HB 1962 -- Equal Employment Practices

Sponsor:  Newman

This bill changes the laws regarding equal employment practices.
In its main provisions, the bill:

(1)  Requires employers upon an individual's employment and at
least annually thereafter to provide a written statement
informing each employee of his or her job title, wage rate, and
how the wage rate was calculated.  The employee notice is to be
supplemented whenever the employee is promoted or reassigned;

(2)  Requires employers to make and keep certain records
regarding wages paid to employees and requires the Department of
Labor and Industrial Relations to establish forms and procedures
for employers to submit this information, protect the
confidentiality of the acquired information, and compile and
publish any reports it considers appropriate on the submitted
information;

(3)  Requires the department director to appoint, within 90 days
of the effective date of the bill, a nine-member Equal Pay
Commission to study and identify wage disparities in the public
and private sectors between men and women and minorities and
nonminorities as well as the causes, consequences, and needed
actions including proposed legislation to eliminate and prevent
the disparities.  The commission's membership requirements are
specified in the bill.  The commission must report its findings
and recommendations to the department director within 12 months
of its formation who will transmit it to the Governor;

(4)  Prohibits employers from paying any employee a wage rate
less than the rate paid to an employee of the opposite gender for
equal work with certain specified exceptions.  No employer may
discharge or take any adverse action or otherwise discriminate
against any individual because he or she opposed any unlawful act
or practice or participated in an investigation, hearing, or
other proceeding regarding the provisions of the bill.  Any
employer violating a provision regarding discharge or adverse
action will be liable to the employee in the amount of wages and
benefits lost as a result of the retaliation as well as any
damages awarded by the court.  The court may also enjoin the
employer from further violations and order additional steps as
necessary.  Remedies for any unlawful gender-based practice may
also include recovery of court costs and reasonable attorney
fees; and

(5)  Repeals the six-month statute of limitations for filing
civil actions against an employer and requires an action to be
commenced within two years after the violation occurred or the
date of the reasonable discovery.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:12 pm