Salary History Ban in Illinois: What Employers Can Ask

Illinois enacted the Salary History Information Act, codified in the Illinois Equal Pay Act, 820 ILCS 112/2 (2017), amended effective January 1, 2018. The law prohibits employers from asking job applicants about prior compensation—either verbally, in writing, or through any mechanism—before making a job offer. Employers are also barred from seeking salary history from references, background check companies, or any third party. After a job offer is extended, an employer may request salary history only if the applicant volunteers it or if the employer believes verification is needed to confirm the offer itself.

Illinois law applies to all employers with at least 1 employee, making it broader than many state laws that exempt small employers. The statute defines 'employer' to include any individual, partnership, association, corporation, or other legal entity engaged in business in Illinois. The law explicitly protects applicants regardless of whether they are applying for in-person, remote, or contract positions.

Illinois's ban is significantly stronger than federal law because it is proactive and categorical, while federal law only addresses discrimination after the fact. State law provides a direct private right of action: an aggrieved applicant may sue an employer directly in state court without filing a charge with the Illinois Department of Labor or the EEOC first. Remedies include compensatory damages, liquidated damages equal to the amount wrongfully withheld or underpaid, and attorney fees and costs. If the violation is found to be willful, damages may be tripled. The burden shifts to the employer to demonstrate that the inquiry was necessary and that no violation occurred.

The Illinois Salary History Information Act contains narrow exceptions. An employer may consider salary history only if: (1) the applicant or employee voluntarily discloses it without solicitation, (2) after a job offer has been extended and the applicant has agreed in writing to provide it, or (3) the employer is verifying information disclosed by the applicant as a condition of employment (e.g., a claim made in an application or interview).

Employers may ask about salary expectations going forward, such as 'What salary are you seeking for this role?' This is permissible because it is not asking about past history. Employers may also conduct background checks, credit checks (where legal), criminal record checks, and reference checks—but they cannot ask references to disclose the applicant's prior salary.

The law does not apply to internal promotions or transfers within the same employer, though Illinois courts have not definitively ruled on this edge case. However, the safest practice is to treat internal promotions the same as external hires and avoid requesting salary history.

The statute does not override federal law, such as required salary reporting for federal contractors under certain grants or contracts. Employers subject to federal pay transparency laws (e.g., certain government contractors) must still comply with Illinois law unless federal law explicitly mandates otherwise and cannot be reconciled with state law.

Employers are not liable if a job applicant lies about salary history, provided the employer did not solicit the false information. However, employers cannot retaliate against an applicant for refusing to disclose salary history or for asserting rights under the statute.

**Step 1: Document the violation.** Keep all communications in which the employer asked about your salary history. This includes: email exchanges, written application materials, interview notes (write these immediately after the interview if verbal), text messages, phone call summaries (note date, time, what was asked), any forms that included salary history fields, and communications from recruiters, third-party hiring agencies, or references in which salary questions arose. Take screenshots and save original files. Note the date, time, location, and names of anyone present.

**Step 2: Address the issue internally (optional but helpful).** Send a written message to the hiring manager, HR department, or recruiter stating that you believe the salary history question violated Illinois law and ask for confirmation that no salary history will be used in employment decisions. Say: 'Illinois law prohibits employers from requesting salary history. I did not authorize disclosure of my prior compensation, and I request that this information not be considered in your hiring decision.' This creates a paper trail and may prompt the employer to withdraw the question or correct the violation.

**Step 3: File a civil lawsuit in Illinois state court.** You do not need to file with the Illinois Department of Labor or EEOC first. Consult an employment attorney who can evaluate your case and file a complaint in the appropriate circuit court (usually the county where you applied, interviewed, or where the employer's principal place of business is located). Alternatively, if the salary history inquiry is tied to discrimination based on a protected class (race, gender, age, disability, etc.), file a charge with the Illinois Department of Human Rights (IDHR) at www.cyberdriveillinois.com/departments/human_rights or call 217-785-5100. IDHR has 180 days from the violation to file a charge. IDHR will investigate and may refer your case to the EEOC or allow you to pursue a private civil action.

**Step 4: Expect the investigation and litigation process.** If you file with IDHR, the agency will contact the employer, request documents, and may interview witnesses. IDHR investigations typically take 3-6 months, though complex cases may take longer. IDHR may issue a 'Determination' finding the employer violated the law or dismiss your charge. If IDHR finds a violation, you can request a hearing before an administrative judge. If you pursue a civil lawsuit directly in state court, the employer will file a response, discovery will occur (exchange of documents and interrogatories over 6-12 months), and the case may settle or proceed to trial. Most salary history cases settle before trial because the violations are straightforward and damages are often clear.

**Step 5: Consult an employment attorney.** Contact an attorney who specializes in employment law and wage discrimination, ideally one experienced with Illinois salary history claims. Many employment attorneys work on contingency (you pay no upfront fee; the attorney takes a percentage of the recovery) or on an hourly basis. Ask the attorney whether your case is worth pursuing based on the strength of the evidence and potential damages. Bring all documentation from Step 1. Your attorney can advise whether to pursue a civil lawsuit, IDHR charge, or both. If the violation is clear and you have evidence, an attorney can negotiate a settlement without going to trial.