1 | A bill to be entitled |
2 | An act relating to employment discrimination; providing a |
3 | short title; providing legislative findings and intent; |
4 | requiring the Agency for Workforce Innovation to conduct |
5 | studies and provide information to employers, labor |
6 | organizations, and the public concerning the means |
7 | available to eliminate pay disparities between men and |
8 | women; designating the Commission on Human Relations as |
9 | the primary enforcement agency for claims under the |
10 | federal Equal Pay Act; requiring the commission to adopt |
11 | rules and issue guidance on the federal act; creating the |
12 | Governor's Recognition Award for Pay Equity in the |
13 | Workplace; requiring that the award be made annually to |
14 | businesses in this state that have engaged in activities |
15 | that eliminate the barriers to equal pay for equal work |
16 | for women; requiring the director of Workforce Innovation |
17 | and the chairperson of the commission to work |
18 | cooperatively with the Executive Office of the Governor to |
19 | create eligibility criteria for employers to receive the |
20 | award; providing an effective date. |
21 |
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22 | Be It Enacted by the Legislature of the State of Florida: |
23 |
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24 | Section 1. Equal pay recognition; awards.- |
25 | (1) SHORT TITLE.-This section may be cited as the "Helen |
26 | Gordon Davis Equal Pay Protection Act." |
27 | (2) LEGISLATIVE FINDINGS AND INTENT; DUTIES OF AGENCY FOR |
28 | WORKFORCE INNOVATION AND COMMISSION ON HUMAN RELATIONS.- |
29 | (a) The Legislature finds that women have entered the |
30 | workforce in record numbers over the past 50 years. Yet, despite |
31 | the enactment of the federal Equal Pay Act in 1963, many women |
32 | continue to earn significantly lower salaries and pay than men |
33 | for equal work. These pay disparities exist in both the private |
34 | and governmental sectors. In many instances, the pay disparities |
35 | are the result of continued intentional discrimination against |
36 | women or the lingering effects of past discrimination against |
37 | women. |
38 | (b) The Legislature further finds that the existence of |
39 | such pay disparities: |
40 | 1. Depresses the wages of working families who rely on the |
41 | wages of all members of the family; |
42 | 2. Undermines the retirement security of women, which is |
43 | based 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 |
46 | and the instrumentalities of commerce, among workers in all |
47 | states; |
48 | 5. Burdens commerce and the free flow of goods in |
49 | commerce; |
50 | 6. Constitutes an unfair method of competition in |
51 | commerce; |
52 | 7. Leads to labor disputes that burden and obstruct |
53 | commerce and the free flow of goods in commerce; |
54 | 8. Interferes with the orderly and fair marketing of goods |
55 | in commerce; and |
56 | 9. Deprives female workers of equal protection on the |
57 | basis of gender in violation of the Fifth and the Fourteenth |
58 | Amendments to the United States Constitution. |
59 | (c)1. The Legislature further finds that artificial |
60 | barriers to the payment of equal wages continue to exist decades |
61 | after the enactment of the Fair Labor Standards Act of 1938, s. |
62 | 29 U.S.C. 201 et seq., and the Civil Rights Act of 1964, 42 |
63 | U.S.C. s. 2000a. These barriers have resulted, in large part, |
64 | because the federal Equal Pay Act of 1963 has not worked as |
65 | Congress originally intended. Improvements and modifications to |
66 | the law are necessary to ensure that the act provides effective |
67 | protection to those subject to pay discrimination on the basis |
68 | of their gender. |
69 | 2. The Legislature finds that eliminating such artificial |
70 | barriers would have positive effects, including: |
71 | a. Providing a solution to problems in the economy created |
72 | by unfair pay disparities; |
73 | b. Substantially reducing the number of working women |
74 | earning unfairly low wages, thereby reducing the dependence on |
75 | public assistance; |
76 | c. Promoting stable families by enabling all family |
77 | members to earn a fair rate of pay; |
78 | d. Remedying the effects of past discrimination on the |
79 | basis of gender and ensuring that female workers are afforded |
80 | equal protection in the future; and |
81 | e. Ensuring equal protection under s. 2, Article I of the |
82 | State Constitution. |
83 | (d)1. The Legislature finds that the Agency for Workforce |
84 | Innovation and the Commission on Human Relations have important |
85 | and unique responsibilities to help ensure that women receive |
86 | equal pay for equal work. |
87 | 2. The Agency for Workforce Innovation shall: |
88 | a. Collect and make information about women's pay |
89 | available to the public; |
90 | b. Ensure that companies receiving state contracts comply |
91 | with the antidiscrimination and affirmative action requirements |
92 | of this state relating to equal employment opportunity; |
93 | c. Disseminate information about women's rights in the |
94 | workplace; |
95 | d. Help women who are victims of pay discrimination obtain |
96 | a remedy; and |
97 | e. Be proactive in investigating and prosecuting |
98 | violations of laws requiring equal pay, especially systemic |
99 | violations, and in enforcing all mandates of those laws. |
100 | 3. The Commission on Human Relations is the primary |
101 | enforcement agency for claims made under the federal Equal Pay |
102 | Act. The commission shall adopt rules and issue guidance on |
103 | appropriate interpretations of the federal act. |
104 | 4. As a result of a stronger commitment by the Agency for |
105 | Workforce Innovation and the Commission on Human Relations to |
106 | their responsibilities, more effective remedies, and increased |
107 | information about the provisions added to the federal Equal Pay |
108 | Act, this section, and wage data, women will be better able to |
109 | recognize and enforce their rights. |
110 | (e) The Legislature recognizes that certain employers have |
111 | already made great strides in eradicating unfair pay disparities |
112 | in the workplace and their achievements should be recognized. |
113 | (3) RESEARCH, EDUCATION, AND OUTREACH.-The director of |
114 | Workforce Innovation shall conduct studies and provide |
115 | information to employers, labor organizations, and the public |
116 | concerning the means that are available to eliminate pay |
117 | disparities between men and women. These efforts shall include: |
118 | (a) Conducting and promoting research to develop the means |
119 | to expeditiously correct the conditions leading to pay |
120 | disparities; |
121 | (b) Publishing and otherwise making available to |
122 | employers, labor organizations, professional associations, |
123 | educational institutions, the media, and the public findings |
124 | resulting from studies and other materials relating to |
125 | eliminating pay disparities; |
126 | (c) Sponsoring and assisting state and community |
127 | informational and educational programs; |
128 | (d) Providing information to employers, labor |
129 | organizations, professional associations, and other interested |
130 | persons on the means of eliminating pay disparities; and |
131 | (e) Recognizing and promoting the achievements of |
132 | employers, labor organizations, and professional associations |
133 | that have worked to eliminate pay disparities. |
134 | (4) THE GOVERNOR'S RECOGNITION AWARD FOR PAY EQUITY IN THE |
135 | WORKPLACE.- |
136 | (a) There is created the Governor's Recognition Award for |
137 | Pay Equity in the Workplace, which shall be awarded annually to |
138 | businesses in this state that have engaged in activities that |
139 | eliminate the barriers to equal pay for equal work. The ceremony |
140 | to recognize the employers shall be organized in such a way so |
141 | as to encourage proactive efforts by other employers to equalize |
142 | pay between men and women performing the same work. |
143 | (b) The director of Workforce Innovation and the |
144 | chairperson of the Commission on Human Relations, in cooperation |
145 | with the Executive Office of the Governor, shall establish |
146 | criteria for employers to be eligible to receive the award. The |
147 | criteria shall include a requirement that an employer must have |
148 | made substantial efforts to eliminate pay disparities between |
149 | men and women and deserves special recognition as a consequence |
150 | of such efforts. The director shall establish procedures for |
151 | applications, regional ceremonies, and presentations of the |
152 | award. |
153 | Section 2. This act shall take effect July 1, 2010. |