Connecticut Seal

General Assembly

 

Proposed Bill No. 362

 

January Session, 2009

 

LCO No. 1848

   

Referred to Committee on Labor and Public Employees

 

Introduced by:

 

SEN. CALIGIURI, 16th Dist.

 

AN ACT CONCERNING EQUAL PAY FOR EQUAL WORK.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

That title 31 of the general statutes be amended to require that, if an employee can demonstrate that its employer discriminates between employees on the basis of sex by paying wages to employees at that business at a rate less than the rate at which the employer pays wages to employees of the opposite sex in such business for equal work on the jobs, the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions, such employer must demonstrate that such differential in pay is made pursuant to (1) a seniority system; (2) a merit system; (3) a system which measures earnings by quantity or quality of production; or (4) a differential based on a bona fide factor other than sex, such as education, training or experience. Said bona fide factor defense shall apply only if the employer demonstrates that such factor (A) is not based upon or derived from a sex-based differential in compensation; (B) is job related with respect to the position in question; and (C) is consistent with business necessity. Such defense shall not exist where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice.

Statement of Purpose:

To require equal pay for equal work.