HB624: Human Rights, Division of; requirements for equal pay irrespective of sex.
Be it enacted by the General Assembly of Virginia:
1. § 1. That the Division of Human Rights of the Department of Law (the Division) is directed to develop recommendations regarding the type of information about businesses and their employees and the accompanying methodology that would be required for the Division to proactively enforce the provisions of § 40.1-28.6 of the Code of Virginia requiring equal pay of similarly situated employees irrespective of sex. Additionally, the Division shall develop recommendations regarding the data and methodological requirements for proactively enforcing a requirement for equal pay irrespective of race. The Division shall also develop recommendations regarding appropriate enforcement mechanisms, including causes of action and civil remedies, to address discrimination in compensation based on sex and race. In developing such recommendations, the Division shall engage stakeholders representing employers and employees in the Commonwealth. The Division shall report its findings and recommendations to the Governor and the General Assembly no later than November 30, 2020.
Be it enacted by the General Assembly of Virginia:
1. § 1. That the Division of Human Rights of the Department of Law (the Division) is directed to develop recommendations regarding the type of information about businesses and their employees and the accompanying methodology that would be required for the Division to proactively enforce the provisions of § 40.1-28.6 of the Code of Virginia requiring equal pay of similarly situated employees irrespective of sex. Additionally, the Division shall develop recommendations regarding the data and methodological requirements for proactively enforcing a requirement for equal pay irrespective of race. The Division shall also develop recommendations regarding appropriate enforcement mechanisms, including causes of action and civil remedies, to address discrimination in compensation based on sex and race. In developing such recommendations, the Division shall engage stakeholders representing employers and employees in the Commonwealth. The Division shall report its findings and recommendations to the Governor and the General Assembly no later than November 30, 2020.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Article 4 of Chapter 5 of Title 2.2 a section numbered 2.2-520.1 as follows:
§ 2.2-520.1. Discrimination in compensation on the basis of gender.
A. As used in this section:
"Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, and retirement.
"Employee" means the same as that term is defined in § 40.1-2.
"Employer" means the same as that term is defined in § 40.1-2.
B. Any company that employs 100 or more employees shall
provide annually to the Division the following information for each employee:
(i) gender, (ii) race, (iii) job title, (iv) department, (v) job grade or
level, (vi) hire date, (vii) job location, (viii) hours worked over the past 52
weeks, (ix) base wage or salary, (x) overtime pay and bonuses or other forms of
compensation, (xi) applicable performance scores or ratings, (xii) level of
education, and (xiii) years of experience in the relevant field or industry.
C. By November 30 of each year, the Division shall develop a standard for how to evaluate discrimination in compensation on the basis of gender as prohibited by § 40.1-28.6. Such standard shall be developed utilizing the information received pursuant to subsection B.
2. That the Division of Human Rights shall provide recommendations regarding appropriate enforcement mechanisms, including causes of action and civil remedies, to address discrimination in compensation to the General Assembly by November 30, 2020.
HOUSE BILL NO. 624
Be it enacted by the General Assembly of Virginia:
1. That § 2.2-520 of the Code of Virginia is amended and reenacted as follows:
§ 2.2-520. Division of Human Rights created; duties.
A. There is created in the Department of Law a Division of Human Rights (the Division) to assist in the prevention of and relief from alleged unlawful discriminatory practices.
B. The duties of the Division shall be to:
1. Receive, investigate, seek to conciliate, refer to another agency, hold hearings pursuant to the Virginia Administrative Process Act (§ 2.2-4000 et seq.), and make findings and recommendations upon complaints alleging unlawful discriminatory practices;
2. Adopt, promulgate, amend, and rescind regulations consistent with this article pursuant to the Virginia Administrative Process Act (§ 2.2-4000 et seq.). However, the Division shall not have the authority to adopt regulations on a substantive matter when another state agency is authorized to adopt such regulations;
3. Inquire into incidents that may constitute unlawful acts of discrimination or unfounded charges of unlawful discrimination under state or federal law and take such action within the Division's authority designed to prevent such acts;
4. Seek through appropriate enforcement authorities, prevention of or relief from an alleged unlawful discriminatory practice;
5. Appoint and compensate qualified hearing officers from the list of hearing officers maintained by the Executive Secretary of the Supreme Court of Virginia;
6. Promote creation of local commissions to aid in effectuating the policies of this article and to enter into cooperative worksharing or other agreements with federal agencies or local commissions, including the deferral of complaints of discrimination to federal agencies or local commissions;
7. Make studies and appoint advisory councils to effectuate the purposes and policies of the article and to make the results thereof available to the public;
8. Accept public grants or private gifts, bequests, or other payments, as appropriate; and
9. Furnish technical assistance upon request of persons subject to this article to further comply with the article or an order issued thereunder.
C. The Division shall conduct an annual survey of information on job title, gender, and salary of all employers with 500 or more employees. As used in this subsection, "employer" means the same as that term is defined in § 40.1-2.