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IN HB1282
Bill
Status
1/10/2019
Primary Sponsor
Sue Errington
Click for details
AI Summary
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Prohibits employers from paying employees less than employees of the opposite sex for substantially similar work under similar working conditions, with exceptions for seniority systems (unaffected by pregnancy or family leave), merit systems, production-based pay systems, and bona fide occupational qualifications
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Bars employers from seeking or relying on job applicants' salary history when making hiring decisions or setting wages, except when the applicant voluntarily provides wage history to negotiate higher compensation after receiving an offer
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Requires employers to provide wage ranges to applicants upon request or before asking about wage expectations, and to current employees annually and upon request
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Protects employees from retaliation or discrimination for inquiring about, discussing, or disclosing wages, and prohibits employers from requiring waivers of these rights
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Establishes civil penalties for violations: $2,500 for first offense, $3,000 for second offense, and $5,000 for third or subsequent violations, effective July 1, 2019
Legislative Description
Pay equity. Provides that an employer may not discriminate between employees on the basis of sex by paying to employees a rate less than the rate at which the employer pays wages to employees of the opposite sex for substantially similar work on jobs under similar working conditions, unless the payment is made pursuant to: (1) a seniority system that is not affected by pregnancy or by parental, family, or medical leave; (2) a merit system; (3) a system which measures earnings by quantity or quality of production, as long as that system is not being used as a pretext for discrimination; or (4) a bona fide occupational qualification that is not discriminatory, but that is job related and consistent with a business necessity. Defines "business necessity". Prohibits, with certain exceptions, an employer from using an applicant's salary history in the hiring process. Prohibits an employer from discriminating or retaliating against an employee for discussing or disclosing wages.
Last Action
Representative Candelaria Reardon added as coauthor
1/17/2019