ARIZONA STATE SENATE
Phoenix, Arizona
employment; equal wages
Creates an Equal Pay Committee to study and report on the factors for wage disparity based on gender and race in both the public and private sectors.
Current Arizona statute prohibits wage discrimination based on sex. Wage discrimination based on race, however, is not addressed in Arizona statute. Two federal laws protect workers against wage discrimination. The Equal Pay Act of 1963 prohibits unequal pay for equal or substantially equal work performed by men and women. Title VII of the Civil Rights Act of 1964 prohibits wage discrimination on the basis of race, color, sex, religion or national origin.
According to the National Conference of State Legislatures, several states utilize differing forms of equal pay commissions to study and report on the implementation of gender and/or race wage discrimination prohibition in the public and/or private sector. Furthermore, the Center for Policy Alternatives (CPA) has drafted model legislation aimed at reducing the wage gap based on race and gender. According to CPA, twelve states, including Arizona, are considering such model legislation. S.B. 1266 incorporates one tenet of the model legislation, that of an Equal Pay Committee (Committee).
There may be a fiscal impact associated with the provision of this bill relating to the reimbursement of expenses for members on the Equal Pay Committee.
Provisions
1. Establishes a nine-member Committee to study specified factors for, and consequences of, wage disparities based on gender and race in both the public and private sectors and its impact on families and the economy.
2. Prescribes the membership of the Committee.
3. Requires the Committee to submit an annual report of its findings and recommendations to the Governor and Legislature by December 10 of each year.
4. Qualifies members of the Committee for reimbursements of expenses only.
5. Requires the Commission to provide staff and support services to the Committee.
6. Requires the Governor to appoint members no later than ninety days after the general effective date.
7. Provides for a general effective date.
Amendments
Adopted by the Appropriations Committee
Removes the following provisions from the bill:
· The prohibition of wage discrimination based on race.
· The entitlement of discriminated employees to recover compensatory and punitive damages against employers.
· The requirement that employers found liable of wage discrimination pay a penalty to the equal wage fund.
· The establishment of an equal wage fund to administer and enforce wage discrimination provisions.
Senate Action
COM DP 4-2-0-0
APPROP DPA 10-0-2-0
Prepared by Senate Staff
March 7, 2001