Business & Work

Starting in 2025, many Illinois employers will have to include pay and benefits details in their job postings. Employers also cannot discriminate against job applicants. If you face discrimination or other violations, you can file a complaint with the Illinois Department of Labor.

Do job postings have to include information about pay and benefits?

Starting on January 1, 2025, employers with 15 or more employees must include pay and benefits information in their job postings. Employees both inside and outside of Illinois count for purposes of deciding if the employer has 15 or more employees. 

If a job is posted to people outside of the company, employers must notify current employees about the job posting within 14 calendar days.

If there is no job posting for a position, an employer must share pay and benefits information if an applicant asks. This is true even if the candidate came to the employer through a third party engaged by the employer. 

If you believe an employer has not met the above requirements under the Illinois Equal Pay Act, you can file a complaint with the Illinois Department of Labor (IDOL). Complaints must be filed within one year. If you submit a complaint about a job posting, try to include a link, picture, or screenshot of the posting.

Learn more about pay transparency on the IDOL website.

Can an employer ask about previous pay?

Under the Illinois Equal Pay Act, an employer cannot ask for or require information about your prior pay. This includes information about benefits and other forms of compensation, too. There are exceptions to this rule, including if your salary is a matter of public record or if you are a current employee. Also, an employer can ask about your pay expectations for the position.

If you were improperly asked about your prior salary or benefits, you can file an equal pay complaint with IDOL. Learn more about the Equal Pay Act on the IDOL website. 

Are there other limits to what a potential employer can ask?

Yes. Under the Illinois Human Rights Act, a potential employer cannot discriminate against job applicants. Potential employers cannot ask you about your status in certain categories, including:

• Race, though employers are allowed to ask an employee to reveal their race voluntarily,
• Color,
• Religion,
• National origin, which could include questions like “Where did you grow up?” and “Where are your parents from?”,
• Ancestry,
• Age, including indirect questions, such as “When did you graduate from college/high school?”,
• Sex,
• Marital status, which could include seemingly innocent questions, such as “Do you wish to be addressed as Mrs., Miss, or Ms.?”,
• Order of Protection status,
• Disability, including asking if you have had any past illnesses or operations,
• Military status,
• Sexual orientation,
• Unfavorable discharge from military service, except for dishonorable discharge,
• Pregnancy,
• Reproductive health care decisions (effective January 1, 2025),
• Family responsibilities (effective January 1, 2025),
• Citizenship status,
• Arrest record, and
• Conviction record.

While a potential employer cannot ask you about your status in the categories above, they can ask you:

• If you are over the age of 18 to determine whether you are legally eligible to perform a job,
• If you are authorized to work in the United States,
• If you have ever been disciplined for violating company policies about the use of alcohol and tobacco products, and
• About long-term career goals, your availability to work overtime, and your ability to travel.

What can a potential employer ask about criminal history?

Under the Employee Background Fairness Act, an employer cannot ask you on an application or in a job interview about:

• Arrests on your criminal record that did not lead to a conviction, and
• Convictions that have been dismissed, sealed, or expunged.

If a business has 15 or more employees, they cannot ask you about your criminal history during the initial application process, even if it does not meet the description above. They can only ask you about your criminal history once they have selected you for an interview. Learn more about what you have to tell your employer. 

If the hiring process doesn’t require an interview, then they can only ask you about your criminal history once they make you a conditional offer of employment. 

What can a job applicant do if they experience discrimination?

If you believe you have experienced unlawful discrimination as a job applicant, you can file a report against that employer. Learn more about where to report workplace discrimination and proving workplace discrimination.