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(B) REDUCES FAMILY INCOMES AND CONTRIBUTES TO THE HIGHER POVERTY RATES
AMONG FEMALE-HEADED AND MINORITY HOUSEHOLDS;
(C) PREVENTS THE MAXIMUM UTILIZATION OF THE AVAILABLE LABOR RESOURCES;
(D) TENDS TO CAUSE LABOR DISPUTES, THEREBY BURDENING, AFFECTING, AND
OBSTRUCTING COMMERCE;
(E) CONSTITUTES AN UNFAIR METHOD OF COMPETITION; AND
(F) VIOLATES THE STATE'S PUBLIC POLICY AGAINST DISCRIMINATION;
(3) DISCRIMINATION IN WAGE-SETTING PRACTICES HAS PLAYED A ROLE IN
DEPRESSING WAGES FOR WOMEN AND MINORITIES GENERALLY;
(4) MANY INDIVIDUALS WORK IN OCCUPATIONS THAT ARE DOMINATED BY INDI-
VIDUALS OF THEIR SAME SEX, RACE, AND/OR NATIONAL ORIGIN, AND DISCRIMI-
NATION IN HIRING, JOB ASSIGNMENT AND PROMOTION HAS PLAYED A ROLE IN
ESTABLISHING AND MAINTAINING SEGREGATED WORK FORCES;
(5) ELIMINATING DISCRIMINATION IN COMPENSATION BASED ON SEX, RACE AND
NATIONAL ORIGIN WOULD HAVE POSITIVE EFFECTS, INCLUDING:
(A) PROVIDING A SOLUTION TO PROBLEMS IN THE ECONOMY CREATED BY DISCRI-
MINATORY WAGE DIFFERENTIALS;
(B) REDUCING THE NUMBER OF WORKING WOMEN AND PEOPLE OF COLOR EARNING
LOW WAGES, THEREBY LOWERING THEIR INCIDENCE OF POVERTY DURING NORMAL
WORKING YEARS AND IN RETIREMENT; AND
(C) PROMOTING STABLE FAMILIES BY RAISING FAMILY INCOMES.
(B) IT IS THE PURPOSE OF THIS ARTICLE TO CORRECT AND AS RAPIDLY AS
PRACTICABLE TO ELIMINATE DISCRIMINATORY WAGE PRACTICES BASED ON SEX,
RACE AND/OR NATIONAL ORIGIN.
S 752. DEFINITIONS. (A) THE TERM "EMPLOY" SHALL MEAN TO SUFFER OR
PERMIT TO WORK.
(B) THE TERM "EMPLOYEE" SHALL MEAN ANY PERSON EMPLOYED BY AN EMPLOYER
AND INCLUDES ALL OF AN EMPLOYER'S PERMANENT EMPLOYEES, WHETHER WORKING
FULL-TIME OR PART-TIME, AND ANY TEMPORARY EMPLOYEE EMPLOYED BY AN
EMPLOYER FOR A PERIOD OF AT LEAST THREE MONTHS. "EMPLOYEE" SHALL NOT
INCLUDE ANY INDIVIDUAL EMPLOYED BY HIS OR HER PARENTS, SPOUSE OR CHILD.
(C) THE TERM "EMPLOYER" SHALL MEAN ANY PERSON WHO EMPLOYS FOUR OR MORE
PERSONS AND INCLUDES THE STATE AND ALL POLITICAL SUBDIVISIONS THEREOF.
(D) THE TERM "EQUIVALENT JOBS" MEANS JOBS OR OCCUPATIONS THAT ARE
EQUAL WITHIN THE MEANING OF THE EQUAL PAY ACT OF 1963, 29 U.S.C.
206(D), OR JOBS OR OCCUPATIONS THAT ARE DISSIMILAR BUT WHOSE REQUIRE-
MENTS ARE EQUIVALENT, WHEN VIEWED AS A COMPOSITE OF SKILLS, EFFORT,
RESPONSIBILITY AND WORKING CONDITIONS. EQUIVALENCY OF SKILL, EFFORT,
RESPONSIBILITY AND WORKING CONDITIONS SHALL BE DETERMINED BY UTILIZING
JOB COMPARISON METHODOLOGIES THAT DO NOT IGNORE OR UNDERVALUE THE WORTH
OF JOBS WHERE WOMEN AND MINORITIES ARE DISPROPORTIONATELY REPRESENTED.
(E) THE TERM "PERSON" SHALL MEAN ONE OR MORE INDIVIDUALS, PARTNER-
SHIPS, ASSOCIATIONS, CORPORATIONS, LIMITED LIABILITY COMPANIES, LEGAL
REPRESENTATIVES, TRUSTEES, TRUSTEES IN BANKRUPTCY, RECEIVERS AND THE
STATE AND ALL POLITICAL SUBDIVISIONS AND AGENCIES THEREOF.
(F) THE TERM "LABOR ORGANIZATION" SHALL MEAN ANY ORGANIZATION THAT
EXISTS FOR THE PURPOSE, IN WHOLE OR PART, OF COLLECTIVE BARGAINING OR OF
DEALING WITH EMPLOYERS CONCERNING GRIEVANCES, TERMS OF CONDITIONS OF
EMPLOYMENT, OR OF OTHER MUTUAL AID OR PROTECTION IN CONNECTION WITH
EMPLOYMENT.
(G) THE TERM "WAGES" AND WAGE "RATES" SHALL INCLUDE ALL COMPENSATION
IN ANY FORM THAT AN EMPLOYER PROVIDES TO EMPLOYEES IN PAYMENT FOR WORK
DONE OR SERVICES RENDERED, INCLUDING BUT NOT LIMITED TO BASE PAY, BONUS-
ES, COMMISSIONS, AWARDS, TIPS, OR VARIOUS FORMS OF NON-MONETARY COMPEN-
SATION IF PROVIDED IN LIEU OF OR IN ADDITION TO MONETARY COMPENSATION
AND THAT HAVE ECONOMIC VALUE TO AN EMPLOYEE.
A. 6937 3
S 753. PROHIBITION AGAINST DISCRIMINATION IN WAGES. (A) IT SHALL BE AN
UNLAWFUL EMPLOYMENT PRACTICE IN VIOLATION OF THIS ARTICLE FOR AN EMPLOY-
ER TO DISCRIMINATE BETWEEN EMPLOYEES ON THE BASIS OF SEX, RACE AND/OR
NATIONAL ORIGIN BY:
(1) PAYING WAGES TO EMPLOYEES AT A RATE LESS THAN THE RATE PAID TO
EMPLOYEES OF THE OPPOSITE SEX OR OF A DIFFERENT RACE OR NATIONAL ORIGIN
FOR WORK IN EQUIVALENT JOBS; AND/OR
(2) PAYING WAGES TO EMPLOYEES IN A JOB THAT IS DOMINATED BY EMPLOYEES
OF A PARTICULAR SEX, RACE OR NATIONAL ORIGIN AT A RATE LESS THAN THE
RATE AT WHICH SUCH EMPLOYER PAYS TO EMPLOYEES IN ANOTHER JOB THAT IS
DOMINATED BY EMPLOYEES OF THE OPPOSITE SEX OR OF A DIFFERENT RACE OR
NATIONAL ORIGIN, FOR WORK ON EQUIVALENT JOBS.
(B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
IT SHALL NOT BE AN UNLAWFUL EMPLOYMENT PRACTICE FOR AN EMPLOYER TO PAY
DIFFERENT WAGE RATES TO EMPLOYEES, WHERE SUCH PAYMENTS ARE MADE PURSUANT
TO:
(1) A BONA FIDE SENIORITY OR MERIT SYSTEM;
(2) A BONA FIDE SYSTEM THAT MEASURES EARNINGS BY QUANTITY OR QUALITY
OF PRODUCTION;
(3) A BONA FIDE SYSTEM BASED ON GEOGRAPHIC DIFFERENTIALS; OR
(4) A BONA FIDE FACTOR OTHER THAN SEX, RACE OR NATIONAL ORIGIN, SUCH
AS EDUCATION, TRAINING, OR EXPERIENCE. SUCH FACTOR: (A) SHALL NOT BE
BASED UPON OR DERIVED FROM A SEX, RACE OR NATIONAL ORIGIN BASED DIFFER-
ENTIAL IN COMPENSATION AND (B) SHALL BE JOB-RELATED WITH RESPECT TO THE
POSITION IN QUESTION AND SHALL BE CONSISTENT WITH BUSINESS NECESSITY.
SUCH EXCEPTION UNDER THIS PARAGRAPH SHALL NOT APPLY WHEN THE EMPLOYEE
DEMONSTRATES (I) THAT AN EMPLOYER USES A PARTICULAR EMPLOYMENT PRACTICE
THAT CAUSES A DISPARATE IMPACT ON THE BASIS OF SEX, RACE OR NATIONAL
ORIGIN, (II) THAT AN ALTERNATIVE EMPLOYMENT PRACTICE EXISTS THAT WOULD
SERVE THE SAME BUSINESS PURPOSE AND NOT PRODUCE SUCH DIFFERENTIAL, AND
(III) THAT THE EMPLOYER HAS REFUSED TO ADOPT SUCH ALTERNATIVE PRACTICE.
(C) FOR THE PURPOSE OF SUBDIVISION (B) OF THIS SECTION, "BUSINESS
NECESSITY" SHALL BE DEFINED AS A FACTOR THAT BEARS A MANIFEST RELATION-
SHIP TO THE EMPLOYMENT IN QUESTION.
(D) AN EMPLOYER WHO IS PAYING WAGES IN VIOLATION OF THIS SECTION SHALL
NOT, IN ORDER TO COMPLY WITH THE PROVISIONS OF THIS SECTION, REDUCE THE
WAGE OF ANY EMPLOYEE.
(E) NO LABOR ORGANIZATION OR ITS AGENTS REPRESENTING EMPLOYEES OF AN
EMPLOYER HAVING EMPLOYEES SUBJECT TO ANY PROVISION OF THIS CHAPTER SHALL
CAUSE OR ATTEMPT TO CAUSE SUCH AN EMPLOYER TO DISCRIMINATE AGAINST AN
EMPLOYEE IN VIOLATION OF SUBDIVISION (A) OF THIS SECTION.
(F) AN AGREEMENT BY ANY EMPLOYEE TO WORK FOR LESS THAN THE COMPEN-
SATION TO WHICH THE EMPLOYEE IS ENTITLED UNDER THIS ARTICLE SHALL NOT BE
A BAR TO ANY ACTION TO WHICH THE EMPLOYEE WOULD OTHERWISE BE ENTITLED TO
ENFORCE THE PROVISIONS OF THIS ARTICLE.
(G) NOTHING SET FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES
THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMIN-
ISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
(H) (1) THE DEPARTMENT SHALL PROMULGATE REGULATIONS SPECIFYING THE
CRITERIA FOR DETERMINING WHETHER A JOB IS DOMINATED BY EMPLOYEES OF A
PARTICULAR SEX, RACE, OR NATIONAL ORIGIN. CRITERIA SHALL INCLUDE, BUT
NOT BE LIMITED TO, FACTORS SUCH AS WHETHER THE JOB HAS EVER BEEN FORMAL-
LY CLASSIFIED AS OR TRADITIONALLY CONSIDERED TO BE A "MALE" OR "FEMALE"
OR "WHITE" OR "MINORITY" JOB; WHETHER THERE IS A HISTORY OF DISCRIMI-
NATION AGAINST WOMEN AND/OR PEOPLE OF COLOR WITH REGARD TO WAGES,
A. 6937 4
ASSIGNMENT OR ACCESS TO JOBS, OR OTHER TERMS AND CONDITIONS OF EMPLOY-
MENT; AND THE DEMOGRAPHIC COMPOSITION OF THE WORK FORCE IN EQUIVALENT
JOBS E.G., NUMBERS OR PERCENTAGES OF WOMEN, MEN, WHITE PERSONS AND
PEOPLE OF COLOR. THE REGULATIONS SHALL NOT INCLUDE A LIST OF JOBS.
(2) THE DEPARTMENT SHALL PROMULGATE REGULATIONS SPECIFYING THE METHOD-
OLOGY FOR DETERMINING EQUIVALENT SKILL, EFFORT, RESPONSIBILITY AND WORK-
ING CONDITIONS. ANY METHODOLOGY PRESCRIBED BY THE DEPARTMENT SHALL
ENSURE THAT COMPARISON SYSTEMS DO NOT IGNORE OR UNDERVALUE THE WORTH OF
JOBS WHERE WOMEN AND MINORITIES ARE DISPROPORTIONATELY REPRESENTED.
(3) THE EQUIVALENCE OF JOBS DOMINATED BY EMPLOYEES OF A PARTICULAR
SEX, RACE OR NATIONAL ORIGIN RELATIVE TO JOBS DOMINATED BY EMPLOYEES OF
THE OPPOSITE SEX OR OF A DIFFERENT RACE OR ORIGIN WILL BE ESTABLISHED
THROUGH THE APPLICATION OF A SINGLE JOB COMPARISON SYSTEM THAT DOES NOT
SYSTEMATICALLY IGNORE OR UNDERVALUE THE JOB CONTENT OF TRADITIONALLY
FEMALE AND MINORITY JOBS.
S 754. OTHER PROHIBITED ACTS. IT SHALL BE AN UNLAWFUL EMPLOYMENT PRAC-
TICE IN VIOLATION OF THIS ARTICLE FOR AN EMPLOYER:
(A) TO TAKE ADVERSE ACTIONS OR OTHERWISE DISCRIMINATE AGAINST ANY
INDIVIDUAL BECAUSE SUCH INDIVIDUAL HAS OPPOSED ANY ACT OR PRACTICE MADE
UNLAWFUL BY THIS ARTICLE, HAS SOUGHT TO ENFORCE RIGHTS PROTECTED UNDER
THIS ARTICLE, OR HAS TESTIFIED, ASSISTED, OR PARTICIPATED IN ANY MANNER
IN AN INVESTIGATION, HEARING, OR OTHER PROCEEDING TO ENFORCE THIS ARTI-
CLE; OR
(B) TO DISCHARGE OR IN ANY OTHER MANNER DISCRIMINATE AGAINST, COERCE,
INTIMIDATE, THREATEN, OR INTERFERE WITH ANY EMPLOYEE OR ANY OTHER PERSON
BECAUSE THE EMPLOYEE INQUIRED ABOUT, DISCLOSED, COMPARED, OR OTHERWISE
DISCUSSED THE EMPLOYEE'S WAGES OR THE WAGES OF ANY OTHER EMPLOYEE, OR
BECAUSE THE EMPLOYEE EXERCISED, ENJOYED, AIDED, OR ENCOURAGED ANY OTHER
PERSON TO EXERCISE OR ENJOY ANY RIGHT GRANTED OR PROTECTED BY THIS ARTI-
CLE.
S 755. REMEDIES AND ENFORCEMENT. (A) (1) THE DEPARTMENT SHALL RECEIVE,
INVESTIGATE, AND ATTEMPT TO RESOLVE COMPLAINTS OF VIOLATIONS OF THIS
ARTICLE.
(2) IN THE EVENT THE DEPARTMENT IS UNABLE TO REACH A VOLUNTARY RESOL-
UTION OF A COMPLAINT FILED UNDER THIS ARTICLE, THE DEPARTMENT MAY BRING
AN ACTION IN ANY COURT OF COMPETENT JURISDICTION TO RECOVER THE EQUITA-
BLE AND MONETARY RELIEF DESCRIBED IN SUBDIVISION (B) OF THIS SECTION.
(3) ANY SUMS RECOVERED BY THE DEPARTMENT PURSUANT TO THIS PARAGRAPH
SHALL BE PAID DIRECTLY TO EACH EMPLOYEE AFFECTED BY THE EMPLOYER'S
UNLAWFUL ACTS.
(B) (1) IN ANY ACTION IN WHICH A COURT OR JURY FINDS THAT AN EMPLOYER
HAS ENGAGED IN ACTS IN VIOLATION OF THIS ARTICLE, THE COURT OR JURY
SHALL AWARD TO ANY AFFECTED EMPLOYEE OR EMPLOYEES MONETARY RELIEF,
INCLUDING BACK PAY IN AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE
EMPLOYEE'S ACTUAL EARNINGS AND WHAT THE EMPLOYEE WOULD HAVE EARNED BUT
FOR THE EMPLOYER'S UNLAWFUL PRACTICES, AND AN ADDITIONAL AMOUNT IN
COMPENSATORY AND PUNITIVE DAMAGES, AS APPROPRIATE.
(2) IN ANY ACTION IN WHICH A COURT OR JURY FINDS THAT AN EMPLOYER HAS
ENGAGED IN ACTS IN VIOLATION OF THIS ARTICLE, THE COURT SHALL ENJOIN THE
EMPLOYER FROM CONTINUING TO DISCRIMINATE AGAINST AFFECTED EMPLOYEES AND
SHALL DIRECT THE EMPLOYER TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE;
AND MAY ORDER THE EMPLOYER TO TAKE SUCH ADDITIONAL AFFIRMATIVE STEPS AS
ARE NECESSARY, INCLUDING REINSTATEMENT OR RECLASSIFICATION OF AFFECTED
WORKERS, TO ENSURE AN END TO UNLAWFUL DISCRIMINATION.
(3) IN ANY ACTION IN WHICH AN AFFECTED EMPLOYEE OR EMPLOYEES PREVAIL
IN THEIR CLAIMS AGAINST EMPLOYERS, THE COURT MAY, IN ADDITION TO ANY
A. 6937 5
JUDGMENT AWARDED TO THE PLAINTIFFS, ALLOW A REASONABLE ATTORNEY'S FEE,
REASONABLE EXPERT WITNESS FEES, AND OTHER COSTS OF THE ACTION TO BE PAID
BY THE EMPLOYER.
(C) AN ACTION TO RECOVER THE DAMAGES OR EQUITABLE RELIEF PRESCRIBED IN
SUBDIVISION (B) OF THIS SECTION MAY BE MAINTAINED AGAINST ANY EMPLOYER
IN ANY COURT OF COMPETENT JURISDICTION BY ANY ONE OR MORE EMPLOYEES OR
THEIR REPRESENTATIVE FOR OR ON BEHALF OF:
(1) THE EMPLOYEES; OR
(2) THE EMPLOYEES AND OTHER EMPLOYEES SIMILARLY SITUATED.
S 756. REGULATIONS. THE DEPARTMENT SHALL PRESCRIBE SUCH REGULATIONS AS
ARE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.