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PRINTER'S NO. 647
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
578
Session of
2017
INTRODUCED BY WILLIAMS, LEACH, FARNESE, FONTANA, YUDICHAK,
BREWSTER, STREET, HAYWOOD, COSTA, SCHWANK, HUGHES, BOSCOLA,
BROWNE AND BLAKE, APRIL 5, 2017
REFERRED TO LABOR AND INDUSTRY, APRIL 5, 2017
AN ACT
Amending the act of December 17, 1959 (P.L.1913, No.694),
entitled "An act prohibiting discrimination in rate of pay
because of sex; conferring powers and imposing duties on the
Department of Labor and Industry; and prescribing penalties,"
further providing for wage rates.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3 of the act of December 17, 1959
(P.L.1913, No.694), known as the Equal Pay Law, is amended to
read:
Section 3. Wage Rates.--(a) No employer having employes
subject to any provisions of this section shall discriminate,
within any establishment in which such employes are employed,
between employes on the basis of sex by paying wages to employes
in such establishment at a rate less than the rate at which he
pays wages to employes of the opposite sex in such establishment
for equal work on jobs, the performance of which, requires equal
skill, effort, and responsibility, and which are performed under
similar working conditions, except where such payment is made
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pursuant to (1) a seniority system; (2) a merit system; (3) a
system which measures earnings by quantity or quality of
production; or (4) a differential based on [any other] a bona
fide factor other than sex, such as education, training or
experience: Provided, That any employer who is paying a wage
rate differential in violation of this subsection shall not in
order to comply with the provisions of this subsection, reduce
the wage rate of any employe.
(a.1) The bona fide factor defense described under
subsection (a)(4) shall apply only if the employer demonstrates
that such factor (1) is not based upon or derived from a sex-
based differential in compensation; (2) is job related with
respect to the position in question; and (3) is consistent with
business necessity. Such defense shall not apply where the
employe demonstrates that an alternative employment practice
exists that would serve the same business purpose without
producing such differential and that the employer has refused to
adopt the alternative practice.
(b) No labor organization, or its agents, representing
employes of an employer having employes subject to any
provisions of this section, shall cause or attempt to cause such
an employer to discriminate against an employe in violation of
subsection (a) of this section.
(c) No employer or labor organization may discharge or in
any other manner discriminate against any employe who (1) has
made a charge or filed any complaint, or instituted or caused to
be instituted any proceeding under or related to this act,
including an investigation conducted by the employer, or has
testified or is planning to testify or has assisted or
participated in any manner in any such investigation,
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proceeding, hearing or action, or has served or is planning to
serve on an industry committee; or (2) has inquired about,
discussed or disclosed the wages of the employe or another
employe.
(d) No employer or labor organization shall (1) require, as
a condition of employment, that an employe refrain from
disclosing the amount of the employe's wages; or (2) require an
employe to sign a waiver or other document that purports to deny
the employe the right to disclose the amount of the employe's
wages.
Section 2. This act shall take effect in 30 days.
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