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SPONSOR: |
HAFC |
DATE TYPED: |
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HB |
41/HAFCS |
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SHORT TITLE: |
Prohibit Gender-Based Wage Discrimination |
SB |
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ANALYST: |
Gilbert |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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NFI |
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(Parenthesis
( ) Indicate Expenditure Decreases)
LFC Files
SUMMARY
Synopsis
of Bill
The
HAFC Substitute for House Bill 41 prohibits wage discrimination based on
gender, unless such discrimination results from a seniority system, merit
system, system that measures earnings by quantity or quality of production, or
a differential based on factors other than gender. Violations of this Act would
entitle an employee to file a civil suit and recover back wages, costs, and reasonable
attorney fees.
If
an employee recovers amounts due pursuant to this bill, and also brings action
pursuant to 29 U.S.C. 206(d) that results in recovery under federal law for the
same violation, the employee must return to the employer the amount recovered
pursuant to this section or the amount recovered under federal law, whichever
is less.
The federal Equal Pay Act is currently available
to redress gender pay discrimination, and with potential for greater damages
and back pay recovery.
This bill does not require that seniority,
merit, or incentive systems be bona fide in order to operate as employer
defenses under the Act. The federal Equal Pay Act includes such language as
outlined below:
An amendment to HB41/HAFCS, Section 1A,
clarifying that seniority, merit, or incentive systems must be bona fide
in order to serve as employer defenses under the Act, may be appropriate.
RLG/yr/njw