BISMARCK – A female lawmaker stood before an all-male committee Wednesday and pushed for a bill aimed at closing the reported wage gap between genders, but Republican legislators said they want more proof that a problem exists before taking action.
Rep. Kylie Oversen, D-Grand Forks, testified about three bills that would clarify the process for filing an equal pay claim, direct the state labor commissioner to ensure companies doing business with the state are complying with equal pay laws, and allow employees to discuss their pay without fear of retaliation.
North Dakota’s equal pay policy hasn’t been updated since the statute was enacted in 1965, and a “significant gap” exists between what men and women earn for equal work, Oversen told the House Industry, Business and Labor Committee.
“These discrepancies cannot be simply explained away by differentials in education, experience or performance,” she said.
The law school student referred to 2013 rankings by the National Women’s Law Center that showed full-time, year-round female workers in North Dakota made 70 percent of their male counterparts’ median earnings, compared with 78 percent nationally, for a rank of 47th among states based on U.S. Census data.
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As the prime sponsor of House Bill 1257, Oversen said it cleans up several sections of the equal pay statute, including clarifying that someone can bring a claim for relief either with the state labor commissioner or in district court.
Andy Peterson, president and CEO of the Greater North Dakota Chamber, said the organization supports equal pay between the sexes but opposes the bill because it would make litigation “the easiest possibility for any person upset with their compensation or some perceived grievance.”
“At the end of the day, the real winners are attorneys,” he said.
Specifically, the chamber opposes a section of the bill that states if an employee sues in district court and establishes a disparity in wages between a male employee and female employee doing comparable work, “the burden shifts to the employer to rebut this prima facie case.”
“This puts business owners and operators in a precarious situation,” Peterson said. “There are an infinite amount of reasons why two employees may be paid differently.”
He said the chamber would “most likely” support the bill if that provision was removed.
Representatives of the North Dakota Women’s Network, North Dakota AFL-CIO, AARP, North Dakota Human Rights Coalition and North Dakota United testified in favor of the bill.
If the measure passes, Labor Commissioner Troy Seibel said the department would need additional funds to carry out “resource intense” investigations of administrative complaints alleging violations of the state’s equal pay act. He said the existing laws are “pretty good” and sufficiently protect against unequal pay based on gender.
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Republican committee members said they support equal pay for men and women but want more background on the statistics showing a pay gap in North Dakota.
The committee’s chairman, Rep. George Keiser, R-Bismarck, who owns a printing company, appointed a subcommittee made up of Rep. Gary Sukut, R-Williston, Rep. Rick Becker, R-Bismarck, and Rep. Josh Boschee, D-Fargo, to define whether a pay gap exists and how the bill would address the problem.
“Let’s see if there is, in fact, a problem out there,” he said.
Committee members voted 11-4 along party lines to give a do-not-pass recommendation to House Bill 1293, which would require businesses with 40 or more employees to file an equal pay compliance statement with the labor commissioner before they could do business with the state.
House Bill 1294, which would prohibit employers from firing or disciplining employees for discussing their pay with another person, was held over for further discussion.
