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An Act To Ensure Pay Transparency and To Reduce Gender and Racial Wage Inequities
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §4577  is enacted to read:
§ 4577. Annual report of wage disparities
 
1.  Definitions.     As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A.  "EEO-1 report" means the federal Equal Employment Opportunity Commission's Employer Information Report or a successor report.
 
B.  "EEO-3 report" means the federal Equal Employment Opportunity Commission's Local Union Report or a successor report.
 
C.  "EEO-4 report" means the federal Equal Employment Opportunity Commission's State and Local Government Report or a successor report.
 
D.  "EEO-5 report" means the federal Equal Employment Opportunity Commission's Elementary-Secondary Staff Information Report or a successor report.
 
E.  "EEO reports" means the EEO-1 report, EEO-3 report, EEO-4 report and EEO-5 report.
 
F.  "Employees" means all employees for whom information is required to be reported in EEO reports.
 
G.  "Gender, race and ethnicity" means gender, race and ethnicity identifications required to be reported in EEO reports.
 
H.  "Job category" means the job categories required to be reported in EEO reports.
 
2.  Wage data report.     By March 31, 2020 and by March 31st each year thereafter, an entity required to file an EEO-1 report, EEO-3 report, EEO-4 report or EEO-5 report with the federal Equal Employment Opportunity Commission shall submit a wage data report to the Maine Human Rights Commission, which must include for the entity:
 
A.  The number of employees in each job category by gender, race and ethnicity;
 
B.  The aggregate number of male employees and the aggregate number of female employees;
 
C.  The aggregate number of white, non-Hispanic employees and the aggregate number of all other employees;
 
D.  The median wage of employees in each job category by gender, race and ethnicity;
 
E.  The median wage of employees in the groups described in paragraphs B and C;
 
F.  The percentage difference between the median wage of employees in each job category between white male employees and employees in other gender, racial and ethnic groups; and
 
G.  The percentage difference between the median wage of employees in the groups described in paragraphs B and C.
 
Wage data included in the report must be based on a single pay period from October, November or December immediately preceding the reporting deadline. Wage data must be reported on an hourly basis. For salaried employees, hourly wages may be calculated by dividing annual wages by 2,080. For all other employees, hourly wages must be calculated based on actual hours worked and wages received during the pay period. For the purposes of this subsection, wages include base pay, tips and incentive-based pay such as commissions. Wages do not include overtime pay.
 
3.  Availability of reports; redaction of certain data.     By June 30th of each year, the commission shall post wage data reports filed that year pursuant to this section on the commission's publicly accessible website, except that when the number of employees within a gender, ethnic or racial group is less than 5, data in the wage data report for that group must be redacted.
 
4.  Retention of reports.     The commission shall retain the original, or exact copies of, wage data reports filed under this section for at least 10 years.
 
5.  Use of reports in employment discrimination claims.     The commission may use wage data reports filed under this section in the commission's adjudication of employment discrimination claims.
 
SUMMARY
This bill requires certain employers, including, but not limited to, state agencies, to annually submit wage data reports regarding employee gender, race and ethnicity to the Maine Human Rights Commission.