OR HB2005 | 2017 | Regular Session
Status
Completed Legislative Action
Sponsorship: Slight Partisan Bill (Democrat 32-16-1)
Status: Passed on June 21 2017 - 100% progression
Action: 2017-06-21 - Chapter 197, (2017 Laws): Effective date October 6, 2017.
Text: Latest bill text (Enrolled) [PDF]
Sponsorship: Slight Partisan Bill (Democrat 32-16-1)
Status: Passed on June 21 2017 - 100% progression
Action: 2017-06-21 - Chapter 197, (2017 Laws): Effective date October 6, 2017.
Text: Latest bill text (Enrolled) [PDF]
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.
Title
Relating to pay equity; and prescribing an effective date.
Sponsors
Roll Calls
2017-05-22 - House - House Third Reading in Concurrence (Y: 58 N: 0 NV: 0 Abs: 2) [PASS]
2017-05-17 - Senate - Senate Third Reading (Y: 30 N: 0 NV: 0 Abs: 0) [PASS]
2017-05-10 - Senate - Senate Committee Do pass with amendments to the A-Eng bill. (Printed B-Eng.) (Y: 4 N: 0 NV: 0 Abs: 1) [PASS]
2017-03-28 - House - House Third Reading (Y: 36 N: 24 NV: 0 Abs: 0) [PASS]
2017-03-28 - House - House Motion to substitute Minority Report (Y: 29 N: 31 NV: 0 Abs: 0) [FAIL]
2017-03-20 - House - House Committee Do pass with amendments. (Printed A-Eng.) (Y: 5 N: 4 NV: 0 Abs: 0) [PASS]
2017-05-17 - Senate - Senate Third Reading (Y: 30 N: 0 NV: 0 Abs: 0) [PASS]
2017-05-10 - Senate - Senate Committee Do pass with amendments to the A-Eng bill. (Printed B-Eng.) (Y: 4 N: 0 NV: 0 Abs: 1) [PASS]
2017-03-28 - House - House Third Reading (Y: 36 N: 24 NV: 0 Abs: 0) [PASS]
2017-03-28 - House - House Motion to substitute Minority Report (Y: 29 N: 31 NV: 0 Abs: 0) [FAIL]
2017-03-20 - House - House Committee Do pass with amendments. (Printed A-Eng.) (Y: 5 N: 4 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2017-06-21 | House | Chapter 197, (2017 Laws): Effective date October 6, 2017. |
| 2017-06-01 | House | Governor signed. |
| 2017-05-25 | Senate | President signed. |
| 2017-05-24 | House | Speaker signed. |
| 2017-05-22 | House | Vote explanation(s) filed by Barreto, Hack. |
| 2017-05-22 | House | House concurred in Senate amendments and repassed bill.Ayes, 58; Excused, 2--Boone, McKeown. |
| 2017-05-17 | Senate | Vote explanation filed by Thomsen. |
| 2017-05-17 | Senate | Third reading. Carried by Taylor. Passed.Ayes, 30. |
| 2017-05-17 | Senate | Made a Special Order of Business by voice vote. |
| 2017-05-16 | Senate | Second reading. |
| 2017-05-15 | Senate | Recommendation: Do pass with amendments to the A-Eng. bill. (Printed B-Eng.) |
| 2017-05-10 | Senate | Work Session held. |
| 2017-05-01 | Senate | Informational Meeting scheduled. |
| 2017-04-26 | Senate | Public Hearing held. |
| 2017-03-29 | Senate | Referred to Workforce. |
| 2017-03-29 | Senate | First reading. Referred to President's desk. |
| 2017-03-28 | House | Third reading. Carried by Lininger. Passed.Ayes, 36; Nays, 24--Barreto, Bentz, Buehler, Esquivel, Hack, Hayden, Heard, Huffman, Johnson, Kennemer, Lewis, McLane, Nearman, Noble, Olson, Parrish, Post, Reschke, Smith DB, Smith G, Sprenger, Stark, Whisnant, Wilson. |
| 2017-03-28 | House | 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. |
| 2017-03-28 | House | Motion to substitute Minority Report for Committee Report failed.Ayes, 29; Nays, 31--Alonso Leon, Barker, Barnhart, Bynum, Doherty, Evans, Fahey, Gomberg, Gorsek, Greenlick, Helm, Hernandez, Holvey, Keny-Guyer, Lininger, Lively, Malstrom, Marsh, McKeown, McLain, Meek, Nathanson, Nosse, Piluso, Power, Rayfield, Sanchez, Smith Warner, Sollman, Williamson, Speaker Kotek. |
| 2017-03-27 | House | Second reading. |
| 2017-03-27 | House | Minority Recommendation: Do pass with amendments and be printed A-Engrossed. |
| 2017-03-27 | House | Recommendation: Do pass with amendments and be printed A-Engrossed. |
| 2017-03-20 | House | Work Session held. |
| 2017-03-13 | House | Public Hearing held. |
| 2017-02-22 | House | Public Hearing held. |
| 2017-02-07 | House | Referred to Business and Labor. |
| 2017-02-06 | House | First reading. Referred to Speaker's desk. |
