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Illinois Governor Again Vetoes Salary History Ban

2018-10-05

Governor Bruce Rauner offers recommended changes to legislation to gain his support

Illinois Governor Bruce Rauner vetoed House Bill 4163 which is similar to House Bill 2462 that he vetoed in 2017.  The Bill would have prohibited employers from seeking salary history information from prospective employees.  The Governor stated that for a future successful legislation to gain his support, it would resemble that of Massachusetts, which he describes as “a best-in-the-country approach” to salary history legislation

The Governor offered the following recommended changes:

  • Allow employers to consider salary history information in limited circumstances, including voluntary current or prior salary disclosed by a prospective employee.
  • Allow an employer to seek to confirm salary history after making an offer of employment with salary negotiated.
  • Inclusion of a “self-evaluation” defense, where employers can use proactive pay analyses and progress toward eliminating pay differentials as an affirmative defense to action alleging unequal pay.
The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.