Signed by Governor Kay Ivey

Vote Smart's Synopsis:

Vote to pass a bill that prohibits pay discrimination on the bases of sex and race.

Highlights:

• Prohibits an employer, including the state and its political subdivisions, from paying any employee a lower wage rate than any other employee of another sex or race for equal work, given equal skill, effort, education, experience, and responsibility (Sec. 2).

• Establishes exceptions for differences in pay under the following systems (Sec. 2):

• A seniority system;

• A merit system;

• A system that measures earnings by quantity or quality of production; and

• A differential based on any factor other than sex or race.

• Prohibits an employer from refusing to interview, hire, promote, or employ an applicant, or to retaliate against an applicant, on the basis of an applicant refusing to provide a wage history (Sec. 2).

• Establishes that any employer who does not follow the requirements of this act are required to reimburse the employee in an amount equal to the wages, including interest, that said employee was denied (Sec. 2).

• Requires that all employers adopt the rules for record keeping, established under the United States Department of Labor’s Fair Labor Standards Act (Sec. 2).

• Establishes that an employee who files a claim against their employer for violation of this act has to demonstrate the following (Sec. 2):

• They were paid less than someone else for equal work in spite of possessing equal skill, effort, education, experience, and responsibility; and

• The pay differential is not in line with any of the aforementioned exceptions.

• Specifies that if an employee recovers an amount from an employer under this act and also files a federal complaint which results in additional recovery for the same violation, then the lesser amount shall be returned to the employer (Sec. 2).

• Requires that any action taken agianst an employer begin no later than 2 years after the act of discrimination (Sec. 2).

Full Bill Text