Bill Text: MS HB1278 | 2021 | Regular Session | Introduced

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Bill Title: Equal pay for equal work; require employees of opposite sex in the same work establishment.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Failed) 2021-02-02 - Died In Committee [HB1278 Detail]

Download: Mississippi-2021-HB1278-Introduced.html

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MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Workforce Development; Judiciary A

By: Representatives Clarke, Summers, Stamps, Bailey, Bell (65th), Brown (70th), Denton, Gibbs (72nd), Hudson, McCray, Porter, Taylor, Thompson

House Bill 1278

AN ACT TO PROVIDE THAT NO EMPLOYER SHALL PAY AN EMPLOYEE A WAGE AT A RATE LESS THAN THE RATE AT WHICH AN EMPLOYEE OF THE OPPOSITE SEX IN THE SAME ESTABLISHMENT IS PAID FOR EQUAL WORK ON A JOB, THE PERFORMANCE OF WHICH REQUIRES EQUAL SKILL, EFFORT AND RESPONSIBILITY, AND WHICH IS PERFORMED UNDER SIMILAR WORKING CONDITIONS; TO PROVIDE THAT AN EMPLOYEE MAY FILE A PETITION IN THE PROPER CIRCUIT COURT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  No employer may pay an employee a wage at a rate less than the rate at which an employee of the opposite sex in the same establishment is paid for equal work on a job, the performance of which requires equal skill, effort and responsibility, and which is performed under similar working conditions, except where payment is made pursuant to a differential based on:

          (a)  A seniority system;

          (b)  A merit system;

          (c)  A system which measures earnings by quantity or quality of production; or

          (d)  Any factor other than sex.

     (2)  Subsection (1) of this section creates an actionable right in Mississippi for any person who is an employee and who believes that such person's employer has violated the provisions of subsection (1) of this section.  Any employee who is aggrieved under subsection (1) of this section may file a petition in the proper circuit court in Mississippi.

     If an employer is found to have violated the provisions of subsection (1) of this section, the employee shall be awarded reasonable remedies as provided by federal law for violations of Title VII or Title IX.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2021.