Illinois salary history ban: 820 ILCS 112/10 for recruiters

Illinois bars employers and employment agencies from screening job applicants on current or past pay, from requiring pay history as a condition of being considered or hired, and from asking a former employer for it. The rule is in the Equal Pay Act of 2003, 820 ILCS 112/10, and has applied since September 29, 2019. What makes Illinois different from most states is what happens when a candidate tells you their salary anyway: the employer is protected only if it does not consider or rely on that number at all. For recruiters, a volunteered figure in Illinois is something to ignore, not something to use.

The statute

Three subsections of 820 ILCS 112/10 make up the ban. Under subsection (b-5), it is unlawful for "an employer or employment agency, or employee or agent thereof," to:

1. screen applicants based on current or prior wages or salary histories, "including benefits or other compensation," by requiring that history to meet minimum or maximum criteria;
2. request or require wage or salary history as a condition of being considered, interviewed, continuing to be considered, or receiving an offer of employment or of compensation; or
3. request or require disclosure of pay history as a condition of employment.

Subsection (b-10) makes it unlawful for an employer to seek pay history, including benefits or other compensation, "from any current or former employer," except where the history is a matter of public record or the applicant is a current employee applying internally. Subsection (c)(4) bars retaliating against anyone who fails to comply with a wage or salary history inquiry. The changes came from Public Act 101-0177, effective September 29, 2019.

Who is covered

The law names agencies directly. Subsection (b-5) applies to "an employer or employment agency, or employee or agent thereof," so a recruiter at a staffing firm is covered in their own right, not only as the client's agent. The Department of Labor's salary history FAQ says the same in plain terms: recruiters, employment agencies, staffing agencies and any other agent of an employer may not screen applicants on pay history. The FAQ says the protection covers Illinois job applicants for full-time and part-time, temporary and permanent, hourly and salaried positions, but not independent contractors.

Volunteered history: the Illinois difference

Subsection (b-20) is the part to memorize. An employer is not in violation when an applicant "voluntarily and without prompting" discloses pay history, "on the condition that the employer does not consider or rely on the voluntary disclosures as a factor in determining whether to offer a job applicant employment, in making an offer of compensation, or in determining future wages, salary, benefits, or other compensation."

Compare that with California or New Jersey, where a volunteered figure may be considered in setting pay. In Illinois, a recruiter who hears "I'm on 90" and passes it to the client so the client can pitch the offer at 95 has turned a lawful disclosure into a problem. The IDOL FAQ makes the same point: the disclosure must be in fact voluntary and not prompted, and the employer may not consider or rely on it.

What is allowed

Subsection (b-15) protects three kinds of conversation:

• Telling the candidate what the job pays. Providing information about the wages, benefits, compensation or salary offered for the position.
• Expectations. Discussing the applicant's expectations for wage or salary, benefits and other compensation. Subsection (b-25) separately says nothing prohibits an employer or employment agency from asking about wage or salary expectations for the position.
• Forfeited pay. Discussing unvested equity or deferred compensation the applicant would forfeit by resigning. If the applicant raises it voluntarily and without prompting, the employer may ask the applicant to verify the aggregate amount with a letter or document from, at the applicant's choice, the current employer or the entity that administers the funds.

Public records and internal candidates

Subsection (b-10), the rule against asking a current or former employer, has two exceptions. It does not apply when the applicant's pay history is a matter of public record under the Freedom of Information Act or similar law, or appears in a document the former employer made public or filed to comply with the law. That covers, for example, a public-sector salary database. It also does not apply when the applicant is a current employee applying for a position with the same employer. Note what the exceptions do not change: subsection (b-5) still bars screening on pay history and requiring it as a condition of consideration, and (b-20) still bars relying on a volunteered figure. Finding a candidate's old public salary does not make it usable for setting an offer. If you recruit former government employees, keep that lookup out of the process.

How it works with the Illinois pay range law

Since January 1, 2025, subsection (b-25) has required employers with 15 or more employees to include the pay scale and benefits in specific job postings for roles performed at least partly in Illinois or reporting to an Illinois supervisor or worksite, and third parties that post for them must include it. If no posting was made available to the applicant, the employer or employment agency must disclose the pay scale and benefits before any offer or discussion of compensation and on request. The details, including the cure periods, are in our Illinois pay transparency guide. In practice, the posted range should be the first number anyone says on an Illinois call.

Enforcement and penalties

• Private action. Under 820 ILCS 112/30(a-5), for a violation of (b-5), (b-10) or (b-20), the person may recover any damages incurred, "special damages not to exceed $10,000," injunctive relief, and costs and reasonable attorney's fees. Compensatory damages are recoverable only to the extent they exceed the special damages. The deadline is five years from the violation.
• Department penalty. An employer or person who violates (b-5), (b-10), (b-20) or (c) "is subject to a civil penalty not to exceed $5,000 for each violation for each employee affected," payable to the Department of Labor (112/30(c)).
• Complaints. The IDOL FAQ points applicants to its complaint form and the Equal Pay Hotline, 866-372-4365.

The "what do you make now?" moment: a script

Instead of asking

"The range for this role is $70,000 to $82,000 base, plus medical, dental and a 401(k) match (example figures). What are you looking for, and is that firm?"

When the candidate volunteers it

"Thanks, but I'm going to set that aside. In Illinois we can't use current pay even when you offer it, so let's work from what you want. You mentioned $78,000?"

Then do not write it down anywhere, including private notes. A volunteered number that reaches the client is the easiest way to end up relying on it. See what not to write in interview notes.

When equity is at stake

"Is there anything you'd forfeit by leaving, like unvested stock or a deferred bonus? If so, the client may ask for a letter confirming the total, from your employer or the plan administrator, whichever you prefer."

When the client asks

"Illinois covers agencies directly, and the client can't use a candidate's pay history even if the candidate volunteers it. Her expectation is $78,000, and she'd forfeit about $6,000 in unvested stock in June."

An Illinois checklist

1. Remove pay history and minimum-salary screening questions from every form used for Illinois roles.
2. Lead with the posted range; ask expectations using wording from salary expectation questions.
3. Never record or pass on a volunteered figure.
4. Handle forfeited equity under (b-15): ask what would be forfeited, and verify only the aggregate amount by letter if the candidate raised it.
5. Keep pay out of reference calls and background checks.

Illinois is one of the strictest states on volunteered history. See how others compare in salary history ban states.