HB 2005

Abstract

Provides definitions relating to comparable work for purposes of pay equity provisions. Makes unlawful employment practice to discriminate in payment of wages against employee on basis of protected class. Makes unlawful employment practice to screen job applicants based on salary history, to base salary decision on salary history, other than for internal hires, and to seek salary history information from applicant for employment other than after making offer of employment to employee that includes amount of compensation. Allows employer to pay employees for work of comparable character at different compensation levels only if entire compensation differential is based on bona fide factor related to position in question and based on certain criteria. Extends time limitation to bring certain pay equity claims by making each subsequent payroll action that is based on underlying pay equity violation actionable. Extends tort claim notice requirement from 180 days to 300 days for public employee to give notice of certain pay equity violations. Adds additional remedies for pay equity and wage-related violations that include right to jury trial and right to compensatory and punitive damages. Allows employee who files complaint alleging pay equity violation with Bureau of Labor and Industries and prevails to recover back pay for up to two years plus duration of time spent in complaint process. Permits employer to file motion to disallow award of compensatory or punitive damages. Provides that court shall grant motion if employer demonstrates that employer has completed equal-pay analysis that meets certain criteria, eliminated wage differentials for plaintiff and made reasonable and substantial progress toward eliminating wage differentials for other employees in same protected class asserted by plaintiff. Provides that, if court grants motion, court may award back pay only for two-year period immediately preceding filing of action and allow prevailing plaintiff costs and attorney fees but may not award damages. Becomes operative on January 1, 2019. Makes violation for seeking salary history from prospective or current employee prior to offer of employment subject to compensatory and punitive damages beginning on January 1, 2024. Takes effect on 91st day following adjournment sine die.