Metro East Sun

Equal-pay legislation was as unpopular in the Senate as it was in the House.

HB 4163, sponsored by Sen. Cristina Castro (D-Elgin), forbids an employer from asking job candidates about their prior salary history and benefit package when interviewing them for a job, which, according to the sponsor, perpetuates wage discrimination.

The bill passed on the House floor on March 6, but it was rejected by Sen. Kyle McCarter (R-Lebanon), who immediately questioned its relation to SB 3100, which Castro said was not similar. 

Sen. Kyle McCarter (R-Lebanon)

“My bill, HB 4163, sets clear parameters on what is unlawful use of wage or salary history,” Castro said.

Business groups testified in committee about why they oppose the bill, according to McCarter, who asked the sponsor to explain their rejection. Castro said the biggest issues that businesses have are the penalties, but she said that she had tried to work with them for a compromise, to no avail.

That is not how McCarter saw it, saying in a committee earlier that afternoon that SB 3100 was passed with the businesses' approval. 

“It made modifications to this bill so it wasn’t going after business in this state, which we do time after time after time,” he said.

As an employer, McCarter said he doesn't ask the question to prospective employees for a very good reason. 

“The market will determine whether people work for you,” he said. “This is not the way you attract people to your state.”

After McCarter said that the bill is not a good way to grow the state's economy. 

“You had a chance for compromise, and yet you run this bill under the premise that employers are bad,” McCarter said.

Like McCarter, Sen. Dale Righter (R-Mattoon) wanted to know why Castro was presenting HB 4163 when SB 3100 addresses the same fundamental issues. Again, Castro said the bill is different, noting that business groups offered proposals that she did not feel went far enough.

“We offered counter proposals, even looking at the penalties, and they thought it went too far,” Castro said.

But most of all, her bill defines other factors other than just gender that could cause wage discrimination, she said. And her bill does not allow an employer to ask about benefits, where SB 3100 does.

However, the bottom line is that no matter what the number is, the bill is simply just a talking point and nothing more, according to Righter. 

“A bill very similar to this one last year passed the Senate and passed the House and was vetoed by the governor,” he said.

He added that the same will happen with HB 4163. However, the Senate passed the bill in a 31-16 vote, and the bill will now be placed on the governor’s desk for final consideration.