Florida Senate - 2016 SB 454 By Senator Joyner 19-00035-16 2016454__ 1 A bill to be entitled 2 An act relating to employment discrimination; 3 providing a short title; providing legislative 4 findings and intent relating to equal pay for equal 5 work for women; recognizing the importance of the 6 Department of Economic Opportunity and the Florida 7 Commission on Human Relations in ensuring fair pay; 8 providing the duties of the department and the 9 commission in ensuring fair pay; creating the 10 Governor’s Recognition Award for Pay Equity in the 11 Workplace; requiring that the award be given annually 12 to employers in this state who have engaged in 13 activities that eliminate the barriers to equal pay 14 for equal work for women; requiring the executive 15 director of the department and the chair of the 16 commission to create, in cooperation with the 17 Executive Office of the Governor, eligibility criteria 18 for employers to receive the award; requiring the 19 executive director of the department to establish 20 procedures for applications, ceremonies, and 21 presentations of the award; providing an effective 22 date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Fair pay recognition; awards.— 27 (1) SHORT TITLE.—This section may be cited as the “Helen 28 Gordon Davis Fair Pay Protection Act.” 29 (2) LEGISLATIVE FINDINGS AND INTENT.— 30 (a) The Legislature finds that women have entered the 31 workforce in record numbers over the past 50 years. Yet, despite 32 the enactment of the Equal Pay Act of 1963, 29 U.S.C. s. 206(d), 33 many women continue to earn significantly lower pay than men for 34 equal work. These pay disparities exist in both the private and 35 governmental sectors. In many instances, the pay disparities are 36 the result of continued intentional discrimination against women 37 or the lingering effects of past discrimination against women. 38 (b) The Legislature finds that the existence of such pay 39 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. Spreads and perpetuates, through commerce and the 46 instrumentalities of commerce, among workers in all states; 47 5. Burdens commerce and the free flow of goods in commerce; 48 6. Constitutes an unfair method of competition in commerce; 49 7. Leads to labor disputes; 50 8. Interferes with the orderly and fair marketing of goods 51 in commerce; and 52 9. Deprives women workers of equal protection on the basis 53 of gender in violation of the Fifth and the Fourteenth 54 Amendments to the United States Constitution. 55 (c) The Legislature finds that artificial barriers to the 56 payment of equal wages continue to exist decades after the 57 enactment of the Fair Labor Standards Act of 1938, 29 U.S.C. ss. 58 201 et seq., and the Civil Rights Act of 1964, 42 U.S.C. s. 59 2000a. These barriers have resulted, in large part, because the 60 Equal Pay Act has not worked as Congress originally intended. 61 Improvements and modifications to the law are necessary in order 62 to ensure that the act provides effective protection to those 63 who are subject to pay discrimination on the basis of their 64 gender. The Legislature finds that eliminating such artificial 65 barriers would have positive effects, including: 66 1. Providing a solution to problems in the economy created 67 by unfair pay disparities; 68 2. Reducing substantially the number of women workers 69 earning unfairly low wages, thereby reducing dependence on 70 public assistance; 71 3. Promoting stable families by enabling all family members 72 to earn a fair rate of pay; 73 4. Remedying the effects of past discrimination on the 74 basis of gender and ensuring that, in the future, women workers 75 are afforded equal protection; and 76 5. Ensuring equal protection under s. 2, Article I of the 77 State Constitution. 78 (d) The Legislature finds that the Department of Economic 79 Opportunity and the Florida Commission on Human Relations have 80 important and unique responsibilities to ensure that women 81 receive equal pay for equal work. This act, coupled with the 82 collection and publication of wage data, increased information 83 about revisions to the Equal Pay Act of 1963, and a stronger 84 commitment by the Department of Economic Opportunity and the 85 Commission on Human Relations to their responsibilities and to 86 more effective remedies, will better equip women to recognize 87 and enforce their rights. 88 (e) The Legislature further finds that certain employers 89 have already made great strides in eradicating unfair pay 90 disparities in the workplace and that their achievements should 91 be recognized. 92 (3) DUTIES OF THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND 93 THE FLORIDA COMMISSION ON HUMAN RELATIONS.— 94 (a) The Department of Economic Opportunity shall: 95 1. Collect and make publicly available information about 96 women’s pay; 97 2. Ensure that companies receiving state contracts comply 98 with antidiscrimination and affirmative action requirements of 99 this state relating to equal employment opportunity; 100 3. Disseminate information about women’s rights in the 101 workplace; 102 4. Assist women who have been victims of pay discrimination 103 to obtain a remedy; 104 5. Be proactive in investigating and prosecuting violations 105 of laws requiring equal pay, especially systemic violations, and 106 in enforcing all mandates of those laws; and 107 6. Conduct studies concerning the means that are available 108 to eliminate pay disparities between men and women and, in 109 connection with such studies, shall: 110 a. Promote research to develop the means to expeditiously 111 correct the conditions leading to pay disparities; 112 b. Publish and otherwise make available to employers, labor 113 organizations, professional associations, educational 114 institutions, the media, and the public findings resulting from 115 studies and other materials relating to eliminating pay 116 disparities; 117 c. Sponsor and assist state and community informational and 118 educational programs; 119 d. Provide to employers, labor organizations, professional 120 associations, and other interested persons information on the 121 means of eliminating pay disparities; and 122 e. Recognize and promote the achievements of employers, 123 labor organizations, and professional associations that have 124 worked to eliminate pay disparities. 125 (b) The Florida Commission on Human Relations is the 126 primary enforcement agency for claims made under the Equal Pay 127 Act and shall adopt rules and issue guidance on appropriate 128 interpretations of the law. 129 (4) THE GOVERNOR’S RECOGNITION AWARD FOR PAY EQUITY IN THE 130 WORKPLACE.— 131 (a) The Legislature establishes the Governor’s Recognition 132 Award for Pay Equity in the Workplace, which shall be given 133 annually to employers in this state who have engaged in 134 activities that eliminate the barriers to equal pay for equal 135 work. The award ceremony to recognize employers shall be 136 organized in a way that encourages proactive efforts by other 137 employers to equalize pay between men and women performing the 138 same work. 139 (b) The executive director of the department and the chair 140 of the Florida Commission on Human Relations, in cooperation 141 with the Executive Office of the Governor, shall create 142 eligibility criteria for employers to receive the award. The 143 criteria must include a requirement that an employer has made 144 substantial efforts to eliminate pay disparities between men and 145 women. The executive director shall establish procedures for 146 applications, regional ceremonies, and presentations of the 147 award. 148 Section 2. This act shall take effect July 1, 2016.