HB 1175 2003
   
1 A bill to be entitled
2          An act relating to wage discrimination; creating the
3    "Equal Pay Commission Act"; providing for the director of
4    Workforce Innovation to appoint the Equal Pay Commission;
5    providing membership criteria; requiring the commission to
6    conduct a study; specifying the subject of the study;
7    providing an effective date.
8         
9          WHEREAS, despite federal and state laws banning
10    discrimination in employment and pay in both the public and
11    private sectors, wage differentials persist between women and
12    men and between minorities and nonminorities in the same jobs
13    and in jobs that are dissimilar but that require equivalent
14    composites of skill, effort, responsibility, and working
15    conditions, and
16          WHEREAS, the existence of such wage differentials depresses
17    wages and living standards for employees, thereby compromising
18    their health and efficiency, reduces family incomes and
19    contributes to higher poverty rates among households headed by
20    females and minority households, prevents the maximum
21    utilization of available labor resources, and tends to cause
22    labor disputes, thereby burdening and obstructing commerce, and
23          WHEREAS, the Florida Civil Rights Act of 1992, sections
24    760.01-760.11, Florida Statutes, states that it is an unlawful
25    employment practice for an employer "to discriminate against any
26    individual with respect to compensation, terms, conditions, or
27    privileges of employment, because of such individual's race,
28    color, religion, sex, national origin, age, handicap, or marital
29    status," and
30          WHEREAS, discrimination in wage-setting practices has
31    played a role in depressing wages for women and minorities
32    generally, and
33          WHEREAS, many individuals work in occupations that are
34    dominated by individuals of their own sex, race, or national
35    origin, and discrimination in hiring, job assignments, and
36    promotion has played a role in establishing and maintaining
37    segregated workforces, and
38          WHEREAS, eliminating discrimination in compensation based
39    on sex, race, and national origin would have positive effects,
40    including providing a solution to problems in the economy
41    created by discriminatory wage differentials, reducing the
42    number of working women and people of color earning low wages,
43    thereby lowering their incidence of poverty during normal
44    working years and in retirement, and promoting stable families
45    by raising family incomes, and
46          WHEREAS, it is the purpose of this act to correct and as
47    rapidly as practicable eliminate discriminatory wage practices
48    based on sex, race, color, religion, national origin, age,
49    handicap, or marital status, NOW, THEREFORE,
50         
51          Be It Enacted by the Legislature of the State of Florida:
52         
53          Section 1. Equal Pay Commission Act; commission
54    membership, duties.--
55          (1) This section may be cited as the "Equal Pay Commission
56    Act."
57          (2) Within 90 days after the effective date of this
58    section, the director of Workforce Innovation shall appoint a
59    commission consisting of nine members, to be known as the Equal
60    Pay Commission.
61          (3) Membership on the commission shall include:
62          (a) Two representatives of business in this state who are
63    appointed from among individuals nominated by state business
64    organizations and business trade associations;
65          (b) Two representatives of labor organizations who have
66    been nominated by state labor federations. As used in this
67    paragraph, the term "state labor federation" means an
68    organization that:
69          1. Is chartered by a federation of national or
70    international unions;
71          2. Admits to membership local unions; and
72          3. Exists primarily to carry on educational, legislative,
73    and coordinating activities;
74          (c) Two representatives of organizations the objectives of
75    which include the elimination of pay disparities between men and
76    women or between minorities and nonminorities, and who have
77    undertaken advocacy, educational, or legislative initiatives in
78    pursuit of such objectives; and
79          (d) Three individuals drawn from higher education or
80    research institutions who have experience and expertise in the
81    collection and analysis of data concerning such pay disparities
82    and whose research has already been used in efforts to promote
83    the elimination of those disparities.
84          (4) The commission shall make a full and complete study
85    of:
86          (a) The extent of wage disparities in the public sector
87    between men and women and between minorities and nonminorities;
88          (b) Those factors that cause or tend to cause such
89    disparities, including segregation between women and men and
90    between minorities and nonminorities across and within
91    occupations, payment of lower wages for work in female-dominated
92    occupations, child-rearing responsibilities, and education and
93    training;
94          (c) The consequences of such disparities on the economy
95    and on affected families; and
96          (d) Actions, including proposed legislation, which are
97    likely to lead to the elimination and prevention of such
98    disparities.
99          Section 2. This act shall take effect upon becoming a law.