Illinois employers with 15 or more employees must include pay scale and benefits information in covered internal and external job postings for positions performed at least partly in Illinois or reporting to an Illinois supervisor, office or work site. The disclosure must be made in good faith and can include a wage or salary range together with a general description of benefits and other compensation. Illinois also requires covered employers that externally publish a specific job opportunity to make that opportunity known to current employees within 14 calendar days. When no job posting is used, pay scale and benefits may still have to be provided to an applicant before an offer or compensation discussion and on request. Employers must preserve required records for at least five years.
Jurisdiction: Illinois
Illinois Pay Transparency Applies to Employers With 15 or More Employees
Illinois's pay transparency amendments took effect on January 1, 2025. The Illinois Department of Labor explains that employers with 15 or more employees are covered when they publish a specific job posting for work performed at least partly in Illinois or for work performed outside Illinois that reports to an Illinois supervisor, office or work site. The rule applies to internal and external postings and also reaches third parties acting on the employer's behalf. Employers should therefore include staffing firms, recruiting vendors and job-board feeds in the same compliance process rather than treating third-party publication as outside the statute.
Covered Job Postings Must Include Pay Scale and Benefits
A covered Illinois posting must include the position's pay scale and benefits. Illinois regulations define this concept broadly enough to include the wage or salary, or a wage or salary range, plus a general description of benefits and other compensation the employer reasonably expects in good faith to offer. The Department's guidance identifies items such as anticipated or possible bonuses, stock options and other incentives as potential elements of other compensation. The posted information can be based on an established pay scale, the previously determined range, the actual range of employees in equivalent positions, a compensation model or the budgeted amount for the position, as applicable.
The Pay Information Must Be Set in Good Faith
Illinois does not require the ultimate offer to fall mechanically within the exact range in the posting, but the information disclosed must be created and published in good faith. The Department may examine the facts and employer records when assessing whether a range was genuine. That means an employer should be able to show how the range and benefits information were determined before publication. Extremely broad ranges that are unsupported by the compensation budget or actual pay practice create avoidable risk. A stronger process records the source of the range, the decision date and any later reason for offering compensation outside the originally published information.
Illinois Also Regulates Promotional Opportunity Notice
Illinois's framework goes beyond public-facing salary disclosure. If a covered employer or its agent externally publishes a specific job posting, the employer generally must make the opportunity known to all current employees within 14 calendar days after the external posting. The communication method should make the information reasonably available to the workforce. An intranet, email system, physical board or another established channel may work depending on the workforce, but the method must account for employees who do not regularly use the default channel. Employers should document when and how each covered opportunity was communicated internally.
Applicants Can Have Rights Even When No Posting Is Used
An employer is not required to create a job posting for every hire. However, if the hiring process proceeds without a public or internal posting for the job, promotion, transfer or other opportunity, Illinois can still require disclosure of the pay scale and benefits to the applicant before an offer or discussion of compensation and at the applicant's request. Recruiter scripts and candidate workflows therefore should not assume that transparency duties disappear merely because a role was filled through direct sourcing, succession planning or targeted recruitment.
Pay Transparency Records Must Be Preserved for at Least Five Years
Illinois requires employers subject to the Equal Pay Act to make and preserve records relevant to pay transparency. The Department's guidance identifies the pay scale and benefits for each position, job postings, promotional opportunity records, pay determinations and related information among the records that should be retained. The statutory minimum is at least five years, and records connected to an ongoing investigation or enforcement action may need to be kept longer. Employers using third-party recruiters should preserve both what they sent to the vendor and what the vendor actually published because the employer remains responsible for its own recordkeeping obligations.
Frequently Asked Questions
How many employees trigger Illinois pay transparency requirements?
The Illinois posting requirements generally apply to employers with 15 or more employees.
Does Illinois require benefits in job postings?
Yes. Covered postings must include pay scale and benefits information, including a general description of benefits and other compensation the employer reasonably expects in good faith to offer.
Does Illinois require internal notice of externally posted jobs?
Yes. Covered employers that externally publish a specific job opportunity generally must make that opportunity known to current employees within 14 calendar days.
Related Guides
Official Sources
Requirements and practices differ by jurisdiction and organisation. Check current local law, official guidance and professional advice for a specific situation.