SB412 SFA #1 Beach 2-26
Senator Beach moved to amend the bill on pages three and four, by striking out all of section nine-b and inserting in lieu thereof a new section, designated section nine-b, to read as follows:
§5-11-9b. The Katherine Johnson Fair Pay Act of 2019.
(a) This section may be cited as the Katherine Johnson Fair Pay Act of 2019, in honor of Katherine Coleman Johnson, an African-American mathematician born and educated in West Virginia, and later awarded the Presidential Medal of Freedom, America’s highest civilian honor.
(b) It is an unlawful discriminatory practice, unless based on a bona fide occupational qualification, or except where based on applicable security regulations established by the United States or the State of West Virginia or its agencies or political subdivisions, for any employer to:
(1) Require, as a condition of employment, that an employee refrains from disclosing, discussing, or sharing information about the amount of his or her wages, benefits or other compensation, or from inquiring, discussing, or sharing information with a co-worker about the employee’s or co-worker’s wages, benefits or other compensation;
(2) Require an employee to sign a waiver or other document that denies the employee the right to disclose the amount of his or her wages, benefits, or other compensation or to inquire about, discuss, or share information with a co-worker about the employee’s or co-worker’s wages, benefits or other compensation; or
(3) Inquire, or direct a third party to inquire, as to a job applicant’s wage and salary history from the applicant or a current or former employer. If an applicant voluntarily and without prompting discloses information about his or her compensation, the employer may seek to confirm that information after extending an offer of employment with compensation to that person.