Connecticut 2021 Regular Session

Connecticut House Bill HB06380 Compare Versions

Version 1 (Old)

Version 2 (New)

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	7	+	General Assembly Raised Bill No. 6380
	8	+	January Session, 2021
	9	+	LCO No. 2746
	10	+
	11	+
	12	+	Referred to Committee on LABOR AND PUBLIC
	13	+	EMPLOYEES
	14	+
	15	+
	16	+	Introduced by:
	17	+	(LAB)
1	18
2	19
3	20
4		-	House Bill No. 6380
5		-
6		-	Public Act No. 21-30
7		-
8		-
9		-	AN ACT CONCERNING THE DISCLOSURE OF SALARY RANGE
10		-	FOR A VACANT POSITION.
	21	+	AN ACT CONCERNING TH E DISCLOSURE OF SALARY RANGE FOR
	22	+	A VACANT POSITION.
11	23		Be it enacted by the Senate and House of Representatives in General
12	24		Assembly convened:
13	25
14		-	Section 1. Section 31-40z of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective October 1, 2021):
16		-	(a) As used in this section:
17		-	(1) "Employer" means any individual, corporation, limited liability
18		-	company, firm, partnership, voluntary association, joint stock
19		-	association, the state and any political subdivision thereof and any
20		-	public corporation within the state using the services of one or more
21		-	employees for pay;
22		-	(2) "Employee" means any individual employed or permitted to work
23		-	by an employer; [and]
24		-	(3) "Wages" means compensation for labor or services rendered by an
25		-	employee, whether the amount is determined on a time, task, piece,
26		-	commission or other basis of calculation; [.] and
27		-	(4) "Wage range" means the range of wages an employer anticipates
28		-	relying on when setting wages for a position, and may include reference House Bill No. 6380
	26	+	Section 1. Section 31-40z of the general statutes is repealed and the 1
	27	+	following is substituted in lieu thereof (Effective October 1, 2021): 2
	28	+	(a) As used in this section: 3
	29	+	(1) "Employer" means any individual, corporation, limited liability 4
	30	+	company, firm, partnership, voluntary association, joint stock 5
	31	+	association, the state and any political subdivision thereof and any 6
	32	+	public corporation within the state using the services of one or more 7
	33	+	employees for pay; 8
	34	+	(2) "Employee" means any individual employed or permitted to work 9
	35	+	by an employer; [and] 10
	36	+	(3) "Wages" means compensation for labor or services rendered by an 11
	37	+	employee, whether the amount is determined on a time, task, piece, 12 Raised Bill No. 6380
29	38
30		-	Public Act No. 21-30 2 of 4
31	39
32		-	to any applicable pay scale, previously determined range of wages for
33		-	the position, actual range of wages for those employees currently
34		-	holding comparable positions or the employer's budgeted amount for
35		-	the position.
36		-	(b) No employer shall:
37		-	(1) Prohibit an employee from disclosing or discussing the amount of
38		-	his or her wages or the wages of another employee of such employer
39		-	that have been disclosed voluntarily by such other employee;
40		-	(2) Prohibit an employee from inquiring about the wages of another
41		-	employee of such employer;
42		-	(3) Require an employee to sign a waiver or other document that
43		-	denies the employee his or her right to disclose or discuss the amount
44		-	of his or her wages or the wages of another employee of such employer
45		-	that have been disclosed voluntarily by such other employee;
46		-	(4) Require an employee to sign a waiver or other document that
47		-	denies the employee his or her right to inquire about the wages of
48		-	another employee of such employer;
49		-	(5) Inquire or direct a third party to inquire about a prospective
50		-	employee's wage and salary history unless a prospective employee has
51		-	voluntarily disclosed such information, except that this subdivision
52		-	shall not apply to any actions taken by an employer, employment
53		-	agency or employee or agent thereof pursuant to any federal or state law
54		-	that specifically authorizes the disclosure or verification of salary
55		-	history for employment purposes. Nothing in this section shall prohibit
56		-	an employer from inquiring about other elements of a prospective
57		-	employee's compensation structure, as long as such employer does not
58		-	inquire about the value of the elements of such compensation structure;
59		-	(6) Discharge, discipline, discriminate against, retaliate against or House Bill No. 6380
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60	43
61		-	Public Act No. 21-30 3 of 4
	44	+	commission or other basis of calculation; [.] and 13
	45	+	(4) "Wage range" means the range of wages an employer anticipates 14
	46	+	relying on when setting wages for a position, and may include reference 15
	47	+	to any applicable pay scale, previously determined range of wages for 16
	48	+	the position, actual range of wages for those employees currently 17
	49	+	holding comparable positions or the employer's budgeted amount for 18
	50	+	the position. 19
	51	+	(b) No employer shall: 20
	52	+	(1) Prohibit an employee from disclosing or discussing the amount of 21
	53	+	his or her wages or the wages of another employee of such employer 22
	54	+	that have been disclosed voluntarily by such other employee; 23
	55	+	(2) Prohibit an employee from inquiring about the wages of another 24
	56	+	employee of such employer; 25
	57	+	(3) Require an employee to sign a waiver or other document that 26
	58	+	denies the employee his or her right to disclose or discuss the amount 27
	59	+	of his or her wages or the wages of another employee of such employer 28
	60	+	that have been disclosed voluntarily by such other employee; 29
	61	+	(4) Require an employee to sign a waiver or other document that 30
	62	+	denies the employee his or her right to inquire about the wages of 31
	63	+	another employee of such employer; 32
	64	+	(5) Inquire or direct a third party to inquire about a prospective 33
	65	+	employee's wage and salary history unless a prospective employee has 34
	66	+	voluntarily disclosed such information, except that this subdivision 35
	67	+	shall not apply to any actions taken by an employer, employment 36
	68	+	agency or employee or agent thereof pursuant to any federal or state law 37
	69	+	that specifically authorizes the disclosure or verification of salary 38
	70	+	history for employment purposes. Nothing in this section shall prohibit 39
	71	+	an employer from inquiring about other elements of a prospective 40
	72	+	employee's compensation structure, as long as such employer does not 41
	73	+	inquire about the value of the elements of such compensation structure; 42 Raised Bill No. 6380
62	74
63		-	otherwise penalize any employee who discloses or discusses the
64		-	amount of his or her wages or the wages of another employee of such
65		-	employer that have been disclosed voluntarily by such other employee;
66		-	[or]
67		-	(7) Discharge, discipline, discriminate against, retaliate against or
68		-	otherwise penalize any employee who inquires about the wages of
69		-	another employee of such employer; [.]
70		-	(8) Fail or refuse to provide an applicant for employment the wage
71		-	range for a position for which the applicant is applying, upon the
72		-	earliest of (A) the applicant's request, or (B) prior to or at the time the
73		-	applicant is made an offer of compensation; or
74		-	(9) Fail or refuse to provide an employee the wage range for the
75		-	employee's position upon (A) the hiring of the employee, (B) a change
76		-	in the employee's position with the employer, or (C) the employee's first
77		-	request for a wage range.
78		-	(c) Nothing in this section shall be construed to require any employer
79		-	or employee to disclose the amount of wages paid to any employee.
80		-	(d) An action to redress a violation of subsection (b) of this section
81		-	may be maintained in any court of competent jurisdiction by any one or
82		-	more employees or prospective employees. An employer who violates
83		-	subsection (b) of this section may be found liable for compensatory
84		-	damages, attorney's fees and costs, punitive damages and such legal and
85		-	equitable relief as the court deems just and proper.
86		-	(e) No action shall be brought for any violation of subsection (b) of
87		-	this section except within two years after such violation.
88		-	Sec. 2. Section 31-75 of the general statutes is repealed and the
89		-	following is substituted in lieu thereof (Effective October 1, 2021): House Bill No. 6380
90	75
91		-	Public Act No. 21-30 4 of 4
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92	79
93		-	(a) No employer shall discriminate in the amount of compensation
94		-	paid to any employee on the basis of sex. Any difference in pay based
95		-	on sex shall be deemed a discrimination within the meaning of this
96		-	section.
97		-	(b) If an employee can demonstrate that his or her employer
98		-	discriminates on the basis of sex by paying wages to employees at the
99		-	employer's business at a rate less than the rate at which the employer
100		-	pays wages to employees of the opposite sex at such business for [equal]
101		-	comparable work on a job, [the performance of which requires equal]
102		-	when viewed as a composite of skill, effort and responsibility [,] and
103		-	[which are] performed under similar working conditions, such
104		-	employer must demonstrate that such differential in pay is made
105		-	pursuant to (1) a seniority system; (2) a merit system; (3) a system which
106		-	measures earnings by quantity or quality of production; or (4) a
107		-	differential system based upon a bona fide factor other than sex, [such
108		-	as] including, but not limited to, education, training, credential, skill,
109		-	geographic location or experience. Said bona fide factor defense shall
110		-	apply only if the employer demonstrates that such factor (A) is not
111		-	based upon or derived from a sex-based differential in compensation,
112		-	and (B) is job-related and consistent with business necessity. Such
113		-	defense shall not exist where the employee demonstrates that an
114		-	alternative employment practice exists that would serve the same
115		-	business purpose without producing such differential and that the
116		-	employer has refused to adopt such alternative practice.
117		-	(c) No employer shall discharge, expel or otherwise discriminate
118		-	against any person because such person has opposed any
119		-	discriminatory compensation practice or because such person has filed
120		-	a complaint or testified or assisted in any proceeding pursuant to section
121		-	31-76.
	80	+	(6) Discharge, discipline, discriminate against, retaliate against or 43
	81	+	otherwise penalize any employee who discloses or discusses the 44
	82	+	amount of his or her wages or the wages of another employee of such 45
	83	+	employer that have been disclosed voluntarily by such other employee; 46
	84	+	[or] 47
	85	+	(7) Discharge, discipline, discriminate against, retaliate against or 48
	86	+	otherwise penalize any employee who inquires about the wages of 49
	87	+	another employee of such employer; [.] 50
	88	+	(8) Fail or refuse to provide an applicant for employment the wage 51
	89	+	range for a position for which the applicant is applying, upon the 52
	90	+	earliest of (A) the applicant's request, or (B) prior to or at the time the 53
	91	+	applicant is made an offer of compensation; or 54
	92	+	(9) Fail or refuse to provide an employee the wage range for the 55
	93	+	employee's position upon the hiring of the employee and not less than 56
	94	+	annually thereafter and upon the employee's request. 57
	95	+	(c) Nothing in this section shall be construed to require any employer 58
	96	+	or employee to disclose the amount of wages paid to any employee. 59
	97	+	(d) An action to redress a violation of subsection (b) of this section 60
	98	+	may be maintained in any court of competent jurisdiction by any one or 61
	99	+	more employees or prospective employees. An employer who violates 62
	100	+	subsection (b) of this section may be found liable for compensatory 63
	101	+	damages, attorney's fees and costs, punitive damages and such legal and 64
	102	+	equitable relief as the court deems just and proper. 65
	103	+	(e) No action shall be brought for any violation of subsection (b) of 66
	104	+	this section except within two years after such violation. 67
	105	+	Sec. 2. Section 31-75 of the general statutes is repealed and the 68
	106	+	following is substituted in lieu thereof (Effective October 1, 2021): 69
	107	+	(a) No employer shall discriminate in the amount of compensation 70
	108	+	paid to any employee on the basis of sex. Any difference in pay based 71 Raised Bill No. 6380
	109	+
	110	+
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	114	+
	115	+	on sex shall be deemed a discrimination within the meaning of this 72
	116	+	section. 73
	117	+	(b) If an employee can demonstrate that his or her employer 74
	118	+	discriminates on the basis of sex by paying wages to employees at the 75
	119	+	employer's business at a rate less than the rate at which the employer 76
	120	+	pays wages to employees of the opposite sex at such business for [equal] 77
	121	+	comparable work on a job, [the performance of which requires equal] 78
	122	+	when viewed as a composite of skill, effort and responsibility [,] and 79
	123	+	[which are] performed under similar working conditions, such 80
	124	+	employer must demonstrate that such differential in pay is made 81
	125	+	pursuant to (1) a seniority system; (2) a merit system; (3) a system which 82
	126	+	measures earnings by quantity or quality of production; or (4) a 83
	127	+	differential system based upon a bona fide factor other than sex, such as 84
	128	+	education, training or experience. Said bona fide factor defense shall 85
	129	+	apply only if the employer demonstrates that such factor (A) is not 86
	130	+	based upon or derived from a sex-based differential in compensation, 87
	131	+	and (B) is job-related and consistent with business necessity. Such 88
	132	+	defense shall not exist where the employee demonstrates that an 89
	133	+	alternative employment practice exists that would serve the same 90
	134	+	business purpose without producing such differential and that the 91
	135	+	employer has refused to adopt such alternative practice. 92
	136	+	(c) No employer shall discharge, expel or otherwise discriminate 93
	137	+	against any person because such person has opposed any 94
	138	+	discriminatory compensation practice or because such person has filed 95
	139	+	a complaint or testified or assisted in any proceeding pursuant to section 96
	140	+	31-76. 97
	141	+	This act shall take effect as follows and shall amend the following
	142	+	sections:
	143	+
	144	+	Section 1 October 1, 2021 31-40z
	145	+	Sec. 2 October 1, 2021 31-75
	146	+
	147	+	LAB Joint Favorable Raised Bill No. 6380
	148	+
	149	+
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	153	+
	154	+	JUD Joint Favorable
122	155