HB 1623

1
A bill to be entitled
2An act relating to employment discrimination; providing a
3short title; providing legislative findings and intent;
4requiring the Agency for Workforce Innovation to conduct
5studies and provide information to employers, labor
6organizations, and the public concerning the means
7available to eliminate pay disparities between men and
8women; designating the Commission on Human Relations as
9the primary enforcement agency for claims under the
10federal Equal Pay Act; requiring the commission to adopt
11rules and issue guidance on the federal act; creating the
12Governor's Recognition Award for Pay Equity in the
13Workplace; requiring that the award be made annually to
14businesses in this state that have engaged in activities
15that eliminate the barriers to equal pay for equal work
16for women; requiring the director of Workforce Innovation
17and the chairperson of the commission to work
18cooperatively with the Executive Office of the Governor to
19create eligibility criteria for employers to receive the
20award; providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Equal pay recognition; awards.-
25     (1)  SHORT TITLE.-This section may be cited as the "Helen
26Gordon Davis Equal Pay Protection Act."
27     (2)  LEGISLATIVE FINDINGS AND INTENT; DUTIES OF AGENCY FOR
28WORKFORCE INNOVATION AND COMMISSION ON HUMAN RELATIONS.-
29     (a)  The Legislature finds that women have entered the
30workforce in record numbers over the past 50 years. Yet, despite
31the enactment of the federal Equal Pay Act in 1963, many women
32continue to earn significantly lower salaries and pay than men
33for equal work. These pay disparities exist in both the private
34and governmental sectors. In many instances, the pay disparities
35are the result of continued intentional discrimination against
36women or the lingering effects of past discrimination against
37women.
38     (b)  The Legislature further finds that the existence of
39such pay disparities:
40     1.  Depresses the wages of working families who rely on the
41wages of all members of the family;
42     2.  Undermines the retirement security of women, which is
43based on the wages that women earn while in the workforce;
44     3.  Prevents the optimum use of available labor resources;
45     4.  Continues to spread and perpetuate, through commerce
46and the instrumentalities of commerce, among workers in all
47states;
48     5.  Burdens commerce and the free flow of goods in
49commerce;
50     6.  Constitutes an unfair method of competition in
51commerce;
52     7.  Leads to labor disputes that burden and obstruct
53commerce and the free flow of goods in commerce;
54     8.  Interferes with the orderly and fair marketing of goods
55in commerce; and
56     9.  Deprives female workers of equal protection on the
57basis of gender in violation of the Fifth and the Fourteenth
58Amendments to the United States Constitution.
59     (c)1.  The Legislature further finds that artificial
60barriers to the payment of equal wages continue to exist decades
61after the enactment of the Fair Labor Standards Act of 1938, s.
6229 U.S.C. 201 et seq., and the Civil Rights Act of 1964, 42
63U.S.C. s. 2000a. These barriers have resulted, in large part,
64because the federal Equal Pay Act of 1963 has not worked as
65Congress originally intended. Improvements and modifications to
66the law are necessary to ensure that the act provides effective
67protection to those subject to pay discrimination on the basis
68of their gender.
69     2.  The Legislature finds that eliminating such artificial
70barriers would have positive effects, including:
71     a.  Providing a solution to problems in the economy created
72by unfair pay disparities;
73     b.  Substantially reducing the number of working women
74earning unfairly low wages, thereby reducing the dependence on
75public assistance;
76     c.  Promoting stable families by enabling all family
77members to earn a fair rate of pay;
78     d.  Remedying the effects of past discrimination on the
79basis of gender and ensuring that female workers are afforded
80equal protection in the future; and
81     e.  Ensuring equal protection under s. 2, Article I of the
82State Constitution.
83     (d)1.  The Legislature finds that the Agency for Workforce
84Innovation and the Commission on Human Relations have important
85and unique responsibilities to help ensure that women receive
86equal pay for equal work.
87     2.  The Agency for Workforce Innovation shall:
88     a.  Collect and make information about women's pay
89available to the public;
90     b.  Ensure that companies receiving state contracts comply
91with the antidiscrimination and affirmative action requirements
92of this state relating to equal employment opportunity;
93     c.  Disseminate information about women's rights in the
94workplace;
95     d.  Help women who are victims of pay discrimination obtain
96a remedy; and
97     e.  Be proactive in investigating and prosecuting
98violations of laws requiring equal pay, especially systemic
99violations, and in enforcing all mandates of those laws.
100     3.  The Commission on Human Relations is the primary
101enforcement agency for claims made under the federal Equal Pay
102Act. The commission shall adopt rules and issue guidance on
103appropriate interpretations of the federal act.
104     4.  As a result of a stronger commitment by the Agency for
105Workforce Innovation and the Commission on Human Relations to
106their responsibilities, more effective remedies, and increased
107information about the provisions added to the federal Equal Pay
108Act, this section, and wage data, women will be better able to
109recognize and enforce their rights.
110     (e)  The Legislature recognizes that certain employers have
111already made great strides in eradicating unfair pay disparities
112in the workplace and their achievements should be recognized.
113     (3)  RESEARCH, EDUCATION, AND OUTREACH.-The director of
114Workforce Innovation shall conduct studies and provide
115information to employers, labor organizations, and the public
116concerning the means that are available to eliminate pay
117disparities between men and women. These efforts shall include:
118     (a)  Conducting and promoting research to develop the means
119to expeditiously correct the conditions leading to pay
120disparities;
121     (b)  Publishing and otherwise making available to
122employers, labor organizations, professional associations,
123educational institutions, the media, and the public findings
124resulting from studies and other materials relating to
125eliminating pay disparities;
126     (c)  Sponsoring and assisting state and community
127informational and educational programs;
128     (d)  Providing information to employers, labor
129organizations, professional associations, and other interested
130persons on the means of eliminating pay disparities; and
131     (e)  Recognizing and promoting the achievements of
132employers, labor organizations, and professional associations
133that have worked to eliminate pay disparities.
134     (4)  THE GOVERNOR'S RECOGNITION AWARD FOR PAY EQUITY IN THE
135WORKPLACE.-
136     (a)  There is created the Governor's Recognition Award for
137Pay Equity in the Workplace, which shall be awarded annually to
138businesses in this state that have engaged in activities that
139eliminate the barriers to equal pay for equal work. The ceremony
140to recognize the employers shall be organized in such a way so
141as to encourage proactive efforts by other employers to equalize
142pay between men and women performing the same work.
143     (b)  The director of Workforce Innovation and the
144chairperson of the Commission on Human Relations, in cooperation
145with the Executive Office of the Governor, shall establish
146criteria for employers to be eligible to receive the award. The
147criteria shall include a requirement that an employer must have
148made substantial efforts to eliminate pay disparities between
149men and women and deserves special recognition as a consequence
150of such efforts. The director shall establish procedures for
151applications, regional ceremonies, and presentations of the
152award.
153     Section 2.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.