HB295 Alabama 2016 Session

Summary

Primary Sponsor

Adline ClarkeRepresentative

Democrat

Session

Regular Session 2016

Title

Discrimination in wages, prohib., retaliation against employee who brings charge of wage discrimination, prohib., penalties

Summary

HB295 would prohibit wage discrimination based on sex for substantially similar work in Alabama and set up enforcement, records, and penalties.

What This Bill Does

It would bar employers from paying employees of one sex less than employees of the opposite sex for substantially similar work, unless justified by specific factors. It would allow employers to prove any wage difference is based on factors such as seniority, merit, production, or a bona fide factor other than sex, provided these factors are applied reasonably and account for the entire difference. It would protect employees who enforce these provisions from discharge or retaliation, and establish a process for filing complaints with the Alabama Department of Labor for investigation. It would require wage disclosure rights and recordkeeping, and provide enforcement mechanisms and remedies including back pay, interest, liquidated damages, reinstatement, and equitable relief; with a civil action window of one year for enforcement.

Who It Affects

• Employees of the opposite sex who perform substantially similar work, who would be protected from unequal pay and could file complaints to seek back wages and damages.
• Employers in Alabama, who would need to ensure wage practices are non-discriminatory, justify any pay differences using allowed factors, maintain wage records for three years, and face penalties and enforcement if violations occur.

Key Provisions

• Prohibits paying employees at wage rates less than those paid to employees of the opposite sex for substantially similar work, under similar working conditions.
• Allows wage differentials to be justified by: (a) a seniority system, (b) a merit system, (c) a system measuring earnings by production, or (d) a bona fide factor other than sex (e.g., education, training, experience) that is job-related and consistent with business necessity; the factor must account for the entire differential and be applied reasonably.
• Prohibits discharge or retaliation against an employee for enforcing the wage provisions; protects employees who discuss or disclose wages and aids others in exercising rights.
• Requires the Alabama Department of Labor to enforce the provisions; authorizes supervision of wage payments, interest, and damages.
• Mandates employers maintain wage and related employment records for three years.
• Provides civil remedies for violations: back wages plus interest, additional liquidated damages equal to wages, reinstatement and other equitable relief; actions must be filed within one year.
• Effective date: becomes law on the first day of the third month after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Business and Labor