How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This Act may be cited as the Surveillance-Based Wage Discrimination Act.
Establishes the short title of the Act as the Surveillance-Based Wage Discrimination Act. Imposes no substantive obligation.
As used in this Act: "Automated decision systemAutomated decision system"Automated decision system" means any system, software, or process, including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques and excluding passive computing infrastructure, that uses computation, the result of which is used to assist or replace human decision-making.Section 5" means any system, software, or process, including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques and excluding passive computing infrastructure, that uses computation, the result of which is used to assist or replace human decision-making. "BehaviorsBehaviors"Behaviors" mean an individual's observable, measurable, or inferred actions, habits, preferences, interests, or vulnerabilities, including an individual's political, personal, or professional affiliations, web browsing history, purchase history, financial circumstances, or consumer behaviors.Section 5" mean an individual's observable, measurable, or inferred actions, habits, preferences, interests, or vulnerabilities, including an individual's political, personal, or professional affiliations, web browsing history, purchase history, financial circumstances, or consumer behaviorsBehaviors"Behaviors" mean an individual's observable, measurable, or inferred actions, habits, preferences, interests, or vulnerabilities, including an individual's political, personal, or professional affiliations, web browsing history, purchase history, financial circumstances, or consumer behaviors.Section 5. "Biometric informationBiometric information"Biometric information" means data or information generated by the technological, processing, measurement, or analysis of an employee's biological, physical, or behavioral characteristics, that can be used for the purpose of uniquely identifying an individual. "Biometric information" includes fingerprints, voiceprints, scans or records of an eye retina or iris, facial maps, facial geometry, facial templates, genetic information, or other unique biological, physical, or behavioral patterns or characteristics.Section 5" means data or information generated by the technological, processing, measurement, or analysis of an employee's biological, physical, or behavioral characteristics, that can be used for the purpose of uniquely identifying an individual. "Biometric informationBiometric information"Biometric information" means data or information generated by the technological, processing, measurement, or analysis of an employee's biological, physical, or behavioral characteristics, that can be used for the purpose of uniquely identifying an individual. "Biometric information" includes fingerprints, voiceprints, scans or records of an eye retina or iris, facial maps, facial geometry, facial templates, genetic information, or other unique biological, physical, or behavioral patterns or characteristics.Section 5" includes fingerprints, voiceprints, scans or records of an eye retina or iris, facial maps, facial geometry, facial templates, genetic information, or other unique biological, physical, or behavioral patterns or characteristics. "Employee" has the meaning set forth in the Illinois Wage Payment and Collection Act. "Genetic information" has the meaning set forth in the Health Insurance Portability and Accountability Act of 1996, as specified in 45 CFR 160.103. "IndividualizedIndividualized"Individualized" means specific to an individual or group, band, class, or tier of individuals with particular personal characteristics, behaviors, or biometric information.Section 5" means specific to an individual or group, band, class, or tier of individuals with particular personal characteristicsPersonal characteristics"Personal characteristics" means individual qualities, features, attributes, or traits, including immutable characteristics, such as race and eye color, mutable characteristics, such as address, weight, citizenship, or parenthood status, and any other personally identifiable information that could be used to identify an individual, including social security number, name, or phone number.Section 5, behaviorsBehaviors"Behaviors" mean an individual's observable, measurable, or inferred actions, habits, preferences, interests, or vulnerabilities, including an individual's political, personal, or professional affiliations, web browsing history, purchase history, financial circumstances, or consumer behaviors.Section 5, or biometric informationBiometric information"Biometric information" means data or information generated by the technological, processing, measurement, or analysis of an employee's biological, physical, or behavioral characteristics, that can be used for the purpose of uniquely identifying an individual. "Biometric information" includes fingerprints, voiceprints, scans or records of an eye retina or iris, facial maps, facial geometry, facial templates, genetic information, or other unique biological, physical, or behavioral patterns or characteristics.Section 5. "Personal characteristicsPersonal characteristics"Personal characteristics" means individual qualities, features, attributes, or traits, including immutable characteristics, such as race and eye color, mutable characteristics, such as address, weight, citizenship, or parenthood status, and any other personally identifiable information that could be used to identify an individual, including social security number, name, or phone number.Section 5" means individual qualities, features, attributes, or traits, including immutable characteristics, such as race and eye color, mutable characteristics, such as address, weight, citizenship, or parenthood status, and any other personally identifiable information that could be used to identify an individual, including social security number, name, or phone number. "Surveillance dataSurveillance data"Surveillance data" means data obtained through observation, inference, or surveillance of an employee that is related to personal characteristics, behaviors, or biometric information of the individual or group, band, class, or tier of individuals of which the individual is a part. "Surveillance data" includes information gathered, purchased, or otherwise acquired.Section 5" means data obtained through observation, inference, or surveillance of an employee that is related to personal characteristicsPersonal characteristics"Personal characteristics" means individual qualities, features, attributes, or traits, including immutable characteristics, such as race and eye color, mutable characteristics, such as address, weight, citizenship, or parenthood status, and any other personally identifiable information that could be used to identify an individual, including social security number, name, or phone number.Section 5, behaviorsBehaviors"Behaviors" mean an individual's observable, measurable, or inferred actions, habits, preferences, interests, or vulnerabilities, including an individual's political, personal, or professional affiliations, web browsing history, purchase history, financial circumstances, or consumer behaviors.Section 5, or biometric information of the individual or group, band, class, or tier of individuals of which the individual is a part. "Surveillance dataSurveillance data"Surveillance data" means data obtained through observation, inference, or surveillance of an employee that is related to personal characteristics, behaviors, or biometric information of the individual or group, band, class, or tier of individuals of which the individual is a part. "Surveillance data" includes information gathered, purchased, or otherwise acquired.Section 5" includes information gathered, purchased, or otherwise acquired. "Wage" has the meaning set forth in the Illinois Wage Payment and Collection Act.
Defines the operative terms of the Act. Notably, Automated decision system is defined broadly to encompass any computational system used to assist or replace human decision-making, including machine learning and statistical systems, but excluding passive infrastructure. Surveillance data sweeps in any data obtained through observation, inference, or surveillance of an employee — including data that is purchased from third parties — that relates to personal characteristics, behaviors, or biometric information.
Definitions of Employee and Wage are imported by reference from the Illinois Wage Payment and Collection Act.
(a) 1 A person shall not use surveillance dataSurveillance data"Surveillance data" means data obtained through observation, inference, or surveillance of an employee that is related to personal characteristics, behaviors, or biometric information of the individual or group, band, class, or tier of individuals of which the individual is a part. "Surveillance data" includes information gathered, purchased, or otherwise acquired.Section 5 as part of an automated decision systemAutomated decision system"Automated decision system" means any system, software, or process, including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques and excluding passive computing infrastructure, that uses computation, the result of which is used to assist or replace human decision-making.Section 5 to inform the individualizedIndividualized"Individualized" means specific to an individual or group, band, class, or tier of individuals with particular personal characteristics, behaviors, or biometric information.Section 5 wage paid to an employee. A person does not violate this subsection if the person: (1) offered individualizedIndividualized"Individualized" means specific to an individual or group, band, class, or tier of individuals with particular personal characteristics, behaviors, or biometric information.Section 5 wages based solely on: (A) data specific to the individual employee that is directly related to the tasks the employee was hired to perform; or (B) differences in the cost to the employee of providing labor to the person; (2) discloses in plain language before hiring an employee whose wages are set in whole or in part through automated decision-making what data is considered and how automated decision-making considers that data; and (3) developed and proactively provided to employees reasonable procedures to ensure the accuracy of all data considered by an automated decision-making system in setting wage rates, as determined by rule.
(b) This Section shall not apply to a person who makes a decision not to hire an employee that the person has not previously employed.
The operative prohibition. Section 10(a) bars any person from using surveillance data as part of an automated decision system to inform the individualized wage paid to an employee. The provision is structured as a prohibition with a three-part safe harbor: an employer escapes liability only if (i) wages are based solely on task-related individual employee data or actual cost-of-labor differences, (ii) the employer provides plain-language pre-hire disclosure describing what data is considered and how the automated system uses it, AND (iii) the employer has developed and proactively provided employees with reasonable accuracy-assurance procedures, as determined by rule.
Section 10(b) carves out hiring decisions for prospective employees who have not previously been employed by the person — the Act applies only to existing employment relationships.
The Attorney General shall enforce this Act. A person who violates this Act shall be subject to a civil penalty not to exceed $10,000 for each violation and reasonable attorney's fees. A violation of any provision of this Act shall constitute a separate violation with respect to each employee.
Designates the Illinois Attorney General as the public enforcer and authorizes civil penalties not to exceed $10,000 per violation plus reasonable attorney's fees. Critically, each affected employee constitutes a separate violation — meaning a single algorithmic wage-setting deployment touching many employees can multiply penalties dramatically.
(a)–(b) A person aggrieved by a violation of this Act may bring a civil action on behalf of themselves or a group of similarly situated persons to restrain further violations and to recover damages, costs, and reasonable attorney's fees, including the greater of: (1) the amount of actual damages sustained; (2) $3,000 for each violation; or (3) 3 times the amount of actual damages sustained, if it is established by clear and convincing evidence that the person who violated this Act engaged in bad faith conduct or intentionally violated this Act. (b) A violation of any provision of this Act shall constitute a separate violation with respect to each employee.
Creates a private right of action permitting an aggrieved person to sue individually or on behalf of similarly situated persons (an explicit representative-action authorization). Recoverable amounts are the greater of actual damages, $3,000 per violation, or treble actual damages where bad faith or intentional violation is proven by clear and convincing evidence. Injunctive relief, costs, and reasonable attorney's fees are also available. As with AG enforcement, each affected employee is a separate violation.
Nothing in this Act, including the enforcement authority granted to the Attorney General, preempts or otherwise affects any other right, claim, remedy, presumption, or defense available at law or in equity.
Savings clause confirming the Act does not preempt or otherwise affect any other right, claim, remedy, presumption, or defense available at law or in equity. Imposes no compliance obligation.
The Attorney General may adopt rules necessary to implement and enforce this Act.
Authorizes the Attorney General to adopt rules necessary to implement and enforce the Act. The data-accuracy procedures required as a condition of the Section 10 safe harbor are explicitly to be defined by such rule.