House Bill 1151

AN ACT TO CREATE THE "FAMILY FORWARD ACT"; TO PROVIDE THAT THE LEGISLATURE DISCOURAGES WAGE DISCRIMINATION BECAUSE SUCH DISCRIMINATION HARMS FAMILIES AND NEGATIVELY AFFECTS THE CHILDREN OF FAMILIES THAT SUFFER WAGE DISCRIMINATION; 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 "Family Forward Act."

SECTION 2. The Mississippi Legislature finds the following:

(a) The Supreme Court decision in Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007), significantly impairs statutory protections against discrimination in compensation that Congress established in 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, and that have been bedrock principles of American law for decades. The Ledbetter decision undermines those statutory protections by unduly restricting the time period in which victims of discrimination can challenge and recover for discriminatory compensation decisions or other practices, contrary to the intent of Congress.

(b) The limitation imposed by the court on the filing of discriminatory compensation claims ignores the reality of wage discrimination and is at odds with the robust application of the civil rights laws that Congress intended.

(c) With regard to any charge of discrimination under any law, nothing in this act is intended to preclude or limit an aggrieved person's right to introduce evidence of an unlawful employment practice that has occurred outside the time for filing a charge of discrimination.

(d) Nothing in this act is intended to change current law treatment of when pension distributions are considered paid.

(e) The financial stability of families require that neither women nor men should suffer wage discrimination.

(f) We recognize the importance of taking the necessary measures to prohibit and discourage wage discrimination because more households are lead by women as single parents, who control the financial well-being of their families, which affects the health and well-being of the children of those families.

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.