HB368 Alabama 2018 Session

Summary

Primary Sponsor

Adline ClarkeRepresentative

Democrat

Session

Regular Session 2018

Title

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

Summary

HB 368 would ban wage discrimination based on sex for substantially similar work in Alabama and establish enforcement, retaliation protections, and wage-recordkeeping requirements.

What This Bill Does

It makes it illegal to pay employees of one sex less than employees of the opposite sex for substantially similar work when considering skill, effort, and responsibility. If there is a wage difference, the employer can justify it only if the difference is based on specific factors such as seniority, merit, production-based pay, or a bona fide factor other than sex, and each factor must be applied reasonably and account for the entire differential. Employees who experience wage discrimination can file a complaint with the Alabama Department of Labor, which would enforce the rules; employers cannot retaliate against those who exercise these rights, and employers must keep wage records for three years.

Who It Affects

• Employees in Alabama who believe they are paid less than a coworker of the opposite sex for substantially similar work and may file complaints to seek back pay and damages.
• Employers in Alabama who must pay wages according to the new rules, maintain wage records, and face enforcement and potential penalties if they violate the law.

Key Provisions

• Prohibits paying any employee at wage rates less than those paid to employees of the opposite sex for substantially similar work, unless the wage differential is justified by specific factors (seniority, merit, production-based, or a bona fide factor other than sex) applied reasonably and that account for the entire differential.
• Establishes enforcement by the Alabama Department of Labor, allows back pay, interest, and liquidated damages for violations, requires wage-recordkeeping for three years, protects employees from retaliation, and preserves employees' rights to disclose or discuss wages.

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