House Bill 9

AN ACT TO CREATE THE "EVELYN GANDY FAIR PAY ACT"; TO PROVIDE THAT THE LEGISLATURE DISCOURAGES WAGE DISCRIMINATION AGAINST WOMEN; TO CLARIFY WHEN AN UNLAWFUL EMPLOYMENT PRACTICE OCCURS; TO CLARIFY THE REMEDIES FOR SUCH DISCRIMINATION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known as the "Evelyn Gandy Fair Pay Act."

SECTION 2. The Mississippi Legislature finds that Edythe Evelyn Gandy was the first female elected to a statewide office as State Treasurer, she was the first female Insurance Commissioner, and the first female Lieutenant Governor. Her election as the first female Lieutenant Governor was groundbreaking because she was the first woman in the United States to hold such a seat in state government. In each office to which she was elected, she was paid the same as any male predecessor. Her achievements are evidence that women are just as competent and effective as men.

We recognize the importance of taking the necessary measures to prohibit wage discrimination against women, because we believe it is fair that women be paid the same amount that a man in the same job position would be paid for the same work.

SECTION 3. (1) An unlawful employment practice occurs, with respect to discrimination in compensation in violation of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973, when a discriminatory compensation decision or other practice is adopted, when an individual becomes subject to a discriminatory compensation decision or other practice, or when an individual is affected by application of a discriminatory compensation 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.

(2) In addition to any other relief authorized by state or federal law and notwithstanding any provision of state law to the contrary, liability may accrue and an aggrieved person may obtain relief as provided by law, including recovery of back pay for up to two (2) years preceding the filing of the charge, where the unlawful employment practices that have occurred during the charge filing period are similar or related to unlawful employment practices with regard to discrimination in compensation that occurred outside the time for filing a charge.

SECTION 4. This act shall take effect and be in force from and after its passage.