less, do we both have to work at the same physical location?
No. African-American employees and employees who are not African-American are to receive equal pay for the same or substantially similiar work that is performed for the same employer, in the same county.
back to top7. Can I file a complaint if my job title is different from a co-worker (or former co-worker) of the opposite gender, but we both perform the same work?
Yes. Even though the job titles held by both workers are different, the actual work performed may be the same. If this is the case, you may file a complaint and the Department will investigate.
back to top8. If I am African-American, can I file a complaint if my job title is different from a co-worker (or former co-worker) who is not African-American, but we both perform the same work?
Yes. Even though the job titles held by both workers are different, the actual work performed may be the same. If this is the case, you may file a complaint and the Department will investigate.
back to top 9. What happens after I file an Equal Pay complaint?After the Department determines jurisdiction, the Department shall conduct an investigation to determine whether reasonable cause exists to believe a violation under the Act has occurred. The investigation may be made by written or oral inquiry, field visit, conference or any method or combination of methods.