House bill protects asking about coworkers’ pay

If House Bill 1530 becomes law, employees could ask each other about wages without fear of punishment from their employer.

The measure was conceived to promote gender equality in the workplace and help close the wage gap, which in Oklahoma is 27 cents on the dollar. Author state Rep. Jason Dunnington, D-Oklahoma City, acknowledged there is a misconception that laws encouraging equal pay, including those that strengthen punishments for pay discrimination, is detrimental to an employer.

“Businesses get the benefit of having very happy employees,” said Dunnington, adding that employees want companies that stand up for them.

His bill also doubles the fines levied for violation of the law to a maximum of $200, and it gives the Oklahoma Labor Department commissioner the ability to order repayment of an employee’s back pay. Fines also would be handled administratively through the agency, rather than through the court system.

Violations would occur when there is a difference in pay based on gender, unless the difference can be explained bydifferences in seniority, merit, productivity, location, education or travel requirements. A victim must seek justice within two years.

Several members of the House questioned the bill, with some suggesting it could violate a business owner’s due process of having a court hearing. State Rep. Chad Caldwell, R-Enid, suggested that there could be other reasons besides discrimination that Oklahoma women could be making 27 percent less than men. Dunnington said there are other reasons, but stressed that discrimination does play a role.

Despite the opposition, however, the measure narrowly passed by a 52-40 vote.

Dunnington said his bill has gained 27 co-authors, including every woman serving in the Oklahoma House. The bill, which was first introduced a year ago but languished in committee, now goes on to the Senate for final passage.

“If we’re going to talk about personal responsibility, giving people the tools they need to pull themselves up, this is the way to do it,” he said.

Oklahoma is one of the 32 states and the District of Columbia that have no protections for employees who discuss wages with others, according to the American Association of University Women.