Vote Smart's Synopsis:

Vote to pass a bill that establishes workplace protections to women and people of color to push for equal compensation.

Highlights:

• Defines "wage history" as the wages paid to an applicant for employment by the applicant's current employer and/or previous employer or employers (Sec. 2.i).

• Prohibits any employer from paying any of its employees at a wage rate less than the rate paid to employees of another race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, country of ancestral origin, or any other characteristics for comparable work, except where the employer meets the standards (Sec. 2-28-6-18.a).

• Establishes the director of Labor and Training will have the following powers, responsibility, and directions (Sec. 2-28-6-19.a):

• To investigate, inspect, subpoena, and enforce through administrative hearings complaints;

• Will have the rights of employers to prevent obstructing the director and authorized representatives in the performance of their duties;

• The cooperation of the Commission for Human Rights;

• Taking an assignment of the claim in trust for the assigning aggrieved party and may bring any legal action necessary to collect the claim;

• An applicant for employment, employee, or former employee, for and on behalf of themselves and other similarly situated individuals, or any organization representing such an applicant, employee, or former employee, aggrieved by a violation may file a complaint with the director of labor and training or may file a civil action in any court of competent jurisdiction to obtain relief;

• An aggrieved applicant for employment, employee, or former employee may not file a civil action under this section if they had also filed a complaint with the director of Labor and Training and the director has issued notice of an administrative hearing;

• The filing of a civil action will not preclude the director of the Department of Labor and Training from investigating the matter and/or referring the matter to the attorney general;

• All claims will be filed within 3 years after there is an occurrence of, or the discovery of an occurrence of, a discriminatory practice; and

• All claims under this chapter also include each time wages, benefits, or other compensation are paid, resulting in whole or in part from such a decision or other practice.

• Establishes an employer may be liable for any compensatory damages; special damages not to exceed $10,000; an award of appropriate equitable relief; reasonable attorneys' fees; and other litigation costs (Sec. 2-28-6-20.b).

• Specifies the civil penalty to be paid to the Department of Labor and Training. That penalty shall be the greater amount of the total back wages due or the following (Sec. 2-28-6-21.a):

• $2,500 for a first violation;

• $3,000 for a second violation; or

• $5,000 for a third or subsequent violation.

• Prohibits any employer from (Sec. 3.a):

• Relying on the wage history of an applicant when deciding whether to consider the applicant for employment;

• Requiring that an applicant's prior wages satisfy minimum or maximum criteria as a condition of being considered for employment;

• Relying on the wage history of an applicant in determining the wages such applicant is to be paid by the employer, upon hire; or

• Seeking from an applicant or their current or former employer the wage history of an applicant.

Full Bill Text