Employers are prohibited from retaliating against employees who utilize the protections of this act. Furthermore, employees may file a civil action for actual and compensatory damages for such retaliation.
The act modifies the provisions allowing for a civil cause of action for violations of this act. Employees may seek recovery of actual damages and compensatory damages, not to exceed twice the wages awarded. Furthermore, an employee prevailing in an action may recover reasonable attorney's fees and court costs. Courts are authorized to issue an injunction against employers for violation of the provisions of the act, in addition to other steps seen as necessary to make the employee whole.
Current law requires an action alleging an unlawful payment practice based on gender to be brought within 6 months of the date of the alleged violation. This act permits actions to be brought within two years of the alleged violation.
This act is identical to SB 95 (2019), substantially similar to SB 682 (2020), HB 1864 (2020), HB 145 (2019), SB 700 (2018), SB 1064 (2018), HB 2190 (2018), SB 205 (2017), SB 350 (2017), HB 518 (2017), HB 559 (2017), SB 695 (2016), SB 952 (2016), HB 2249 (2016), HB 2356 (2016), HB 2370 (2016), HB 2403 (2016), HB 2660 (2016), SB 247 (2015), SB 873 (2004) and HB 1069 (2002) and similar to HB 349 (2011), SB 647 (2010), and HB 1962 (2010).
SCOTT SVAGERA
Statutes affected: