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REFERENCE TITLE: employers; employee
salary history; prohibitions |
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State of
Arizona House of
Representatives Fifty-fourth
Legislature Second Regular
Session 2020 |
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HB 2548 |
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Introduced by Representatives Longdon: Bolding, Cano, Chávez, Fernandez,
Friese, Hernandez D, Jermaine, Salman, Teller, Terán, Senators Alston, Steele |
AN ACT
amending title
23, chapter 2, article 1, Arizona Revised Statutes, by adding section 23-206;
relating to employment practices.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 23-206, to read:
23-206. Wage, salary and benefit history; civil penalty; civil action
A. An employer may not do any of the
following:
1. Screen a prospective employee
based on the prospective employee's previous wage or salary history, including
benefits or other compensation. For the
purposes of this paragraph, screening a prospective employee based on the
prospective employee's previous wage or salary history includes both of the
following:
(a) Requiring that
a prospective employee's previous wage or salary history, including benefits or
other compensation, satisfy minimum or maximum criteria.
(b) Requesting
or requiring as a condition of being interviewed, as a condition of continuing
to be considered for an offer of employment or as a condition of employment
that a prospective employee disclose previous wage or salary history, including
benefits or other compensation.
2. Seek the previous wage or salary
history, including benefits or other compensation, of any prospective employee
from any current or former employer of the prospective employee.
3. Check public records for a
prospective employee's previous wage history or salary history, including
benefits or other compensation.
4. Discharge or in any other manner
retaliate against any employee or prospective employee because the employee
either:
(a) Opposed or
is about to make a complaint relating to any act or practice that is prohibited
by this section.
(b) Testified
or is about to testify, assist or participate in any manner in an investigation
or proceeding relating to any act or practice that is prohibited by this
section.
B. Any person that violates this
section is subject to a civil penalty of $5,000 for a first offense and an additional
$1,000 for each subsequent offense, not to exceed $10,000.
C. Any person that violates this
section is liable to each employee or prospective employee who was the subject
of the violation for special damages not to exceed $10,000 plus attorney fees
and is subject to injunctive relief as may be appropriate.
D. An action to recover the damages described in subsection C of this section may be maintained against any employer in any court of competent jurisdiction by any one or more employees for and on behalf of the employee or employees and other employees similarly situated.