Ensuring fair pay in the workplace is a fundamental right for all employees. In Illinois, the Illinois Human Rights Act (IHRA) provides strong protections against wage discrimination, requiring employers to pay workers fairly regardless of race, gender, or other protected characteristics.
If you believe your employer is paying you unfairly compared to coworkers in similar roles, you may have legal rights under Illinois law. This article breaks down equal pay protections under the IHRA, how they apply to employees, and what steps you can take if you experience wage discrimination.
What Does the IHRA Say About Equal Pay?
The Illinois Human Rights Act (IHRA) prohibits employers from paying employees unequal wages based on race, sex, national origin, disability, or other protected categories. Under the law, an employer cannot justify paying one employee less than another for the same or substantially similar work unless the difference is based on:
- A seniority system
- A merit system
- A system measuring earnings by production or output
- Other bona fide factors unrelated to discrimination, such as education, training, or experience
If none of these justifications apply, pay disparities could be illegal under the IHRA.
How Illinois Equal Pay Laws Protect Employees
The IHRA’s equal pay protections apply to most employees in private companies, government agencies, and public employers across Illinois. These protections work alongside federal laws, such as the Equal Pay Act of 1963, to ensure workers receive fair and equal compensation for comparable work.
Key Protections for Employees
- Employers Cannot Pay Employees Differently Based on Protected Characteristics
- If two employees perform substantially similar work, their pay should be equal unless a legitimate business reason justifies a difference.
- Pay Discrimination Based on Race, Gender, or National Origin Is Illegal
- The IHRA protects workers from race-based and gender-based pay disparities, preventing employers from paying employees differently based on their background.
- Employers Must Provide Equal Pay for Comparable Work
- Employees do not need to have identical job duties to qualify for equal pay protections. The law considers whether the work is substantially similar in skill, effort, and responsibility.
- Retaliation for Reporting Unequal Pay Is Prohibited
- If you file a complaint about wage discrimination, your employer cannot fire, demote, or punish you for asserting your rights.
What to Do If You Experience Wage Discrimination
If you suspect you are being paid less than your coworkers due to race, gender, or another protected factor, you have legal options.
Steps to Take:
1. Gather Evidence
- Compare your wages with coworkers in similar positions.
- Collect pay stubs, offer letters, or job descriptions.
- Document any conversations about pay disparities.
2. Speak with Your Employer
- In some cases, raising the issue internally can resolve the issue.
- Employers may adjust wages once discrepancies are brought to their attention.
3. File a Complaint with the Illinois Department of Human Rights (IDHR)
- You can file a wage discrimination complaint within 300 days of the violation.
4. Seek Legal Help
- If your employer refuses to address pay discrimination, you may need to pursue legal action. An employment law attorney can help you determine your next steps.
Know Your Rights – Equal Pay Is the Law
Wage discrimination is illegal, and employees deserve fair pay for their work. If you believe your employer is violating Illinois equal pay laws, you may have a case under the IHRA.
At Justice Legal Counsel, we fight for employees facing wage discrimination. If you suspect unfair pay in your workplace, contact us today for a consultation to discuss your rights and legal options.