Bill Text: OR HB2861 | 2011 | Regular Session | Introduced

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Bill Title: Relating to wage discrimination.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2861 Detail]

Download: Oregon-2011-HB2861-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3160

                         House Bill 2861

Sponsored by Representative KOTEK (at the request of Oregon
  Council on Civil Rights, Oregon Advocacy Commissions and
  Commissioner of the Bureau of Labor and Industries Brad
  Avakian) (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits discrimination against members of certain protected
classes in payment of wages for work of comparable character that
requires comparable skills to perform.

                        A BILL FOR AN ACT
Relating to wage discrimination; amending ORS 652.210 and
  652.220.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 652.210 is amended to read:
  652.210. As used in ORS 652.210 to 652.230, unless the context
requires otherwise:
  (1) 'Employee' means any individual who, otherwise than as a
copartner of the employer, as an independent contractor or as a
participant in a work training program administered under the
state or federal assistance laws, renders personal services
wholly or partly in this state to an employer who pays or agrees
to pay such individual at a fixed rate. However, when services
are rendered only partly in this state, an individual is not an
employee unless the contract of employment of the employee has
been entered into, or payments thereunder are ordinarily made or
to be made, within this state.
  (2) 'Employer' means any person employing one or more
employees,   { - including - }  the State of Oregon or any
political subdivision thereof or any county, city, district,
authority, public corporation or entity and any of their
instrumentalities organized and existing under law or charter.
'Employer' does not include the federal government.
   { +  (3) 'Protected class' means a group of persons
distinguished by race, color, religion, sex, sexual orientation,
national origin, marital status, disability or age if the
individual is 18 years of age or older. + }
    { - (3) - }   { + (4) + } 'Rate' with reference to wages
means the basis of compensation for services by an employee for
an employer and
  { - includes - }  compensation based on the time spent in the
performance of the services, on the number of operations
accomplished or on the quantity produced or handled.

    { - (4) - }   { + (5) + } 'Unpaid wages' means the difference
between the wages actually paid to an employee and the wages
required under ORS 652.220 to be paid to the employee.
    { - (5) - }   { + (6) + } 'Wages' means all compensation for
performance of service by an employee for an employer, whether
paid by the employer or another person,   { - including - }
 { + and the + } cash value of all compensation paid in any
medium other than cash.
  SECTION 2. ORS 652.220 is amended to read:
  652.220.   { - (1) No employer shall: - }
    { - (a) In any manner discriminate between the sexes in the
payment of wages for work of comparable character, the
performance of which requires comparable skills. - }
    { - (b) Pay wages to any employee at a rate less than that at
which the employer pays wages to employees of the opposite sex
for work of comparable character, the performance of which
requires comparable skills. - }
   { +  (1) An employer may not discriminate against an employee
in the payment of wages for work that is of comparable character,
the performance of which requires comparable skills, to the work
of another employee, on the basis of the:
  (a) Membership of the employee in a protected class;
  (b) Membership of a person with whom the employee associates in
a protected class; or
  (c) Employee having a juvenile record that has been expunged
pursuant to ORS 419A.260 and 419A.262. + }
  (2) Subsection (1) of this section does not apply
 { - where - }  { +  if + }:
  (a) Payment is made pursuant to a seniority or merit system
  { - which - }  { +  that + } does not discriminate on the
 { - basis of sex - }  { +  bases specified in subsection (1) of
this section + }.
  (b) A differential in wages between employees is based in good
faith on factors other than   { - sex - }  { +  the bases
specified in subsection (1) of this section + }.
  (3)   { - No employer shall in any manner - }   { + An employer
may not + } discriminate in the payment of wages against any
employee because the employee has filed a complaint in a
proceeding under ORS 652.210 to 652.230, or has testified, or is
about to testify, or because the employer believes that the
employee may testify, in any investigation or proceedings
pursuant to ORS 652.210 to 652.230 or in a criminal action
pursuant to ORS 652.210 to 652.230.
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