House Bill 2005

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 <b>to employee that includes amount of compensation</b>. 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.

In the House of Representatives

• Ann Lininger

  Sponsor

• Janelle Bynum, John Lively, Jodi Hack

  Chief co-sponsors

In the Senate

• Kathleen Taylor

  Sponsor

• Michael Dembrow, Tim Knopp, Ted Ferrioli

  Chief co-sponsors

• House of Representatives, third reading29–31

  Mar 28

• House of Representatives, third reading36–24

  Passed · Mar 28

• Senate, third reading30–0

  Passed · May 17

• House of Representatives, concurrence58–0

  Agreed to the other chamber's changes · May 22 · 2 present

• House of Representatives committee amendmentAdopted

  Adopted Mar 27

• Senate committee amendmentAdopted

  Adopted May 15

l9n doesn't hold this bill's text yet.

In the House of Representatives Feb 6 – Mar 28

1. Feb 6Introduced
2. Feb 7Sent to Business and Labor
3. Feb 22Heard in Business and Labor
4. Mar 13Heard in Business and Labor
5. Mar 20Heard in Business and Labor
6. Mar 27Business and Labor recommended it as amended
7. Read a second time
8. Mar 28Passed the House of Representatives, 36 to 24

In the Senate Mar 29 – May 17

1. Mar 29Arrived in the Senate
2. Sent to Workforce
3. Apr 26Heard in Workforce
4. May 10Heard in Workforce
5. May 15Workforce recommended it as amended
6. May 16Read a second time
7. May 17Passed the Senate, 30 to 0

Back in the House of Representatives May 22 – May 24

1. May 22The House of Representatives agreed to the Senate's amendments and passed it again, 58 to 0
2. May 24Signed in the House of Representatives

To the Governor May 25 – Jun 21

1. May 25Signed in the Senate
2. Jun 1Signed by the Governor
3. Jun 21Became chapter 197 of Oregon Laws 2017, in force from October 6, 2017