Dive Brief:
- The Paycheck Fairness Act of 2014 has gone nowhere in the Senate, so women's legal groups have taken their case to the states in trying to close the gender pay gap, according to an article at Society of Human Resource Management (SHRM).
- In just the past few weeks, legislative efforts focused on equal pay between the genders have been introduced in nearly half the states in the U.S., SHRM said.
- The majority of the equal pay bills mimic the federal law, which would force employers to make their case that pay disparity results from performance, not gender. It would also empower workers to openly discuss pay information with co-workers. A few states, the article noted, would prevent employers from asking about a job candidate's salary history.
Dive Insight:
Even with the recent activity, even more states may soon be on board. Denise Visconti, managing shareholder in the San Diego office of Littler, the employment law firm, told SHRM the bills “are spreading a little like wildfire.”
Despite different flavors, the state proposals at the very least all ban employers from firing or discriminating against workers who openly discuss salary disparity issues among co-workers.
Visconti told SHRM that these new pay disclosure laws would drive major changes for employers, the most serious of which would be eliminating pay secrecy. She says employers should include a "strong nonretaliation" clause in HR policies and employee handbooks, clearly stating that employees are allowed to ask about pay and/or even help co-workers exercise the same rights "without fear of retaliation or adverse action."
