1Amending the act of December 17, 1959 (P.L.1913, No.694),
2entitled "An act prohibiting discrimination in rate of pay
3because of sex; conferring powers and imposing duties on the
4Department of Labor and Industry; and prescribing penalties,"
5further providing for wage rates.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Section 3 of the act of December 17, 1959
9(P.L.1913, No.694), known as the Equal Pay Law, amended July 31,
101968 (P.L.869, No.262), is amended to read:

11Section 3. Wage Rates.--(a) No employer having employes
12subject to any provisions of this section shall discriminate,
13within any establishment in which such employes are employed,
14between employes on the basis of sex by paying wages to employes
15in such establishment at a rate less than the rate at which he
16pays wages to employes of the opposite sex in such establishment
17for equal work on jobs, the performance of which, requires equal
18skill, effort, and responsibility, and which are performed under
19similar working conditions, except where such payment is made

1pursuant to (1) a seniority system; (2) a merit system; (3) a
2system which measures earnings by quantity or quality of
3production; or (4) a differential based on [any other] a bona 
4fide factor other than sex, such as education, training or 
5experience: Provided, That any employer who is paying a wage
6rate differential in violation of this subsection shall not in
7order to comply with the provisions of this subsection, reduce
8the wage rate of any employe.

9(a.1) The bona fide factor defense described under
10subsection (a)(4) shall apply only if the employer demonstrates
11that such factor: (1) is not based upon or derived from a sex-
12based differential in compensation; (2) is job-related with
13respect to the position in question; and (3) is consistent with
14business necessity. Such defense shall not apply where the
15employe demonstrates that an alternative employment practice
16exists that would serve the same business purpose without
17producing such differential and that the employer has refused to
18adopt the alternative practice.

19(b) No labor organization, or its agents, representing
20employes of an employer having employes subject to any
21provisions of this section, shall cause or attempt to cause such
22an employer to discriminate against an employe in violation of
23subsection (a) of this section.

24(c) No employer or labor organization shall discharge or in
25any other manner discriminate against any employe who (1) has
26made a charge or filed any complaint, or instituted or caused to
27be instituted any proceeding under or related to this act,
28including an investigation conducted by the employer, or has
29testified or is planning to testify or has assisted or
30participated in any manner in any such investigation,

1proceeding, hearing or action, or has served or is planning to
2serve on an industry committee; or (2) has inquired about,
3discussed or disclosed the wages of the employe or another
4employe.

5(d) No employer or labor organization shall (1) require, as
6a condition of employment, that an employe refrain from
7disclosing the amount of the employe's wages; or (2) require an
8employe to sign a waiver or other document that purports to deny
9the employe the right to disclose the amount of the employe's
10wages.

11Section 2. This act shall take effect in 30 days.