HB 1909 - Pay Equity; Gender Discrimination

• Changes equal pay requirement from "equal work" to "substantially similar work" in terms of skill, effort, and responsibility, removing the "same establishment" limitation that prevented salary comparisons across different physical locations.

• Eliminates "system that measures earnings by quantity or quality of production" as an affirmative defense and replaces it with a bona fide factor other than sex, which cannot have disparate impact based on sex or must be job-related with no less discriminatory alternatives.

• Prohibits employers from discussing, inquiring about, or retaliating against employees who disclose or discuss their own wages or co-workers' wages for exercising rights under this section.

• Bans employers from screening job applicants based on wage or salary history and prohibits seeking salary history from prospective employees without written authorization provided only after a job offer is made.

• Requires employers to include minimum rate of pay, overtime, and allowances in all job advertisements and prohibits paying employees less than the advertised rate; takes effect July 1, 2016.