216.6A - ADDITIONAL UNFAIR OR DISCRIMINATORY PRACTICE -- WAGE DISCRIMINATION IN EMPLOYMENT.
216.6A ADDITIONAL UNFAIR OR DISCRIMINATORY PRACTICE
-- WAGE DISCRIMINATION IN EMPLOYMENT.
1. a. The general assembly finds that the practice of
discriminating against any employee because of the age, race, creed,
color, sex, sexual orientation, gender identity, national origin,
religion, or disability of such employee by paying wages to such
employee at a rate less than the rate paid to other employees does
all of the following:
(1) Unjustly discriminates against the person receiving the
lesser rate.
(2) Leads to low employee morale, high turnover, and frequent
labor unrest.
(3) Discourages employees paid at lesser wage rates from training
for higher level jobs.
(4) Curtails employment opportunities, decreases employees'
mobility, and increases labor costs.
(5) Impairs purchasing power and threatens the maintenance of an
adequate standard of living by such employees and their families.
(6) Prevents optimum utilization of the state's available labor
resources.
(7) Threatens the well-being of citizens of this state and
adversely affects the general welfare.
b. The general assembly declares that it is the policy of
this state to correct and, as rapidly as possible, to eliminate,
discriminatory wage practices based on age, race, creed, color, sex,
sexual orientation, gender identity, national origin, religion, and
disability.
2. a. It shall be an unfair or discriminatory practice for
any employer or agent of any employer to discriminate against any
employee because of the age, race, creed, color, sex, sexual
orientation, gender identity, national origin, religion, or
disability of such employee by paying wages to such employee at a
rate less than the rate paid to other employees who are employed
within the same establishment for equal work on jobs, the performance
of which requires equal skill, effort, and responsibility, and which
are performed under similar working conditions. An employer or agent
of an employer who is paying wages to an employee at a rate less than
the rate paid to other employees in violation of this section shall
not remedy the violation by reducing the wage rate of any employee.
b. For purposes of this subsection, an unfair or
discriminatory practice occurs when a discriminatory pay decision or
other practice is adopted, when an individual becomes subject to a
discriminatory pay decision or other practice, or when an individual
is affected by application of a discriminatory pay decision or other
practice, including each time wages, benefits, or other compensation
is paid, resulting in whole or in part from such a decision or other
practice.
3. It shall be an affirmative defense for a claim arising under
this section if any of the following applies:
a. Payment of wages is made pursuant to a seniority system.
b. Payment of wages is made pursuant to a merit system.
c. Payment of wages is made pursuant to a system which
measures earnings by quantity or quality of production.
d. Pay differential is based on any other factor other than
the age, race, creed, color, sex, sexual orientation, gender
identity, national origin, religion, or disability of such employee.
4. This section shall not apply to any employer who regularly
employs less than four individuals. For purposes of this subsection,
individuals who are members of the employer's family shall not be
counted as employees. Section History: Recent Form
2009 Acts, ch 96, §2
Referred to in § 216.2, 216.15