Bill would promote equal pay, tighten discrimination laws

CARSON CITY — Republican Senate Majority Leader Michael Roberson earned praise and pledges of bipartisan cooperation Monday for his bill that would tighten Nevada’s employment discrimination laws and provide remedies to promote equal pay for equal work.

Senate Bill 167, dealing with Nevada’s Equal Rights Commission, implements the federal Lilly Ledbetter Fair Pay Act, extends time for a worker to bring complaints for employment discrimination and prohibits retaliation against workers for discussing pay with co-workers.

It also would authorize the commission to impose a civil penalty of up to $10,000 for an employment violation deemed “willful,” and aggrieved workers could receive up to two years of back pay.

Roberson said the measure not only addressed women’s pay issues but any kind of employment discrimination based on race, religion, sexual orientation, age or disability.

“I want to arrive at a bill to get great bipartisan support,” Roberson, R-Henderson, testified before the Senate Judiciary Committee.

Sen. Pat Spearman, D-North Las Vegas, is the prime sponsor of a competing bill, SB190, which also addresses equal pay for equal work. Spearman, who joined Roberson at the witness table, said she could support the Republican bill with amendments.

“The issue of equal pay for equal work is near and dear to my heart,” Spearman said.

“I would be happy to sign on to SB167 provided there are several amendments to the bill,” she said, to “give it more teeth.”

Spearman proposed a tiered system of penalties for willful violations — $10,000 for a first offense, $15,000 for a second and $25,000 for a third. She also proposed allowing compensatory damages and reasonable attorney fees and punitive damages for the most egregious cases.

“I believe they are critical for making these types of claims feasible for middle- and low-income women,” Spearman said.

But the Nevada Resort Association said the penalties were too steep and proposed a limit of $500.

Don Soderberg, director of the Nevada Department of Employment, Training and Rehabilitation, said the proposals for damages could complicate the process for employment discrimination resolution and lead to more drawn out litigation.

Soderberg said the process now is more administrative and seeks to promote resolution. Adding damages, he said, would create a more litigious atmosphere.

He suggested instead of damages the bill reference administrative penalties.

Spearman, however, took exception to that.

“People who have been wronged need to be made whole,” she said.

The concept of the bill also was supported by the Nevada Women’s Lobby, Progressive Leadership Alliance of Nevada, Planned Parenthood affiliates and others.

No action was taken on the bill.

Contact Sandra Chereb at schereb@reviewjournal.com or 775-687-3901. Find her on Twitter: @SandraChereb