Virginia Equal Pay Act; civil penalties.

Virginia Equal Pay Act; civil penalties. Prohibitspublic and private employers from discriminating between employees on the basisof membership in a protected class in the payment of wages or other compensation,including benefits, by paying wages or other compensation to employees who aremembers of a protected class at a rate less than the rate at which it payswages or other compensation to employees who are not members of the protectedclass for substantially similar work. The measure also prohibits an employerfrom (i) discriminating between employees by providing less favorableemployment opportunities on the basis of membership in a protected class, (ii)limiting an employee's right to discuss wages, (iii) relying on the wagehistory of a prospective employee in considering the prospective employee foremployment or determining the wages that the prospective employee is to be paidby the employer upon hire, or (iv) taking certain retaliatory actions againstan employee. The measure also establishes criteria for when wage differentialsbetween employees are permitted. The measure requires employers to (a) providea prospective employee with the wage range for the position for which theprospective employee is applying upon request or prior to inquiring about theprospective employee's wage expectations or providing an offer of compensationand (b) maintain records of the wages and wage rates, job classifications, andother terms and conditions of employment for a period of three years. Themeasure gives an employee who is the subject of a violation a right of actionto recover, for certain violations, the greater of compensatory damages or$10,000, liquidated damages, punitive damages, and attorney fees. Violationsare also subject to civil penalties.