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IN SB0395
Bill
Status
1/10/2019
Primary Sponsor
Mark Stoops
Click for details
AI Summary
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Prohibits employers from paying employees of one sex at a lower rate than employees of the opposite sex for substantially similar work performed in the same establishment, with exceptions for seniority systems, merit systems, production-based pay, and bona fide factors like education or experience
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Bans employers from providing less favorable employment opportunities based on sex, including assigning employees to less favorable positions or career tracks, failing to provide promotion information, or limiting job opportunities
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Protects employees' rights to inquire about, discuss, or disclose their own wages or coworkers' wages, and prohibits employers from requiring employees to sign waivers denying these rights or taking adverse actions against employees who discuss pay
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Allows employees to sue for injunctive relief, wage differential damages, and liquidated damages, with a 3-year statute of limitations from termination of employment; prevailing plaintiffs receive attorney's fees and prejudgment interest
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Grants the Indiana Civil Rights Commission jurisdiction over complaints, with authority to attempt mediation or request the attorney general bring enforcement actions; employers who interfere with investigations face Class A infractions or misdemeanors for repeat offenses
Legislative Description
Fair pay in employment. Provides that it is an unlawful employment practice to: (1) pay wages that discriminate on the basis of sex for substantially similar work; (2) provide less favorable employment opportunities to an employee on the basis of sex; (3) take an adverse employment action against an employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages; and (4) require an employee to sign a waiver or other document that purports to deny the employee the right to disclose the employee's wage information. Provides that an employer may, under certain circumstances, limit discussion of employee wages. Provides that the civil rights commission has jurisdiction for the investigation and resolution of complaints of these employment actions.
Last Action
First reading: referred to Committee on Pensions and Labor
1/10/2019