SB 742 Requires equal pay for the same work regardless of gender and establishes a commission to study wage disparities
Sponsor: Bray Co-Sponsor(s)
LR Number: 3179S.01I Fiscal Note:
Committee: Small Business, Insurance & Industrial Relations
Last Action: 1/10/2008 - Second Read and Referred S Small Business, Insurance & Industrial Relations Committee Journal Page: S73
Title: Calendar Position:
Effective Date: August 28, 2008

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Current Bill Summary


SB 742 - This act prohibits employers from paying any employee lower wages than those paid to employees of the opposite gender for the same work. Under the act, employees may bring a civil cause of action against employers who engage in such a discriminatory practice. Wage payment differentials based on merit systems, regional economic factors, factors that measure pay due to output, or other bona fide factors other than gender, are not actionable. Varying local market rates are not bona fide factors under the act.

Employers cannot reduce wages to comply with this act or retaliate against employees that seek the legal protections from retaliation provided by this act. If employers retaliate, employees can recover actual and compensatory damages

Remedies for any unlawful gender-based pay practices include: actual and compensatory damages, injunction, and recovery of court costs and attorneys fees.

This act abolishes the six-month statute of limitations for filing an action for employer violations and requires that an action be brought within two years after the violation occurs or the date of reasonable discovery of such a violation.

The Equal Pay Commission is established to study the causes and consequences of wage disparities.

The act imposes certain record-keeping and reporting requirements upon employers to document wage rates.

This act is similar to SB 873 (2004), SB 119 (2005), SB 700 (2006), and SB 336 (2007).

CHRIS HOGERTY