SB547 HFA Fleischauer et al 3-04

                Delegates Fleischauer, Storch, Hornbuckle, Kump, Angelucci, Barrett, Bates, Boggs, N Brown, S Brown, Byrd, Campbell, Canestraro, Caputo, Diserio, Doyle, Estep-Burton, Evans, Fleischauer, Fluharty, Hansen, Hartman, Hicks, Lavender-Bowe, Longstreth, Lovejoy, Miley, Miller, Pethtel, Pushkin, Pyles, Robinson, Rodighiero, Rowe, Skaff, Sponaugle, Staggers, Swartzmiller, C Thompson, R Thompson, Tomblin, Walker, Williams and Zukoff

 move to amend the Com Sub for 547 on page 2, following the period on line 18, by inserting a new article, to read as follows:

“ARTICLE 17. THE KATHERINE JOHNSON AND DOROTHY VAUGHAN FAIR PAY ACT.

§21-17-1.  The Katherine Johnson and Dorothy Vaughan Fair Pay Act.

(a)(1) This section may be cited as the “Katherine Johnson and Dorothy Vaughn Fair Pay Act,” in honor of these two brilliant African American mathematicians with close ties to  Morgantown, Institute, and White Sulphur Springs, West Virginia, who experienced employment discrimination during their careers.

(2)  An employee has the right to disclose, discuss or share information about the amount of his or her wages, benefits or other compensation.  An employee also has a right to refrain from disclosing, discussing or sharing information about the amount of his or her wages, benefits or other compensation.  

(b) It is an unlawful discriminatory practice, unless based on a bona fide occupational qualification, or except where based on applicable security regulations established by the United States or the State of West Virginia or its agencies or political subdivisions, for any employer to:

(1) Prohibit or retaliate against an employee for disclosing his or her own wages or

discussing or inquiring with other employees about their wages.

(2)  Require, as a condition of employment, that a candidate for employment or an employee sign a waiver or other document that denies that person the right to disclose the amount of his or her wages, benefits or other compensation or to inquire about, discuss, or share information about any other employee’s wages, benefits, or other compensation; and

(3) Request or require applicants to disclose salary or benefits as a condition of being interviewed, considered for employment, offered compensation, or being employed, or to inquire about job applicants’ salary or benefit history from current or former employers.

(c) It is not an unlawful discriminatory practice for an employer to confirm the applicant’s salary history if:

(1) The applicant has voluntarily disclosed it; or,

(2) The employer has already negotiated and made an offer of employment with compensation to the applicant.

(d) It is an unlawful discriminatory practice for an employer to engage in any form of retaliation or reprisal or otherwise discriminate against an employee because he or she:

(1) made a charge, filed a complaint, instituted or caused to institute any investigation, proceeding, hearing or other action under or related to this section, or is cooperating in any action or investigation that is so instituted; or,

(2) has inquired about, discussed, or disclosed wages of the employee or another employee, provided the other employee has provided consent.

(e)  An employee or prospective employee may maintain a civil action for a violation of this article. “