Equal Pay Reporting for Illinois Employers

Author: Tara M. Coffman, Esquire

Pursuant to the recent amendment of the Illinois Business Corporation Act, corporations doing business in Illinois that file an EEO-1 report with the Equal Employment Opportunity Commission (EEOC) are now also required to report certain demographic data of their employees on their 2023 annual reports. These Illinois corporations are now required to include information that is substantially similar to the employment data reported under Section D of their federal EEO-1 report. Section D of the EEO-1 report currently requires the disclosure of gender, race, and ethnicity of employees, broken down by job categories. The Secretary of State will make the reported information publicly available on their website.

Employers with 100 or more employees and federal contractors with at least 50 employees are required to file an annual EEO-1 report.

This reporting requirement is in addition to the amendment of the Equal Pay Act requiring private employers with 100 or more employees in the state to obtain an “equal pay registration certificate” from the Illinois Department of Labor (IDOL) no later than March 24, 2024, or earlier as notified by the IDOL directly. The IDOL will contact employers no less than 120 days before their assigned deadline to obtain their equal pay registration certificate. If employers are not contacted by IDOL on or before December 31, 2023 they are advised to email the IDOL for instructions. Each employer required to obtain this certificate will be required to submit a copy of its most recently filed EEO-1 and a complete list of all employees during the past calendar year, separated by gender, race, ethnicity, wages paid, hours worked and job classification. Employers must recertify every two years thereafter.

To avoid penalties, Illinois employers should take steps to familiarize themselves with the reporting new requirements and ensure they are in compliance.

If you have any questions about this information, please do not hesitate to contact Tara M. Coffman at tcoffman@satclaw.com