MS HB1136

Prohibits employers engaged in commerce from paying employees different wages based on sex, race, or ethnicity for equal work requiring equal skill, effort, responsibility, and similar working conditions.

Allows wage differentials only when based on seniority systems, merit systems, production quality/quantity systems, or other bona fide job-related factors not derived from sex, race, or ethnicity discrimination.

Prohibits employers from requiring employees to keep wages confidential, from seeking or relying on applicants' wage history when hiring or setting initial pay, and from retaliating against employees who discuss wages.

Provides affected employees may recover unpaid wages, liquidated damages, compensatory damages up to $10,000 for violations of wage confidentiality or history provisions, punitive damages for malice or reckless indifference, attorney's fees, and costs within two years of the discriminatory practice.

Allows employers to avoid punitive damages if they completed a good faith self-evaluation of pay practices within three years before the lawsuit and eliminated wage differentials for the affected employee and protected class.