PRIOR PRINTER'S NO. 85

PRINTER'S NO. 2819

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

98

Session of

2023

INTRODUCED BY BULLOCK, ABNEY, SHUSTERMAN, O'MARA, BURGOS,

SAPPEY, MADDEN, HILL-EVANS, CIRESI, GIRAL, SANCHEZ, RABB,

SCHLOSSBERG, DELLOSO, PROBST, HANBIDGE, GALLOWAY, HOWARD,

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 definitions and for wage rates;

providing for additional violations; and further providing

for POWERS OF SECRETARY, FOR collection of unpaid wages, FOR

RECORDS AND REPORTING and for penalties; AND ESTABLISHING THE

EQUAL PAY ENFORCEMENT FUND.

The General Assembly of the Commonwealth of Pennsylvania

business, industry, trade or profession, or in any other lawful

enterprise in which individuals are gainfully employed;

including individuals employed by the Commonwealth or any of its

political subdivisions, including public bodies[: Provided,

however, That the term "employe" as used in this act shall not

apply to any person or persons who is or are subject to section

6 of the Federal Fair Labor Standards Act (Act of June 25, 1938,

(e.2) "Working conditions" means the physical surroundings

and hazards encountered by employes performing a job, including

toxic chemicals or fumes, extreme temperatures and lack

of ventilation.

(e.3) "Wages" means the earnings of an employe, regardless

of whether determined on time, task, piece, commission or other

method of calculation, including salaries based on an annual or

other basis. The term "wages" also includes fringe benefits,

wage supplements or other compensation, whether payable by the

employer from funds of the employer or from amounts withheld

between employes] on the basis of sex, race or ethnicity by

paying different 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] for comparable work performed

under similar working conditions, except where such payment is

made pursuant to [(1) a seniority system; (2) a merit system;

(1) a bona fide seniority system that shall not reduce

seniority for time spent on leave due to a pregnancy-related

condition or protected parental, family or medical leave ;

(2) a bona fide merit system ; , WHICH MUST BE COMMUNICATED IN

WRITING TO ALL EMPLOYES SUBJECT TO THE MERIT SYSTEM, INCLUDE

PREDETERMINED, OBJECTIVE EVALUATION CRITERIA AND INCLUDE REGULAR

EVALUATION INTERVALS;

(3) a bona fide system which measures earnings by quantity

or quality of production; or

(4) a bona fide factor other than sex, race or ethnicity,

(a.2) A job title or job description alone shall not

determine if two jobs are comparable.

(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) For purposes of this section, the term "business

differential.

Section 3. The act is amended by adding a section to read:

Section 3.1. Additional Violations.--(a) An employer

may not do any of the following with respect to an applicant's

or employe's prior wages:

(1) Require, as a condition of employment, that an

employe refrain from inquiring about, discussing or disclosing

information about the employe's own wages, including benefits or

other compensation, or about any other employe's wages.

(2) Rely on the wage history of a prospective employe from

(3) Request or require as a condition of being interviewed,

or as a condition of continuing to be considered for an offer of

employment or as a condition of employment, that a

prospective employe disclose wages from a current or former

employer.

(4) Seek from a current or former employer the previous

wages of a prospective employe, except that an employer may seek

to confirm prior wage information after an offer of employment

(b) An employer may not retaliate against or discharge

an employe for any of the following:

(1) Complaining about, opposing, instituting a

proceeding based on, or attempting or planning to complain about

or oppose or institute a proceeding based on, a violation of

this act.

(2) Testifying or planning to testify against an employer in

an action under this act.

(3) Assisting an investigation or otherwise participating in

an action under this act.

the range of expected compensation:

(1) for any position the employer publicly advertises as a

job opening; and

(2) to a prospective employe applying for employment upon

reasonable request.

Section 4. Sections 5 4, 5, 6 and 8 of the act are amended

to read:

SECTION 4. POWERS OF SECRETARY.--(A) THE SECRETARY SHALL

OPERATIONS ON WHICH PERSONS EMPLOYED BY [HIM] THE EMPLOYER ARE

ENGAGED, TO QUESTION SUCH PERSONS AND TO OBTAIN SUCH OTHER

INFORMATION AS IS REASONABLY NECESSARY TO THE ADMINISTRATION AND

ENFORCEMENT OF THIS ACT.

(C) THE SECRETARY SHALL HAVE THE POWER TO ISSUE SUCH RULES

AND REGULATIONS CONSISTENT WITH THE PURPOSE AND PROVISIONS OF

THIS ACT AS [HE] THE SECRETARY DEEMS NECESSARY TO MAKE EFFECTIVE

THE PROVISIONS OF THIS ACT.

(D) THE SECRETARY SHALL HAVE THE POWER TO SUBPOENA

WITNESSES, ADMINISTER OATHS, EXAMINE WITNESSES AND TAKE

employer who wilfully and knowingly violates the provisions of

section 3 or 3.1 of this act shall be liable to the employe or

employes affected in the amount of [their] the employe's unpaid

wages and in addition, an equal amount as liquidated damages,

punitive damages if the violation is found to be intentional or

committed with reckless indifference to the employe's or

prospective employe's rights under this act, and any other legal

and equitable relief as may be appropriate, including employment

such employe is entitled under this act shall be no defense to

such action. The court in such action shall, in addition to any

wages [and], damages and other relief, allow a reasonable

attorney's fee and costs of the action to the plaintiff. At the

request of any employe paid less than the wage to which [he] the

employe is entitled under this act, the Secretary of Labor and

Industry may take an assignment of such wage claim for

collection and shall bring any legal action necessary to collect

such claim. The secretary shall not be required to pay the

filing fee or other costs in connection with such action. The

violation. A violation shall be deemed to have occurred when any

of the following occurs:

(1) A discriminatory compensation decision or other practice

is adopted.

(2) An employe becomes subject to a discriminatory

compensation decision or other practice.

(3) An employe is affected by an application of a

discriminatory compensation decision or practice, including

CONDITIONS OF EMPLOYMENT OF THE PERSONS EMPLOYED BY [HIM] THE

EMPLOYER, AND SHALL PRESERVE SUCH RECORDS FOR SUCH PERIOD AND

SHALL MAKE SUCH REPORTS THEREFROM, AS THE SECRETARY SHALL

PRESCRIBE.

Section 8. Penalties.--(a) Any employer who wilfully and

knowingly violates any provisions of this act, or who

retaliates, discharges or in any other manner discriminates

against any employe because such employe has made any complaint

to [his] an employer, the secretary or any other person who

instituted or caused to be instituted any proceeding under or

costs, shall undergo imprisonment for not less than thirty days

nor more than sixty days. [Each] Discrimination against each

individual employe and each day such a violation continues shall

constitute a separate offense.

(b) Any employer who fails to keep the records required

under this act or to furnish such records to the secretary upon

request, or who falsifies such records or who hinders, delays or

otherwise interferes with the secretary or [his] the secretary's

two hundred dollars ($200)] two thousand five hundred dollars

($2,500) nor more than five thousand dollars ($5,000), and, upon

default in such fine and costs, shall undergo imprisonment for

not less than thirty days nor more than sixty days. Each day

such a violation continues shall constitute a separate offense.

(C) THE SECRETARY MAY IMPOSE AN ADMINISTRATIVE PENALTY OF

NOT LESS THAN TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) NOR

MORE THAN FIVE THOUSAND DOLLARS ($5,000) FOR EACH VIOLATION OF

THIS ACT. THIS SUBSECTION SHALL BE SUBJECT TO 2 PA.C.S. CHS. 5

SUBCH. A (RELATING TO PRACTICE AND PROCEDURE OF COMMONWEALTH

SECTION 8.1. EQUAL PAY ENFORCEMENT FUND.-- THE EQUAL PAY

ENFORCEMENT FUND IS ESTABLISHED AS A SEPARATE FUND IN THE STATE

TREASURY. THE FOLLOWING SHALL APPLY:

(1) ALL FINES IMPOSED AND COLLECTED UNDER SECTION 8 SHALL BE