The Illinois pay transparency law requires employers with 15 or more employees to include a pay range and a description of benefits in every job posting for any position performed at least partly in Illinois, or for a remote role that reports to someone in Illinois. The rule took effect on January 1, 2025, under amendments to the Illinois Equal Pay Act of 2003, and it covers both outside job ads and internal promotion announcements.1Illinois Department of Labor. Pay Transparency and Promotional Opportunity Under the Illinois Equal Pay Act of 2003 The same statute bars employers from asking about your salary history and protects you from retaliation if you complain or talk about pay with coworkers.
Which Employers and Jobs Are Covered
The 15-employee threshold counts workers physically located in Illinois along with remote workers anywhere who report to a supervisor, office, or work site in the state.2Illinois General Assembly. Illinois Compiled Statutes 820 ILCS 112/10 A remote employee in another state whose manager sits in Chicago is enough to pull that position into the disclosure requirement.
Third-party recruiters and staffing agencies that post jobs for a covered employer are also on the hook. The employer has to hand over the pay and benefits information, and the recruiter has to include it in the ad. If the recruiter leaves it out, the recruiter is liable unless it can show the employer never provided the information.2Illinois General Assembly. Illinois Compiled Statutes 820 ILCS 112/10
One boundary worth knowing: nothing in the law forces an employer to post a job in the first place. A company that fills a role entirely through word of mouth never triggers the disclosure rules. The moment a specific posting goes up anywhere, though, the requirements apply.
What a Compliant Job Posting Must Include
Every covered posting must show the “pay scale and benefits” for the role. The statute defines that term broadly: the wage or salary, or a wage or salary range, plus a general description of benefits and other compensation, including bonuses, stock options, and other incentives the employer reasonably expects to offer in good faith.3Illinois General Assembly. Illinois Compiled Statutes 820 ILCS 112/5 Employers can build the range from an existing pay scale, the budget for the position, or what current employees in equivalent roles actually earn.
Benefits don’t have to be spelled out plan by plan in the ad itself. An employer satisfies the requirement by posting a current general benefits description on a publicly viewable page of its website and referencing that page in the posting. A hyperlink to a publicly viewable webpage listing the pay scale and benefits also counts.2Illinois General Assembly. Illinois Compiled Statutes 820 ILCS 112/10 In practice, many employers add a compensation and benefits section to their careers page and link to it in every ad.
If no posting exists but you ask about compensation for a role you’re applying to, the employer has to disclose the pay scale and benefits before making any offer or discussing compensation.2Illinois General Assembly. Illinois Compiled Statutes 820 ILCS 112/10 Employers are still allowed to ask what salary you’re looking for, so expect that question even when the range is public.
What Employers Can’t Ask About Your Past Pay
The Illinois Equal Pay Act also bars employers from asking about or relying on your previous pay to set your compensation. This piece has been in effect since January 1, 2022.2Illinois General Assembly. Illinois Compiled Statutes 820 ILCS 112/10 An employer cannot screen you out based on what you used to earn, cannot make disclosing your salary history a condition of being considered or hired, and cannot call your current or former employer to find out what you were paid.
Two narrow exceptions apply. If your salary history is already public under the Freedom of Information Act or a similar law, employers can use it. And if you’re a current employee applying for a different role at the same company, your existing pay isn’t off limits.2Illinois General Assembly. Illinois Compiled Statutes 820 ILCS 112/10
Volunteering your past pay without being asked doesn’t open the door either. The employer still can’t rely on that number when deciding what to offer you.
Internal Notice When a Job Is Posted
When an employer publishes a job posting externally, it must announce that same opportunity to all current employees within 14 calendar days, with the same pay scale and benefits information shown in the outside ad.4Illinois Department of Labor. Equal Pay Act Pay Transparency FAQ That covers promotions, transfers, and any other publicly advertised position. A company-wide email, an intranet portal, or a bulletin board all work, as long as the notice reaches everyone and not just the team with the opening. The only carve-out is for State of Illinois workforce positions designated as exempt from competitive selection.2Illinois General Assembly. Illinois Compiled Statutes 820 ILCS 112/10
If a Posting Leaves Pay Out
The Illinois Department of Labor investigates complaints about missing or incomplete pay information in job postings. Anyone can file, and the complaint has to come within one year of the alleged violation. Beginning January 1, 2026, anonymous complaints may be treated as reports the Department can investigate on its own.4Illinois Department of Labor. Equal Pay Act Pay Transparency FAQ
What happens next depends on whether the posting is still live when the Department issues its notice of violation. An employer caught with an active posting gets a chance to fix it:4Illinois Department of Labor. Equal Pay Act Pay Transparency FAQ
- First offense: 14-day cure period, then fines up to $500 if not corrected. A first offense can cover a single posting or a batch identified at the same time.
- Second offense: 7-day cure period, then fines up to $2,500 per posting.
- Third or later offense: no cure period, fines up to $10,000 per posting, imposed automatically.
If the posting has already come down by the time the Department issues its determination, there’s no cure window. First-offense fines go up to $250, second-offense up to $2,500, and third or later up to $10,000. The Department can waive penalties at every tier. After a third offense, the employer enters a five-year automatic-penalty period with no cure chances for active postings, and any further violation during that stretch restarts the five-year clock.5Illinois General Assembly. Illinois Compiled Statutes 820 ILCS 112/30 Because fines are assessed per posting, a company with dozens of noncompliant ads can rack up real money fast.
Retaliation Protections and Your Right to Discuss Pay
The Illinois Equal Pay Act makes it unlawful for an employer to retaliate against you for exercising your rights. That protection reaches filing a complaint with the Illinois Department of Labor, discussing your pay with coworkers, declining to share your salary history, and taking part in someone else’s pay discrimination claim. Interfering with another person’s attempt to exercise these rights is also prohibited. Retaliation complaints have the same one-year filing window, but keep one thing in mind: a retaliation claim typically requires the Department to identify you to the employer during the investigation, even though anonymous complaints are possible for general transparency violations.6Illinois Department of Labor. Equal Pay Act of 2003 – Conciliation and Mediation Division
Federal law adds a second layer. Section 7 of the National Labor Relations Act treats pay discussions as protected concerted activity and reaches most private-sector employees whether or not they belong to a union.7National Labor Relations Board. Your Rights An employer policy that restricts employees from sharing what they earn will likely be found unlawful.8U.S. Department of Labor. What Are My Employees’ Rights Under the National Labor Relations Act (NLRA)? If your employer punishes you for talking about pay with coworkers, you can also file an unfair labor practice charge with the National Labor Relations Board.