HB 2005 Oregon House · 2017 Regular Session

Relating to pay equity; and prescribing an effective date.

Summary
Provides definitions relating to comparable work for purposes of pay equity provisions. Makes unlawful employment practice to discriminate in payment of wages against employee on basis of protected class. Makes unlawful employment practice to screen job applicants based on salary history, to base salary decision on salary history, other than for internal hires, and to seek salary history information from applicant for employment other than after making offer of employment to employee that includes amount of compensation . Allows employer to pay employees for work of comparable character at different compensation levels only if entire compensation differential is based on bona fide factor related to position in question and based on certain criteria. Extends time limitation to bring certain pay equity claims by making each subsequent payroll action that is based on underlying pay equity violation actionable. Extends tort claim notice requirement from 180 days to 300 days for public employee to give notice of certain pay equity violations. Adds additional remedies for pay equity and wage-related violations that include right to jury trial and right to compensatory and punitive damages. Allows employee who files complaint alleging pay equity violation with Bureau of Labor and Industries and prevails to recover back pay for up to two years plus duration of time spent in complaint process. Permits employer to file motion to disallow award of compensatory or punitive damages. Provides that court shall grant motion if employer demonstrates that employer has completed equal-pay analysis that meets certain criteria, eliminated wage differentials for plaintiff and made reasonable and substantial progress toward eliminating wage differentials for other employees in same protected class asserted by plaintiff. Provides that, if court grants motion, court may award back pay only for two-year period immediately preceding filing of action and allow prevailing plaintiff costs and attorney fees but may not award damages. Becomes operative on January 1, 2019. Makes violation for seeking salary history from prospective or current employee prior to offer of employment subject to compensatory and punitive damages beginning on January 1, 2024. Takes effect on 91st day following adjournment sine die.
Bill status signed all 4 stages cleared
Introduction
Feb 2017
Committee Review
May 2017
Senate Passage
May 2017
Signed into Law
Jun 2017
Introduced Feb 6, 2017 Signed Jun 1, 2017
Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
27
Key actions
9
Committee
5
Jun 1, 2017
Signed into law
Governor signed.
legislature
May 25, 2017
Legislature · Passed
President signed.
legislature
May 24, 2017
Legislature · Passed
Speaker signed.
legislature
May 22, 2017
Introduced
Vote explanation(s) filed by Barreto, Hack.
legislature
May 22, 2017
Legislature · Passed
House concurred in Senate amendments and repassed bill.
legislature
May 17, 2017
Introduced
Vote explanation filed by Thomsen.
legislature
May 17, 2017
Legislature · Passed
Third reading. Carried by Taylor, Knopp. Passed.
legislature
May 15, 2017
Legislature · Passed
Recommendation: Do pass with amendments to the A-Eng. bill. (Printed B-Eng.)
legislature
Mar 29, 2017
Committee
Referred to Workforce.
legislature
Mar 29, 2017
Introduced
First reading. Referred to President's desk.
legislature
Mar 28, 2017
Introduced
Vote explanation(s) filed by Alonso Leon, Barnhart, Bynum, Doherty, Evans, Fahey, Gomberg, Gorsek, Helm, Holvey, Keny-Guyer, Malstrom, Marsh, McKeown, McLain, Meek, Nathanson, Piluso, Rayfield, Sanchez, Sollman, Williamson.
legislature
Mar 28, 2017
Legislature · Passed
Third reading. Carried by Lininger. Passed.
legislature
Mar 27, 2017
Legislature · Passed
Minority Recommendation: Do pass with amendments and be printed A-Engrossed.
legislature
Mar 27, 2017
Legislature · Passed
Recommendation: Do pass with amendments and be printed A-Engrossed.
legislature
Feb 7, 2017
Committee
Referred to Business and Labor.
legislature
Feb 6, 2017
Introduced
First reading. Referred to Speaker's desk.
legislature
8 primary · 41 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Ann Lininger
Ann Lininger
DDemocratic
OR
38
P
JB
Janelle Bynum
DDemocratic
OR
39
P
Photo of Jodi Hack
Jodi Hack
RRepublican
OR
19
P
Photo of John Lively
John Lively
DDemocratic
OR
7
P
Photo of Kathleen Taylor
Kathleen Taylor
DDemocratic
OR
21
P
Photo of Michael Dembrow
Michael Dembrow
DDemocratic
OR
23
P
Photo of Ted Ferrioli
Ted Ferrioli
RRepublican
OR
30
P
Photo of Tim Knopp
Tim Knopp
RRepublican
OR
27
Co
Photo of Alan DeBoer
Alan DeBoer
RRepublican
OR
3
Co
Photo of Alan Olsen
Alan Olsen
RRepublican
OR
20
Co
AK
Alissa Keny-Guyer
DDemocratic
OR
46
Co
Photo of Arnie Roblan
Arnie Roblan
DDemocratic
OR
5
Co
BS
Barbara Smith Warner
DDemocratic
OR
45
Co
BJ
Betsy Johnson
DDemocratic
OR
16
Co
Photo of Bill Hansell
Bill Hansell
RRepublican
OR
29
Co
BB
Brian Boquist
IIndependent
OR
12
Co
Photo of Carla Piluso
Carla Piluso
DDemocratic
OR
50
Co
CR
Chuck Riley
DDemocratic
OR
15