PRIOR PRINTER'S NO. 1289 PRINTER'S NO. 1941
No. 1130 Session of 1983
INTRODUCED BY HARPER, COWELL, RUDY, COHEN, HOEFFEL, LIVENGOOD,
PETRARCA, BLAUM, WIGGINS, BARBER, CARN, KOSINSKI, DEAL,
KUKOVICH, TIGUE, MAIALE, EVANS, OLIVER, McMONAGLE, ARTY,
DURHAM, RAPPAPORT, DUFFY, PETRONE, MANDERINO, MILLER, BOWSER,
HAGARTY, RIEGER, McINTYRE, GALLAGHER, O'DONNELL,
E. Z. TAYLOR, SIRIANNI, RICHARDSON, FATTAH, PRESTON AND
IRVIS, MAY 24, 1983
REFERRED TO COMMITTEE ON LABOR RELATIONS, MAY 25, 1983, AMENDED
BY COMMITTEE, OCTOBER 12, 1983
AN ACT
1 Amending the act of October 27, 1955 (P.L.744, No.222), entitled
2 "An act prohibiting certain practices of discrimination
3 because of race, color, religious creed, ancestry, age or
4 national origin by employers, employment agencies, labor
5 organizations and others as herein defined; creating the
6 Pennsylvania Human Relations Commission in the Department of
7 Labor and Industry; defining its functions, powers and
8 duties; providing for procedure and enforcement; providing
9 for formulation of an educational program to prevent
10 prejudice; providing for judicial review and enforcement and
11 imposing penalties," further prohibiting wage discrimination <--
12 DIFFERENTIAL on the basis of comparable worth; and making an <--
13 appropriation.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 5 of the act of October 27, 1955 <--
17 (P.L.744, No.222), known as the Pennsylvania Human Relations
18 Act, is amended by adding a section to read:
19 Section 5.3. Wage and Work Comparability.--It shall be an
20 unlawful discriminatory practice for any employer, because of
1 the race or sex of any individual, to maintain differences in
2 wages between employes who are performing work of comparable
3 value. For the purpose of this section, "comparable value" means
4 the composite measurement of the skill, effort, responsibility
5 and working conditions normally required in the performance of
6 the work. Nothing in this section shall prohibit a wage
7 differential based upon:
8 (1) A seniority system.
9 (2) A merit system.
10 (3) A system which measures earnings by quantity or quality
11 of production.
12 (4) A differential based on any other factor other than race
13 or sex.
14 An employer who is paying a wage differential in violation of
15 this section shall not, in order to comply with the provisions
16 of this section, reduce the wages of any employe.
17 Section 2. The sum of $87,000 is hereby appropriated to the
18 Human Relations Commission for the fiscal year 1983-1984 for the
19 purpose of enforcing the provisions of section 5.3 of the act.
20 Section 3. This act shall take effect in 60 days.
21 SECTION 1. SECTION 4 OF THE ACT OF OCTOBER 27, 1955 <--
22 (P.L.744, NO.222), KNOWN AS THE PENNSYLVANIA HUMAN RELATIONS
23 ACT, IS AMENDED BY ADDING A SUBSECTION TO READ:
24 SECTION 4. DEFINITIONS.--AS USED IN THIS ACT UNLESS A
25 DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
26 * * *
27 (S) THE TERM "WORK OF COMPARABLE VALUE" MEANS WORK WHICH IS
28 COMPARABLE IN TERMS OF COMPOSITE MEASUREMENT OF THE SKILL,
29 EFFORT, RESPONSIBILITY AND WORKING CONDITIONS NORMALLY REQUIRED
30 IN THE PERFORMANCE OF THE WORK.
19830H1130B1941 - 2 -
1 SECTION 2. SECTION 5(A) OF THE ACT, AMENDED JANUARY 10, 1980
2 (P.L.1, NO.1), IS AMENDED TO READ:
3 SECTION 5. UNLAWFUL DISCRIMINATORY PRACTICES.--IT SHALL BE
4 AN UNLAWFUL DISCRIMINATORY PRACTICE, UNLESS BASED UPON A BONA
5 FIDE OCCUPATIONAL QUALIFICATION, OR IN THE CASE OF A FRATERNAL
6 CORPORATION OR ASSOCIATION, UNLESS BASED UPON MEMBERSHIP IN SUCH
7 ASSOCIATION OR CORPORATION, OR EXCEPT WHERE BASED UPON
8 APPLICABLE SECURITY REGULATIONS ESTABLISHED BY THE UNITED STATES
9 OR THE COMMONWEALTH OF PENNSYLVANIA:
10 (A) FOR ANY EMPLOYER BECAUSE OF THE RACE, COLOR, RELIGIOUS
11 CREED, ANCESTRY, AGE, SEX, NATIONAL ORIGIN OR NON-JOB RELATED
12 HANDICAP OR DISABILITY OF ANY INDIVIDUAL TO REFUSE TO HIRE OR
13 EMPLOY, OR TO BAR OR TO DISCHARGE FROM EMPLOYMENT SUCH
14 INDIVIDUAL, OR TO MAINTAIN DIFFERENCES IN COMPENSATION BETWEEN
15 SUCH INDIVIDUAL AND ANY OTHER INDIVIDUAL WHO IS PERFORMING WORK
16 OF COMPARABLE VALUE, OR TO OTHERWISE DISCRIMINATE AGAINST SUCH
17 INDIVIDUAL WITH RESPECT TO COMPENSATION, HIRE, TENURE, TERMS,
18 CONDITIONS OR PRIVILEGES OF EMPLOYMENT, IF THE INDIVIDUAL IS THE
19 BEST ABLE AND MOST COMPETENT TO PERFORM THE SERVICES REQUIRED.
20 AN EMPLOYER SHALL NOT, IN ORDER TO COMPLY WITH THE PROVISIONS OF
21 THIS CLAUSE, REDUCE THE COMPENSATION OF ANY INDIVIDUAL. THE
22 [PROVISION] PROVISIONS OF THIS [PARAGRAPH] CLAUSE SHALL NOT
23 APPLY, TO (1) TERMINATION OF EMPLOYMENT BECAUSE OF THE TERMS OR
24 CONDITIONS OF ANY BONA FIDE RETIREMENT OR PENSION PLAN, (2)
25 OPERATION OF THE TERMS OR CONDITIONS OF ANY BONA FIDE RETIREMENT
26 OR PENSION PLAN WHICH HAVE THE EFFECT OF A MINIMUM SERVICE
27 REQUIREMENT, (3) OPERATION OF THE TERMS OR CONDITIONS OF ANY
28 BONA FIDE GROUP OR EMPLOYE INSURANCE PLAN, (4) AGE LIMITATIONS
29 PLACED UPON ENTRY INTO BONA FIDE APPRENTICESHIP PROGRAMS OF TWO
30 YEARS OR MORE APPROVED BY THE STATE APPRENTICESHIP AND TRAINING
19830H1130B1941 - 3 -
1 COUNCIL OF THE DEPARTMENT OF LABOR AND INDUSTRY, ESTABLISHED BY
2 THE ACT OF JULY 14, 1961 (P.L.604, NO.304), KNOWN AS "THE
3 APPRENTICESHIP AND TRAINING ACT." NOTWITHSTANDING ANY PROVISION
4 OF THIS CLAUSE, IT SHALL NOT BE AN UNLAWFUL EMPLOYMENT PRACTICE
5 FOR A RELIGIOUS CORPORATION OR ASSOCIATION TO HIRE OR EMPLOY ON
6 THE BASIS OF SEX IN THOSE CERTAIN INSTANCES WHERE SEX IS A BONA
7 FIDE OCCUPATIONAL QUALIFICATION BECAUSE OF THE RELIGIOUS
8 BELIEFS, PRACTICES, OR OBSERVANCES OF THE CORPORATION, OR
9 ASSOCIATION.
10 * * *
11 SECTION 3. THE SUM OF $87,000 IS HEREBY APPROPRIATED TO THE
12 HUMAN RELATIONS COMMISSION FOR THE FISCAL YEAR 1983-1984 FOR THE
13 PURPOSES OF ENFORCING THE COMPARABLE VALUE PROVISIONS OF THIS
14 ACT.
15 SECTION 4. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
E23L43WMB/19830H1130B1941 - 4 -