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Illinois Governor Again Vetoes Salary History Ban


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.

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