PRIOR PRINTER'S NO. 281
PRINTER'S NO. 297
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
241
Session of
2017
INTRODUCED BY McGARRIGLE, KILLION, CORMAN, SCARNATI, LAUGHLIN,
TOMLINSON, BROWNE, BARTOLOTTA AND RESCHENTHALER,
JANUARY 31, 2017
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, FEBRUARY 7, 2017
AN ACT
Amending the act of December 17, 1959 (P.L.1913, No.694),
entitled "An act prohibiting discrimination in rate of pay
because of sex; conferring powers and imposing duties on the
Department of Labor and Industry; and prescribing penalties,"
further providing for wage rates; AND PROVIDING FOR
PREEMPTION.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3 of the act of December 17, 1959
(P.L.1913, No.694), known as the Equal Pay Law, is amended to
read:
Section 3. Wage Rates.--(a) No employer having employes
subject to any provisions of this section shall discriminate,
within any establishment in which such employes are employed,
between employes on the basis of sex by paying wages to employes
in such establishment at a rate less than the rate at which he
pays wages to employes of the opposite sex in such establishment
for equal work on jobs, the performance of which, requires equal
skill, effort, and responsibility, and which are performed under
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similar working conditions, except where such payment is made
pursuant to (1) a seniority system; (2) a merit system; (3) a
system which measures earnings by quantity or quality of
production; (3.1) the level or amount of education, training or
experience; or (4) a differential based on any other factor
other than sex: Provided, That any employer who is paying a wage
rate differential in violation of this subsection shall not in
order to comply with the provisions of this subsection, reduce
the wage rate of any employe.
(b) No labor organization, or its agents, representing
employes of an employer having employes subject to any
provisions of this section, shall cause or attempt to cause such
an employer to discriminate against an employe in violation of
subsection (a) of this section.
(c) No employer or labor organization may discharge or in
any other manner discriminate against any employe for the sole
reason that the employe (1) has made a charge or filed any
complaint, or instituted or caused to be instituted any
proceeding under or related to this act, including an
investigation conducted by the employer, or has testified or is
planning to testify or has assisted or participated in any
manner in any such investigation, proceeding, hearing or action;
or (2) has reasonably inquired about, discussed or disclosed the
wages of the employe or another employe.
(d) No employer or labor organization shall (1) require, as
a condition of employment, that an employe refrain from
disclosing the amount of the employe's wages; or (2) require an
employe to sign a waiver or other document that purports to deny
the employe the right to disclose the amount of the employe's
wages.
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(e) No employer or labor organization may be required to
disclose employe wages except as expressly provided by this
section.
SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 9.1. PREEMPTION.--THE PROVISIONS OF THIS ACT SHALL
PREEMPT AND SUPERSEDE ANY LOCAL ORDINANCE OR RULE CONCERNING THE
SUBJECT MATTER OF THIS ACT.
Section 2 3. This act shall take effect in 30 days.
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