Amendment ID: S2107-4-R1

Redraft Amendment 4

Non Discriminatory Variations In Wages

Mr. Tarr moves to amend the bill in Section 2, by striking out the first paragraph in subsection (b) and replacing it with the following:-

“(b) No employer shall discriminate in any way on the basis of gender in the payment of wages or other compensation, including benefits and other compensation, or pay any person a salary or wage rates less than the rates paid to employees of a different gender for comparable work; provided, however, that variations in wages shall not be prohibited if based upon: (i) a bona fide system that rewards seniority with the employer, provided, however, that such seniority system shall: (A) not be adopted with the intention to discriminate between employees based on gender; (B) must be based on criteria that measurers merit or productivity; (C) must be consistently applied to employees and may include length of service;  provided, however, that time spent on leave due to a pregnancy-related condition and protected parental, family and medical leave, shall not reduce seniority; (ii) a bona fide merit system; (iii) a bona fide system which measures earnings by quantity or quality of production or sales; (iv) the geographic location in which a job is performed if 1 geographic location has a lower cost of living based on the federal bureau of labor statistics consumer price index; (v) a differential based on any other factor other than gender; or (vi) education, training or experience to the extent such factors are reasonably related to the particular job in question and consistent with business necessity."