The bill removes the authority of the director of the division of labor standards and statistics in the department of labor and employment (director) to enforce wage discrimination complaints based on an employee's sex and instead permits an aggrieved person to bring a civil action in district court to pursue remedies specified in the bill. The bill allows exceptions to the prohibition against a wage differential based on sex if the employer demonstrates that a wage differential is based upon one or more factors, including:
- A seniority system;
- A merit system; or
- A system that measures earnings by quantity or quality of production. The bill prohibits an employer from:
- Seeking the wage rate history of a prospective employee;
- Relying on a prior wage rate to determine a wage rate;
- Discriminating or retaliating against a prospective employee for failing to disclose the employee's wage rate history; and
- Discharging or retaliating against an employee for actions by an employee asserting the rights established by the bill against an employer.
The bill requires an employer to announce to all employees employment advancement opportunities and job openings and the pay range for the openings. The director is authorized to enforce actions against an employer concerning transparency in pay and employment opportunities, including fines of between $500 and $10,000 per violation.
Current status
- Governor Signed (05/22/2019)
- Senate Considered House Amendments - Result was to Concur - Repass (04/30/2019)
- House Third Reading Passed - No Amendments (04/27/19)
- House Second Reading Special Order - Passed with Amendments - Committee, Floor (04/26/19)
- House Committee on Appropriations Refer Unamended to House Committee of the Whole (04/23/19)
- Introduced In House - Assigned to Business Affairs & Labor (04/04/2019)
- Senate Third Reading Passed - No Amendments (04/04/2019)
- Senate Second Reading Passed with Amendments - Committee (04/03/2019)
- Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole (03/29/2019)
- Senate Committee on Judiciary Refer Amended to Appropriations (02/20/2019)
- Introduced In Senate - Assigned to Judiciary (01/17/2019)
