General Assembly Substitute Bill No. 5210
January Session, 2017 *_____HB05210LAB___030717____*
General Assembly
Substitute Bill No. 5210
January Session, 2017
*_____HB05210LAB___030717____*
AN ACT CONCERNING VARIOUS PAY EQUITY AND FAIRNESS MATTERS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 31-75 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. Any difference in pay based on sex shall be deemed a discrimination within the meaning of this section.
(b) If an employee can demonstrate that his or her employer discriminates on the basis of sex by paying wages to employees at the employer's business at a rate less than the rate at which the employer pays wages to employees of the opposite sex at such business for equal work on a job, the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions, such employer must demonstrate that such differential in pay is made pursuant to (1) a seniority system, provided time spent on leave due to a pregnancy-related condition or protected family and medical leave shall not reduce seniority; (2) a merit system; (3) a system which measures earnings by quantity or quality of production; or (4) a differential system based upon a bona fide factor other than sex, such as education, training or experience. Said bona fide factor defense shall apply only if the employer demonstrates that such factor (A) is not based upon or derived from a sex-based differential in compensation, and (B) is job-related and consistent with business necessity. Such defense shall not exist where the employee 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 such alternative practice.
(c) No employer shall discharge, expel or otherwise discriminate against any person because such person has opposed any discriminatory compensation practice or because such person has filed a complaint or testified or assisted in any proceeding pursuant to section 31-76.
(d) No employer shall inquire about a prospective employee's wage and salary history before an offer of employment with compensation has been negotiated and made to the prospective employee unless a prospective employee has voluntarily disclosed such information.
(e) It shall be an affirmative defense in any action against an employer alleging a violation of subsection (a) of this section that the employer, within the previous three years and prior to the commencement of the action, has completed a self-evaluation of its pay practices in good faith and can demonstrate that reasonable progress has been made to eliminate wage differentials based on gender for equal work. An employer shall not use an employee's prior wage and salary history as a defense to such action.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2017 31-75
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2017
31-75
LAB Joint Favorable Subst.
LAB
Joint Favorable Subst.