HB 165

This bill would establish the Alabama Equal Pay Remedies and Enforcement Act

The bill would express certain legislative findings regarding wage differentials between males, females, minorities, and non-minorities

The bill would create the Alabama Equal Pay Commission to study wage disparities and report its findings and recommendations to the Legislature

To establish the Alabama Equal Pay Remedies and Enforcement Act; to express certain legislative findings regarding wage differentials between males, females, minorities, and non-minorities; to create the Alabama Equal Pay Commission; and to require the commission to study and report on wage disparities with its recommendations to the Legislature.

Section 1

This act shall be known and may be cited as the Alabama Equal Pay Remedies and Enforcement Act.

Section 2

The Legislature finds and declares the following: (1) Despite federal and state laws banning discrimination in employment and pay in both the private and public sector, wage differentials persist between women and men and minorities and non-minorities in the same jobs and in jobs that are dissimilar but require equivalent composites of skill, effort, responsibility, and working conditions. (2) Wage discrimination not only harms women and people of color, it depresses living standards, contributes to higher poverty rates among female-headed and minority households, prevents the maximum utilization of available labor resources, causes labor disputes that burden commerce, and violates the state's expressed policy against discrimination. (3) Many people work in occupations that are dominated by individuals of their own sex, race, or national origin, and discrimination in hiring, job assignment, and promotion has played a role in establishing and maintaining segregated work forces. (4) Current remedies imposed on employers who practice discrimination in pay between men and women and minorities and non-minorities, have proven to be only partially effective in eliminating the wage disparities. (5) Understanding the full extent and causes of wage disparities between men and women and minorities and non-minorities in the private and public sectors would enable the state to take more effective measures to reduce disparities and to eliminate discrimination in wage setting. (6) This act would protect the health and welfare of individual residents and improve the overall labor environment by correcting and deterring discriminatory wage practices based on sex, race, or national origin; developing reliable data about the extent of such wage discrimination; and providing greater understanding about its causes.

Section 3

(a) The Alabama Equal Pay Commission is established. (b) Within 90 days after the effective date of this act, the commission shall be composed of nine members appointed as follows: (1) Two representatives of business in the state, who are appointed by the Speaker of the House of Representatives from among individuals nominated by state business organizations and business trade associations. (2) Two representatives of labor organizations, one appointed by the Speaker of the House of Representatives and one appointed by the Governor who have been nominated by state labor federations chartered by a federation of national or international unions, that admit to membership local unions, and exists primarily to carry on educational, legislative, and coordinating activities. (3) Two representatives, appointed by the Governor, of organizations whose objectives include the elimination of pay disparities between men and women and minorities and non-minorities, and who have undertaken advocacy, educational, or legislative initiatives in pursuit of that objective. (4) Three individuals appointed by the Presiding Officer of the Senate, from among higher education or research institutions who have expertise in the collection and analysis of data on occupations and wage statistics. (c) The appointing authorities shall coordinate their appointments to assure the Alabama Equal Pay Commission membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. (d) The commission shall make a full and complete study of all of the following: (1) The extent of wage disparities, both in the public and private sector, between men and women, and between minorities and non-minorities. (2) Those factors which cause, or which tend to cause, disparities, including segregation, between women and men and minorities and non-minorities across and within occupations; payment of lower wages for work in female-dominated occupations; and child-rearing responsibilities and education and training. (3) The consequences of the disparities on the economy and families affected. (4) Actions, including proposed legislation, that are likely to lead to the elimination and prevention of the disparities. (e) The commission, no later than the tenth legislative day of the 2019 Regular Session, shall make its report to the Legislature, at which time it shall be dissolved. (f) The report shall include the results of the commission's study as well as recommendations, legislative and otherwise, for the elimination and prevention of disparities in wages between men and women and minorities and non-minorities.

Section 4

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.