Senate Bill No. 85–Senators Carlton, Titus,
Wiener and Amodei
February 7, 2001
____________
Referred to Committee on Commerce and Labor
SUMMARY—Creates commission to study disparity in
compensation based on differing genders, races or national origins of employees
in public and private employment. (BDR S‑452)
FISCAL NOTE: Effect on Local Government: No.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along
left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to employment; requiring the Governor to create a commission to study the
disparity of compensation based on differing genders, races or national origins
of employees in public and private employment; requiring the commission to
report to the Legislature; and providing other matters properly relating
thereto.
Whereas, Despite federal and state laws
banning disparity in compensation based on differing genders, races or national
origins of employees, in both the public and private sector, disparities exist
between compensation paid to women and compensation paid to men and
compensation paid to minorities and compensation paid to nonminorities in cases
where the persons hold the same job or hold jobs which are not similar but
which require equivalent composites of skill, effort, responsibility and
working conditions; and
Whereas, The existence of such
disparity:
1. Depresses
wages and living standards for employees who receive disparately low
compensation;
2. Reduces family incomes and contributes to the
higher poverty rates among households headed by a female or a minority;
3. Prevents the maximum use of labor resources
available in this state;
4. Tends to cause labor disputes, thereby
burdening, affecting and obstructing commerce;
5. Constitutes an unfair method of competition;
and
6. Violates the policy of this state against
such disparity in compensation; and
Whereas, Disparity in compensation
based on differing genders, races or national origins of employees has
contributed to depressed wages for women and minorities; and
Whereas, Eliminating disparity in
compensation based on differing genders, races or national origins of employees
would have positive effects on our society, including, without limitation:
1. Providing a solution to problems in the
economy which are the result of such disparity in compensation;
2. Reducing the number of women and minorities
who earn disparately low wages, thereby lowering their incidences of poverty
during working years and in retirement; and
3. Promoting stable families by increasing
income for families; and
Whereas, Current methods of preventing
employers from establishing disparate compensation based on differing genders,
races or national origins of employees have proven to be only partially
effective; and
Whereas, Understanding the full extent
and the causes of disparities in compensation in public and private employment,
that exist between compensation paid to men and compensation paid to women and
between compensation paid to minorities and compensation paid to nonminorities,
would enable the state to take more effective measures to reduce such
disparities and to eliminate the practice of establishing disparate
compensation based upon differing genders, races or national origins of
employees; now, therefore,
THE PEOPLE OF THE STATE OF
NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:
1-1 Section 1. The purposes
of this Act and the Equal Pay Commission
1-2 are to:
1-3 1. Investigate the cause
and extent of disparate compensation based on
1-4 differing genders, races or
national origins of employees in both public and
1-5 private employment in this
state;
1-6 2. Develop reliable data
about the cause and extent of such disparate
1-7 compensation;
1-8 3. Educate the public about
the cause and extent of disparate
1-9 compensation based on
differing genders, races or national origins of
1-10 employees in this state; and
1-11 4. Make recommendations to
the Legislature and to the Governor on
1-12 methods of eliminating and
preventing the employment practice of
1-13 establishing disparate
compensation based on differing genders, races or
1-14 national origins of
employees in this state.
1-15 Sec. 2. 1. Not later than 90 days
after July 1, 2001, the Governor
1-16 shall create an Equal Pay
Commission, consisting of 13 members,
1-17 appointed as follows:
1-18 (a) Nine members appointed by the Governor as follows:
1-19 (1) Two members who represent business interests in this state
and
1-20 who are appointed from a
list of persons nominated to serve on the
1-21 Commission by business
organizations and trade associations in this state;
1-22 (2) Two members who represent labor organizations who have been
1-23 nominated by state labor
federations;
1-24 (3) Two members from institutions of higher learning or research
1-25 organizations who have
experience and expertise in collecting and
2-1 analyzing data concerning
disparities in compensation and whose research
2-2 has already been used in
efforts to promote the elimination of those
2-3 disparities; and
2-4 (4) Three members who
represent organizations which:
2-5 (I) Are dedicated to eliminating disparity in compensation
based
2-6 on differing genders, races
or national origins of employees; and
2-7 (II) Have undertaken advocacy, educational or legislative
2-8 initiatives in pursuit of
that objective.
2-9 (b) One member appointed by the Speaker of the Assembly.
2-10 (c) One member appointed by the Minority Leader of the Assembly.
2-11 (d) One member appointed by the Majority Leader of the Senate.
2-12 (e) One member appointed by the Minority Leader of the Senate.
2-13 2. The
members of the Commission:
2-14 (a) Serve without compensation; and
2-15 (b) Are entitled to the per diem allowance and
travel expenses provided
2-16 for
state officers and employees generally while engaged in the business of
2-17 the
Commission.
2-18 3. The
Commission shall:
2-19 (a) Appoint a chairman from among its members;
and
2-20 (b) Meet at the times and places specified by
the call of the chairman.
2-21 4. As
used in this section, “state labor federation” means an
2-22 organization
which:
2-23 (a) Is chartered by a federation of national
or international employee
2-24 unions;
2-25 (b) Admits local employee unions to its
membership; and
2-26 (c) Exists primarily to carry on educational,
legislative and coordination
2-27 activities.
2-28 Sec. 3. 1. The Equal Pay
Commission shall conduct a complete
2-29 study of:
2-30 (a) The extent of disparities in compensation between women and men
2-31 and between minorities and
nonminorities who are employed in the same
2-32 position or similar
positions in:
2-33 (1) Employment with the state;
2-34 (2) Employment with local governments; and
2-35 (3) Private employment;
2-36 (b) The factors that cause or tend to cause the disparities
described in
2-37 subsection 1;
2-38 (c) The consequences of the disparities described in subsection 1,
2-39 including, without
limitation, the effect of such disparities on the economy
2-40 and on the families of the
persons who receive disparately low
2-41 compensation; and
2-42 (d) Actions, including, without limitation, proposed legislation,
that are
2-43 likely to lead to
elimination and prevention of such disparities.
2-44 2. The Commission shall,
not later than 18 months after its members
2-45 are appointed, submit a
report to the Legislature. The report must:
2-46 (a) Include the results of its study;
2-47 (b) Compare disparities found in state employment with disparities
2-48 found in private employment;
3-1 (c) Compare disparities found in state employment with disparities
3-2 found in employment with
local governments; and
3-3 (d) Provide recommendations for actions that would promote the
3-4 elimination and prevention
of disparate compensation based on differing
3-5 genders, races or national
origins of employees in this state, including,
3-6 without limitation,
recommendations for legislation.
3-7 3. After reviewing the
report submitted pursuant to subsection 2, the
3-8 Legislature will transmit
the report to the Governor.
3-9 Sec. 4. This Act becomes effective on July 1, 2001, and expires by
3-10 limitation on July 1, 2003.
3-11 H