On the recordMarch 27, 2019
This bill clarifies that the ``factor other than sex'' is only available on a bona fide job-related and business necessary reason. It clarifies that this defense is not available where the employee demonstrates that a reasonable alternative employment practice would serve the same business purpose without producing a pay disparity and that the employer refused to adopt such an alternative practice. Carefully consider those words. This is a burden-shifting provision that would simply allow an employee to show a reasonable alternative. It adds nothing to an employer's existing burden. It only allows an employee to rebut that defense with evidence. Mr. Chairman, I reserve the balance of my time.
