Legislative Alert

ENACTED LEGISLATION

ILLINOIS: Ban on salary history questions

Summary: Effective September 29, 2019, HB 834 will amend the Illinois Equal Pay Act of 2003 and will prohibit employers from inquiring into a job applicant's salary history. It will also prohibit employers from screening job applicants based on their salary and from requiring applicants to disclose any information about their salary history as a condition of being offered employment. Violations may include a fine of up to $10,000 in special damages, compensatory damages and/or reimbursement of plaintiff’s costs and attorneys' fees.

Impact(s): Illinois employers

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COURT OPINIONS

U.S. COURT OF APPEALS FOR THE FIFTH CIRCUIT: Federal appeals court strikes down EEOC's guidance on the use of criminal records in employment decisions

Summary: The U.S. Court of Appeals for the Fifth Circuit affirmed a district court's decision that the EEOC violated the Federal Administrative Procedure Act (APA) in issuing its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions. The court found that the guidance was a final agency rule that it could review and that Texas had standing to challenge it, and then upheld the district court’s injunction on a broader basis. The court enjoined the EEOC from enforcing the Guidance, holding that the Guidance was a substantive rule and federal law does not authorize the EEOC to promulgate substantive rules to implement Title VII.

Impact(s): All employers

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