PRINTER'S NO. 2835
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY MOLCHANY, SIMS, FRANKEL, COHEN, HAGGERTY, YOUNGBLOOD, GAINEY, K. BOYLE, BRIGGS, BISHOP, THOMAS, O'BRIEN, PARKER, SCHLOSSBERG, DAVIDSON, P. COSTA, SWANGER, CALTAGIRONE, BIZZARRO, MUNDY, BRADFORD, ROZZI, HARHAI, MCCARTER, MAHONEY, DeLUCA, PAINTER, DERMODY, BROWNLEE, SCHREIBER, DAVIS, M. DALEY, DONATUCCI, KIM, SANTARSIERO, SNYDER, WATERS, WHITE, B. BOYLE, CLAY, DELISSIO, D. MILLER, DEAN, W. KELLER, NEILSON, NEUMAN, RAVENSTAHL, TOOHIL AND READSHAW, JANUARY 2, 2014
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JANUARY 2, 2014
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
1for equal work on jobs, the performance of which, requires equal
2skill, effort, and responsibility, and which are performed under
3similar working conditions, except where such payment is made
4pursuant to (1) a seniority system; (2) a merit system; (3) a
5system which measures earnings by quantity or quality of
6production; or (4) a differential based on [any other factor]
7bona fide factors other than sex, such as education, training or
8experience: Provided, That any employer who is paying a wage
9rate differential in violation of this subsection shall not in
10order to comply with the provisions of this subsection, reduce
11the wage rate of any employe.
12(a.1) Subsection (a)(4) shall apply only if the employer
13demonstrates that the bona fide factor: (1) is not based upon or
14derived from a sex-based differential in compensation; (2) is
15job-related with respect to the position in question; and (3) is
16consistent with business necessity. The defense shall not apply
17where the employe demonstrates that an alternative employment
18practice exists that would serve the same business purpose
19without producing the differential and that the employer has
20refused to adopt the alternative practice.
21(b) No labor organization, or its agents, representing
22employes of an employer having employes subject to any
23provisions of this section, shall cause or attempt to cause such
24an employer to discriminate against an employe in violation of
25subsection (a) of this section.
26(c) No employer or labor organization may discharge or in
27any other manner discriminate against an employe who: (1) has
28made a charge, filed a complaint, instituted or caused to be
29instituted a proceeding under this act; (2) has participated in
30any manner in an investigation, including an investigation
1conducted by the employer, a proceeding, hearing or action; (3)
2has served or is planning to serve on an industry committee; or
3(4) has inquired about, discussed or disclosed the wages of the
4employe or another employe.
5(d) No employer or labor organization may: (1) require as a
6condition of employment that an employe refrain from disclosing
7the amount of the employe's wages; or (2) require an employe to
8sign a waiver or other document that denies the employe the
9right to disclose the amount of the employe's wages.
10Section 2. This act shall take effect in 30 days.