Senate Bill sb0310

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    Florida Senate - 2002                                   SB 310

    By Senator Dawson





    30-262-02

  1                      A bill to be entitled

  2         An act relating to wage discrimination;

  3         creating the "Equal Pay Commission Act";

  4         providing for the Secretary of Labor and

  5         Employment Security to appoint the Equal Pay

  6         Commission; providing membership criteria;

  7         requiring the commission to conduct a study;

  8         specifying the subject of the study; providing

  9         an effective date.

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11         WHEREAS, despite federal and state laws banning

12  discrimination in employment and pay in both the public and

13  private sectors, wage differentials persist between women and

14  men and between minorities and nonminorities in the same jobs

15  and in jobs that are dissimilar but that require equivalent

16  composites of skill, effort, responsibility, and working

17  conditions, and

18         WHEREAS, the existence of such wage differentials

19  depresses wages and living standards for employees, thereby

20  compromising their health and efficiency, reduces family

21  incomes and contributes to higher poverty rates among

22  households headed by females and minority households, prevents

23  the maximum utilization of available labor resources, and

24  tends to cause labor disputes, thereby burdening and

25  obstructing commerce, and

26         WHEREAS, the Florida Civil Rights Act of 1992, sections

27  760.01-760.11, Florida Statutes, states that it is an unlawful

28  employment practice for an employer "to discriminate against

29  any individual with respect to compensation, terms,

30  conditions, or privileges of employment because of such

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    Florida Senate - 2002                                   SB 310
    30-262-02




  1  individual's race, color, religion, sex, national origin, age,

  2  handicap, or marital status," and

  3         WHEREAS, discrimination in wage-setting practices has

  4  played a role in depressing wages for women and minorities

  5  generally, and

  6         WHEREAS, many individuals work in occupations that are

  7  dominated by individuals of their own sex, race, or national

  8  origin, and discrimination in hiring, job assignments, and

  9  promotion has played a role in establishing and maintaining

10  segregated work forces, and

11         WHEREAS, eliminating discrimination in compensation

12  based on sex, race, and national origin would have positive

13  effects, including providing a solution to problems in the

14  economy created by discriminatory wage differentials, reducing

15  the number of working women and people of color earning low

16  wages, thereby lowering their incidence of poverty during

17  normal working years and in retirement, and promoting stable

18  families by raising family incomes, and

19         WHEREAS, it is the purpose of this act to correct and

20  as rapidly as practicable eliminate discriminatory wage

21  practices based on sex, race, color, religion, national

22  origin, age, handicap, or marital status, NOW, THEREFORE,

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24  Be It Enacted by the Legislature of the State of Florida:

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26         Section 1.  Equal Pay Commission Act; commission

27  membership, duties.--

28         (1)  This section may be cited as the "Equal Pay

29  Commission Act."

30         (2)  Within 90 days after the effective date of this

31  section, the Secretary of Labor and Employment Security shall

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    Florida Senate - 2002                                   SB 310
    30-262-02




  1  appoint a commission consisting of nine members, to be known

  2  as the Equal Pay Commission.

  3         (3)  Membership on the commission shall include:

  4         (a)  Two representatives of business in this state who

  5  are appointed from among individuals nominated by state

  6  business organizations and business trade associations;

  7         (b)  Two representatives of labor organizations who

  8  have been nominated by state labor federations. As used in

  9  this paragraph, the term "state labor federation" means an

10  organization that:

11         1.  Is chartered by a federation of national or

12  international unions;

13         2.  Admits to membership local unions; and

14         3.  Exists primarily to carry on educational,

15  legislative, and coordinating activities;

16         (c)  Two representatives of organizations the

17  objectives of which include the elimination of pay disparities

18  between men and women or between minorities and nonminorities,

19  and who have undertaken advocacy, educational, or legislative

20  initiatives in pursuit of such objective; and

21         (d)  Three individuals drawn from higher education or

22  research institutions who have experience and expertise in the

23  collection and analysis of data concerning such pay

24  disparities and whose research has already been used in

25  efforts to promote the elimination of those disparities.

26         (4)  The commission shall make a full and complete

27  study of:

28         (a)  The extent of wage disparities, in both the public

29  and private sectors, between men and women and between

30  minorities and nonminorities;

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    Florida Senate - 2002                                   SB 310
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  1         (b)  Those factors that cause or tend to cause such

  2  disparities, including segregation between women and men and

  3  between minorities and nonminorities across and within

  4  occupations, payment of lower wages for work in

  5  female-dominated occupations, child-rearing responsibilities,

  6  and education and training;

  7         (c)  The consequences of such disparities on the

  8  economy and on affected families; and

  9         (d)  Actions, including proposed legislation, which are

10  likely to lead to the elimination and prevention of such

11  disparities.

12         Section 2.  This act shall take effect upon becoming a

13  law.

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16                          SENATE SUMMARY

17    Creates the "Equal Pay Commission Act." Provides for the
      Secretary of Labor and Employment Security to appoint the
18    Equal Pay Commission. Provides membership criteria.
      Requires the commission to conduct a study and specifies
19    the subject of the study.

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