MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary, Division A
By: Senator(s) Blackmon
AN ACT TO ENACT THE MISSISSIPPI EQUAL PAY FOR EQUAL WORK REFORM ACT; TO AMEND SECTION 71-17-3, MISSISSIPPI CODE OF 1972, TO DEFINE NEW TERMS; TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY TO DETERMINE PROTECTED CHARACTERISTICS; TO AMEND SECTION 71-17-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO EMPLOYER MAY PAY AN EMPLOYEE A WAGE AT A RATE LESS THAN THE RATE AT WHICH AN EMPLOYEE WHO DOES NOT HAVE A PROTECTED CHARACTERISTIC IN THE SAME ESTABLISHMENT IS PAID FOR EQUAL WORK ON A JOB, THE PERFORMANCE OF WHICH REQUIRES EQUAL SKILL, EDUCATION, EFFORT AND RESPONSIBILITY, AND WHICH IS PERFORMED UNDER SIMILAR WORKING CONDITIONS EXCEPT UNDER CERTAIN CIRCUMSTANCES; TO AUTHORIZE THE RECOVERY OF PUNITIVE DAMAGES IN CIVIL ACTIONS BY EMPLOYEES; TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY TO FILE SUIT TO ENFORCE THIS CHAPTER; TO PROHIBIT EMPLOYERS FROM RETALIATING AGAINST ANY EMPLOYEE FOR DISCUSSING OR DISCLOSING HIS OR HER WAGES FOR THE PURPOSE OF IDENTIFYING WAGE DISPARITIES; TO REQUIRE THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY TO ENFORCE CHAPTER 17 OF TITLE 71; TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY TO INVESTIGATE CLAIMS AND MEDIATE CLAIMS BETWEEN AN EMPLOYER AND AN EMPLOYEE TO DIRECT CODIFICATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mississippi Equal Pay for Equal Work Reform Act."
SECTION 2. Section 71-17-3, Mississippi Code of 1972, is amended as follows:
71-17-3. For the purposes of this chapter, the following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:
(a) "Employee" means any individual who is employed to work forty (40) or more hours a week and who is employed by an employer, including individuals employed by the state or any of its political subdivisions or instrumentalities of subdivisions.
(b) "Employer" means any person who employs five (5) or more employees.
(c) "Wage" means and includes all compensation paid by an employer or his or her agent for the performance of service by an employee, including the cash value of all compensation paid in any medium other than cash.
(d) "Rate" with reference to wages means the basis of compensation for services by an employee for an employer and includes compensation based on time spent in the performance of such services, on the number of operations accomplished, or on the quality produced or handled.
(e) "Unpaid wages" means the difference between the wages actually paid to an employee and the wages required to be paid to an employee as provided in this chapter.
(f) "Skill" means and shall be measured by factors such as experience, ability, education and training that are required to perform a job.
(g) "Effort" means the amount of physical or mental exertion needed to perform a job.
(h) "Responsibility" means the degree of accountability required to perform the job.
(i) "Working Conditions" means and includes the following two (2) factors:
(i) The physical surroundings of a job including, but not limited to, temperature, fumes and ventilation; and
(ii) The hazards of the job.
(j) "Protected characteristic" means sex, race or any other characteristic determined to be protected by the executive director.
(k) "Department" has the meaning assigned under Section 71–5–11.
(l) "Executive director" has the meaning assigned under Section 71–5–11.
SECTION 3. Section 71-17-5, Mississippi Code of 1972, is amended as follows:
71-17-5. (1) No employer
may pay an employee a wage at a rate less than the rate at which an employee * * *
who does not have a protected characteristic in the same establishment
is paid for equal work on a job, the performance of which requires equal skill,
education, effort and responsibility, and which is performed under similar
working conditions, except where payment is made pursuant to differential based
on:
(a) A seniority system;
(b) A merit system;
(c) A system which measures earnings by quantity or quality of production; or
(d) Any other factor
other than * * * a protected characteristic.
"Any other factor other than * * * a
protected characteristic" shall include, but not be limited to, the
following factors:
(i) The salary
history or continuity of employment history demonstrated by the employee as
compared to employees * * * without
protected characteristics in the same establishment;
(ii) The extent to
which there was competition with other employers for the employee's services as
compared to employees * * * without
protected characteristics in the same establishment; and
(iii) The extent
to which the employee attempted to negotiate for higher wages as compared to
employees * * * without protected
characteristics in the same establishment.
(2) (a) The provisions of this chapter may be enforced by private action in a civil suit in the circuit court in the county in Mississippi where the cause of action occurred pursuant to the Mississippi Rules of Civil Procedure. An employee may not file a private action where the employee elected to mediate his or her claim under Section 4(2) of this act.
(b) If an employer is found to have violated the provisions of subsection (1) of this section, the employee shall be awarded reasonable attorney's fees, prejudgment interest, back pay, punitive damages and costs of the action.
(3) This chapter may be enforced by suit filed by the department in the circuit court in the county in Mississippi where the cause of action occurred pursuant to the Mississippi Rules of Civil Procedure. If the department files suit against an employer, the department shall file a motion to consolidate any other pending suits against the employer under the authority of the chapter. Subject to the discretion of the court, there shall be a presumption in favor of consolidation of the actions.
( * * *4) An employer who is paying a wage
differential in violation of this chapter shall not, in order to comply with
this chapter, reduce the wage rate of any employee.
( * * *5) No employer may discharge,
discriminate or in any way retaliate against any employee by reason of any
action taken by the employee to invoke or assist in any manner the enforcement
of this chapter.
(6) No employer may discharge, discriminate or in any way retaliate against any employee for discussing or disclosing his or her wages for the purpose of identifying wage disparities.
SECTION 4. (1) The department shall enforce the provisions of this chapter
(2) The department may investigate claims of discrimination.
(3) Upon agreement by the parties, the department may mediate a claim of discrimination between an employee and employer.
(4) (a) The right to appeal from the decision of the department in an administrative hearing authorized pursuant to this section is hereby granted. Such appeal shall be to the Circuit Court of Hinds County and shall include a verbatim transcript of the testimony at the hearing. The appeal shall be taken within thirty (30) calendar days after notice of the decision of the commission following an administrative hearing. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of the preparation of the record of the proceedings by the commission.
(b) If there is an appeal, such appeal shall act as a supersedeas. The court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may be tried in vacation, in the court's discretion. The scope of review of the court shall be limited to a review of the record made before the commission to determine if the action of the commission is unlawful for the reason that it was (i) not supported by substantial evidence, (ii) arbitrary or capricious, (iii) beyond the power of the commission to make, or (iv) in violation of some statutory or constitutional right of the appellant. The decision of the court may be appealed to the Supreme Court in the manner provided by law.
SECTION 5. Section 4 of this act shall be codified within Chapter 17, Title 71, Mississippi Code of 1972.
SECTION 6. This act shall take effect and be in force from and after July 1, 2026.