Signed by Governor Chet Culver

Vote Smart's Synopsis:

Vote to pass a bill that declares that it is the policy of the state to "correct" and "eliminate" discriminatory wage practices based on age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, and disability and provides penalties for such practices.

Highlights:

-Specifies that the payment of wages to an employee at a rate less than that paid to other employees in the same establishment for equal work which requires equal skill, effort, and responsibility and which is performed under similar conditions due to his or her age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability shall be "an unfair or discriminatory practice" (Sec. 2). -Specifies that it shall constitute an affirmative defense from a discriminatory pay claim if the pay difference in question is the result of factors other than the aforementioned personal characteristics, including payment pursuant to a seniority, merit, quantity-based, or quality-based system (Sec. 2). -Specifies that a "discriminatory practice" occurs each time compensation is paid resulting from an earlier discriminatory decision or practice (Sec. 2). -Provides that penalties shall include, but not be limited to, the following (Sec. 3):

-court costs; -"reasonable" attorney fees; and -twice the difference in wages paid to another employee as compared to the complainant for the period of time in which the discrimination occurred; or -in the case of a willful violation, three times the difference in wages paid to another employee as compared to the complainant for the period of time in which the discrimination occurred.

Full Bill Text