Connecticut 2020 Regular Session

Connecticut House Bill HB05383 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2
3	3	LCO No. 2070 1 of 5
4	4
5	5	General Assembly Raised Bill No. 5383
6	6	February Session, 2020
7	7	LCO No. 2070
8	8
9	9
10	10	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
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12	12
13	13	Introduced by:
14	14	(LAB)
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19	19	AN ACT CONCERNING TH E DISCLOSURE OF SALA RY RANGE FOR
20	20	A VACANT POSITION.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 31-40z of the general statutes is repealed and the 1
25	25	following is substituted in lieu thereof (Effective October 1, 2020): 2
26	26	(a) As used in this section: 3
27	27	(1) "Employer" means any individual, corporation, limited liability 4
28	28	company, firm, partnership, voluntary association, joint stock 5
29	29	association, the state and any political subdivision thereof and any 6
30	30	public corporation within the state using the services of one or more 7
31	31	employees for pay; 8
32	32	(2) "Employee" means any individual employed or permitted to work 9
33	33	by an employer; [and] 10
34	34	(3) "Wages" means compensation for labor or services rendered by an 11
35	35	employee, whether the amount is determined on a time, task, piece, 12
36	36	commission or other basis of calculation; [.] and 13 Raised Bill No. 5383
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38	38
39	39
40	40	LCO No. 2070 2 of 5
41	41
42	42	(4) "Wage range" means the range of wages an employer anticipates 14
43	43	relying on when setting wages for a position, and may include reference 15
44	44	to any applicable pay scale, previously determined range of wages for 16
45	45	the position, actual range of wages for those employees currently 17
46	46	holding comparable positions or the employer's budgeted amount for 18
47	47	the position. 19
48	48	(b) No employer shall: 20
49	49	(1) Prohibit an employee from disclosing or discussing the amount of 21
50	50	his or her wages or the wages of another employee of such employer 22
51	51	that have been disclosed voluntarily by such other employee; 23
52	52	(2) Prohibit an employee from inquiring about the wages of another 24
53	53	employee of such employer; 25
54	54	(3) Require an employee to sign a waiver or other document that 26
55	55	denies the employee his or her right to disclose or discuss the amount 27
56	56	of his or her wages or the wages of another employee of such employer 28
57	57	that have been disclosed voluntarily by such other employee; 29
58	58	(4) Require an employee to sign a waiver or other document that 30
59	59	denies the employee his or her right to inquire about the wages of 31
60	60	another employee of such employer; 32
61	61	(5) Inquire or direct a third party to inquire about a prospective 33
62	62	employee's wage and salary history unless a prospective employee has 34
63	63	voluntarily disclosed such information, except that this subdivision 35
64	64	shall not apply to any actions taken by an employer, employment 36
65	65	agency or employee or agent thereof pursuant to any federal or state law 37
66	66	that specifically authorizes the disclosure or verification of salary 38
67	67	history for employment purposes. Nothing in this section shall prohibit 39
68	68	an employer from inquiring about other elements of a prospective 40
69	69	employee's compensation structure, as long as such employer does not 41
70	70	inquire about the value of the elements of such compensation structure; 42
71	71	(6) Discharge, discipline, discriminate against, retaliate against or 43 Raised Bill No. 5383
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75	75	LCO No. 2070 3 of 5
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77	77	otherwise penalize any employee who discloses or discusses the 44
78	78	amount of his or her wages or the wages of another employee of such 45
79	79	employer that have been disclosed voluntarily by such other employee; 46
80	80	[or] 47
81	81	(7) Discharge, discipline, discriminate against, retaliate against or 48
82	82	otherwise penalize any employee who inquires about the wages of 49
83	83	another employee of such employer; [.] 50
84	84	(8) Fail or refuse to provide an applicant for employment the wage 51
85	85	range for a position for which the applicant is applying, upon the 52
86	86	earliest of (A) the applicant's request, or (B) prior to or at the time the 53
87	87	applicant is made an offer of compensation; or 54
88	88	(9) Fail or refuse to provide an employee the wage range for the 55
89	89	employee's position upon the hiring of the employee and not less than 56
90	90	annually thereafter and upon the employee's request. 57
91	91	(c) Nothing in this section shall be construed to require any employer 58
92	92	or employee to disclose the amount of wages paid to any employee. 59
93	93	(d) An action to redress a violation of subsection (b) of this section 60
94	94	may be maintained in any court of competent jurisdiction by any one or 61
95	95	more employees or prospective employees. An employer who violates 62
96	96	subsection (b) of this section may be found liable for compensatory 63
97	97	damages, attorney's fees and costs, punitive damages and such legal and 64
98	98	equitable relief as the court deems just and proper. 65
99	99	(e) No action shall be brought for any violation of subsection (b) of 66
100	100	this section except within two years after such violation. 67
101	101	Sec. 2. Section 31-75 of the general statutes is repealed and the 68
102	102	following is substituted in lieu thereof (Effective October 1, 2020): 69
103	103	(a) No employer shall discriminate in the amount of compensation 70
104	104	paid to any employee on the basis of sex. Any difference in pay based 71
105	105	on sex shall be deemed a discrimination within the meaning of this 72
106	106	section. 73 Raised Bill No. 5383
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108	108
109	109
110	110	LCO No. 2070 4 of 5
111	111
112	112	(b) If an employee can demonstrate that his or her employer 74
113	113	discriminates on the basis of sex by paying wages to employees at the 75
114	114	employer's business at a rate less than the rate at which the employer 76
115	115	pays wages to employees of the opposite sex at such business for [equal] 77
116	116	comparable work on a job, [the performance of which requires equal] 78
117	117	when viewed as a composite of skill, effort and responsibility [,] and 79
118	118	[which are] performed under similar working conditions, such 80
119	119	employer must demonstrate that such differential in pay is made 81
120	120	pursuant to (1) a seniority system; (2) a merit system; (3) a system which 82
121	121	measures earnings by quantity or quality of production; or (4) a 83
122	122	differential system based upon a bona fide factor other than sex, such as 84
123	123	education, training or experience. Said bona fide factor defense shall 85
124	124	apply only if the employer demonstrates that such factor (A) is not 86
125	125	based upon or derived from a sex-based differential in compensation, 87
126	126	and (B) is job-related and consistent with business necessity. Such 88
127	127	defense shall not exist where the employee demonstrates that an 89
128	128	alternative employment practice exists that would serve the same 90
129	129	business purpose without producing such differential and that the 91
130	130	employer has refused to adopt such alternative practice. 92
131	131	(c) No employer shall discharge, expel or otherwise discriminate 93
132	132	against any person because such person has opposed any 94
133	133	discriminatory compensation practice or because such person has filed 95
134	134	a complaint or testified or assisted in any proceeding pursuant to section 96
135	135	31-76. 97
136	136	This act shall take effect as follows and shall amend the following
137	137	sections:
138	138
139	139	Section 1 October 1, 2020 31-40z
140	140	Sec. 2 October 1, 2020 31-75
141	141
142	142	Statement of Purpose:
143	143	To require employers to disclose salary ranges for vacant positions and
144	144	to provide comparable pay for comparable work. Raised Bill No. 5383
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147	147
148	148	LCO No. 2070 5 of 5
149	149
150	150	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
151	151	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
152	152	underlined.]
153	153