Oregon 2017 Regular Session Status: Enacted Bipartisan · 12 D · 1 R cosponsors

HB 2005 — Relating to pay equity; and prescribing an effective date.

Last action — Chapter 197, (2017 Laws): Effective date October 6, 2017.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 06, 2017. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · high confidence
  • Enacted

    Current position in the legislative process.

  • 49 sponsors

    8 primary, 41 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (12 D · 1 R) — cross-party backing.

  • Mixed recorded votes

    5 passed, 1 failed in recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Provides definitions relating to comparable work for purposes of pay equity provisions. Makes unlawful employment practice to discriminate in payment of wages against employee on basis of protected class. Makes unlawful employment practice to screen job applicants based on salary history, to base salary decision on salary history, other than for internal hires, and to seek salary history information from applicant for employment other than after making offer of employment <b>to employee that includes amount of compensation</b>. Allows employer to pay employees for work of comparable character at different compensation levels only if entire compensation differential is based on bona fide factor related to position in question and based on certain criteria. Extends time limitation to bring certain pay equity claims by making each subsequent payroll action that is based on underlying pay equity violation actionable. Extends tort claim notice requirement from 180 days to 300 days for public employee to give notice of certain pay equity violations. Adds additional remedies for pay equity and wage-related violations that include right to jury trial and right to compensatory and punitive damages. Allows employee who files complaint alleging pay equity violation with Bureau of Labor and Industries and prevails to recover back pay for up to two years plus duration of time spent in complaint process. Permits employer to file motion to disallow award of compensatory or punitive damages. Provides that court shall grant motion if employer demonstrates that employer has completed equal-pay analysis that meets certain criteria, eliminated wage differentials for plaintiff and made reasonable and substantial progress toward eliminating wage differentials for other employees in same protected class asserted by plaintiff. Provides that, if court grants motion, court may award back pay only for two-year period immediately preceding filing of action and allow prevailing plaintiff costs and attorney fees but may not award damages. Becomes operative on January 1, 2019. Makes violation for seeking salary history from prospective or current employee prior to offer of employment subject to compensatory and punitive damages beginning on January 1, 2024. Takes effect on 91st day following adjournment sine die.

Bill Text

We don't have the full text on file for this bill yet.

Read HB 2005 on the official Oregon source →

Action History

  1. Chapter 197, (2017 Laws): Effective date October 6, 2017.

  2. Governor signed.

  3. President signed.

  4. Speaker signed.

  5. Vote explanation(s) filed by Barreto, Hack.

  6. House concurred in Senate amendments and repassed bill.

  7. Vote explanation filed by Thomsen.

  8. Third reading. Carried by Taylor, Knopp. Passed.

  9. Made a Special Order of Business by voice vote.

  10. Second reading.

  11. Recommendation: Do pass with amendments to the A-Eng. bill. (Printed B-Eng.)

  12. Work Session held.

  13. Informational Meeting scheduled.

  14. Public Hearing held.

  15. Referred to Workforce.

  16. First reading. Referred to President's desk.

  17. Vote explanation(s) filed by Alonso Leon, Barnhart, Bynum, Doherty, Evans, Fahey, Gomberg, Gorsek, Helm, Holvey, Keny-Guyer, Malstrom, Marsh, McKeown, McLain, Meek, Nathanson, Piluso, Rayfield, Sanchez, Sollman, Williamson.

  18. Third reading. Carried by Lininger. Passed.

  19. Motion to substitute Minority Report for Committee Report failed.

  20. Second reading.

  21. Minority Recommendation: Do pass with amendments and be printed A-Engrossed.

  22. Recommendation: Do pass with amendments and be printed A-Engrossed.

  23. Work Session held.

  24. Public Hearing held.

  25. Public Hearing held.

  26. Referred to Business and Labor.

  27. First reading. Referred to Speaker's desk.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

8 sponsors · 41 co-sponsors · 41 not signed on · 34 voted No

Sponsors (8)

Not signed on (41)

41 members have not signed on to this bill.

Show all 41 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 58 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 39002
Democrat 14000
Republican 5000
Total 58002
% of votes cast 97%0%0%3%
How each member voted (60)
Member Party Vote
John Huffman — Yea
A. Richard Vial — Yea
Alissa Keny-Guyer — Yea
Andy Olson — Yea
Ann Lininger — Yea
Barbara Smith Warner — Yea
Bill Kennemer — Yea
Bill Post — Yea
Brad Witt — Yea
Brian Clem — Yea
Caddy McKeown — Not Voting
Carl Wilson — Yea
Carla Piluso — Yea
Cliff Bentz — Yea
Dallas Heard — Yea
Dan Rayfield — Yea
Deborah Boone — Not Voting
Diego Hernandez — Yea
Duane Stark — Yea
Gene Whisnant — Yea
Greg Barreto — Yea
Janelle Bynum — Yea
Jeff Barker — Yea
Jeff Reardon — Yea
Jennifer Williamson — Yea
Jodi Hack — Yea
Julie Parrish — Yea
Karin Power — Yea
Knute Buehler — Yea
Margaret Doherty — Yea
Mark Johnson — Yea
Mike Nearman — Yea
Mitch Greenlick — Yea
Paul Holvey — Yea
Phil Barnhart — Yea
Ron Noble — Yea
Sal Esquivel — Yea
Sheri Malstrom — Yea
Sherrie Sprenger — Yea
Teresa Alonso Leon — Yea
Tina Kotek — Yea
Chris Gorsek Democrat Yea
David Gomberg Democrat Yea
Janeen Sollman Democrat Yea
John Lively Democrat Yea
Julie Fahey Democrat Yea
Ken Helm Democrat Yea
Mark Meek Democrat Yea
Nancy Nathanson Democrat Yea
Pam Marsh Democrat Yea
Paul Evans Democrat Yea
Rob Nosse Democrat Yea
Sue Rieke Smith Democrat Yea
Susan McLain Democrat Yea
Tawna Sanchez Democrat Yea
Cedric Hayden Republican Yea
David Brock Smith Republican Yea
E. Werner Reschke Republican Yea
Mike McLane Republican Yea
Rick Lewis Republican Yea

Official roll call →

Passed 30 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 24000
Democrat 4000
Republican 2000
Total 30000
% of votes cast 100%0%0%0%
How each member voted (30)
Member Party Vote
Alan DeBoer — Yea
Alan Olsen — Yea
Arnie Roblan — Yea
Betsy Johnson — Yea
Bill Hansell — Yea
Brian Boquist — Yea
Chuck Riley — Yea
Chuck Thomsen — Yea
Dennis Linthicum — Yea
Elizabeth Steiner Hayward — Yea
Ginny Burdick — Yea
Herman Baertschiger Jr. — Yea
Jackie Winters — Yea
Jeff Kruse — Yea
Laurie Monnes Anderson — Yea
Lee Beyer — Yea
Mark Hass — Yea
Michael Dembrow — Yea
Peter Courtney — Yea
Richard Devlin — Yea
Rod Monroe — Yea
Sara Gelser — Yea
Ted Ferrioli — Yea
Tim Knopp — Yea
Floyd Prozanski Democrat Yea
James Manning Jr. Democrat Yea
Kathleen Taylor Democrat Yea
Lew Frederick Democrat Yea
Fred Girod Republican Yea
Kim Thatcher Republican Yea

Official roll call →

Failed 29 Yea · 31 Nay
Party YeaNayPresentNot Voting
Unaffiliated 231800
Democrat 11300
Republican 5000
Total 293100
% of votes cast 48%52%0%0%
How each member voted (60)
Member Party Vote
John Huffman — Yea
A. Richard Vial — Yea
Alissa Keny-Guyer — Nay
Andy Olson — Yea
Ann Lininger — Nay
Barbara Smith Warner — Nay
Bill Kennemer — Yea
Bill Post — Yea
Brad Witt — Yea
Brian Clem — Yea
Caddy McKeown — Nay
Carl Wilson — Yea
Carla Piluso — Nay
Cliff Bentz — Yea
Dallas Heard — Yea
Dan Rayfield — Nay
Deborah Boone — Yea
Diego Hernandez — Nay
Duane Stark — Yea
Gene Whisnant — Yea
Greg Barreto — Yea
Janelle Bynum — Nay
Jeff Barker — Nay
Jeff Reardon — Yea
Jennifer Williamson — Nay
Jodi Hack — Yea
Julie Parrish — Yea
Karin Power — Nay
Knute Buehler — Yea
Margaret Doherty — Nay
Mark Johnson — Yea
Mike Nearman — Yea
Mitch Greenlick — Nay
Paul Holvey — Nay
Phil Barnhart — Nay
Ron Noble — Yea
Sal Esquivel — Yea
Sheri Malstrom — Nay
Sherrie Sprenger — Yea
Teresa Alonso Leon — Nay
Tina Kotek — Nay
Chris Gorsek Democrat Nay
David Gomberg Democrat Nay
Janeen Sollman Democrat Nay
John Lively Democrat Nay
Julie Fahey Democrat Nay
Ken Helm Democrat Nay
Mark Meek Democrat Nay
Nancy Nathanson Democrat Nay
Pam Marsh Democrat Nay
Paul Evans Democrat Nay
Rob Nosse Democrat Nay
Sue Rieke Smith Democrat Yea
Susan McLain Democrat Nay
Tawna Sanchez Democrat Nay
Cedric Hayden Republican Yea
David Brock Smith Republican Yea
E. Werner Reschke Republican Yea
Mike McLane Republican Yea
Rick Lewis Republican Yea

Official roll call →

Passed 36 Yea · 24 Nay
Party YeaNayPresentNot Voting
Unaffiliated 231800
Republican 0500
Democrat 13100
Total 362400
% of votes cast 60%40%0%0%
How each member voted (60)
Member Party Vote
John Huffman — Nay
A. Richard Vial — Yea
Alissa Keny-Guyer — Yea
Andy Olson — Nay
Ann Lininger — Yea
Barbara Smith Warner — Yea
Bill Kennemer — Nay
Bill Post — Nay
Brad Witt — Yea
Brian Clem — Yea
Caddy McKeown — Yea
Carl Wilson — Nay
Carla Piluso — Yea
Cliff Bentz — Nay
Dallas Heard — Nay
Dan Rayfield — Yea
Deborah Boone — Yea
Diego Hernandez — Yea
Duane Stark — Nay
Gene Whisnant — Nay
Greg Barreto — Nay
Janelle Bynum — Yea
Jeff Barker — Yea
Jeff Reardon — Yea
Jennifer Williamson — Yea
Jodi Hack — Nay
Julie Parrish — Nay
Karin Power — Yea
Knute Buehler — Nay
Margaret Doherty — Yea
Mark Johnson — Nay
Mike Nearman — Nay
Mitch Greenlick — Yea
Paul Holvey — Yea
Phil Barnhart — Yea
Ron Noble — Nay
Sal Esquivel — Nay
Sheri Malstrom — Yea
Sherrie Sprenger — Nay
Teresa Alonso Leon — Yea
Tina Kotek — Yea
Chris Gorsek Democrat Yea
David Gomberg Democrat Yea
Janeen Sollman Democrat Yea
John Lively Democrat Yea
Julie Fahey Democrat Yea
Ken Helm Democrat Yea
Mark Meek Democrat Yea
Nancy Nathanson Democrat Yea
Pam Marsh Democrat Yea
Paul Evans Democrat Yea
Rob Nosse Democrat Yea
Sue Rieke Smith Democrat Nay
Susan McLain Democrat Yea
Tawna Sanchez Democrat Yea
Cedric Hayden Republican Nay
David Brock Smith Republican Nay
E. Werner Reschke Republican Nay
Mike McLane Republican Nay
Rick Lewis Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does HB 2005 do?
Provides definitions relating to comparable work for purposes of pay equity provisions. Makes unlawful employment practice to discriminate in payment of wages against employee on basis of protected class. Makes unlawful employment practice to screen job applicants based on salary history, to base salary decision on salary history, other than for internal hires, and to seek salary history information from applicant for employment other than after making offer of employment <b>to employee that includes amount of compensation</b>. Allows employer to pay employees for work of comparable character at different compensation levels only if entire compensation differential is based on bona fide factor related to position in question and based on certain criteria. Extends time limitation to bring certain pay equity claims by making each subsequent payroll action that is based on underlying pay equity violation actionable. Extends tort claim notice requirement from 180 days to 300 days for public employee to give notice of certain pay equity violations. Adds additional remedies for pay equity and wage-related violations that include right to jury trial and right to compensatory and punitive damages. Allows employee who files complaint alleging pay equity violation with Bureau of Labor and Industries and prevails to recover back pay for up to two years plus duration of time spent in complaint process. Permits employer to file motion to disallow award of compensatory or punitive damages. Provides that court shall grant motion if employer demonstrates that employer has completed equal-pay analysis that meets certain criteria, eliminated wage differentials for plaintiff and made reasonable and substantial progress toward eliminating wage differentials for other employees in same protected class asserted by plaintiff. Provides that, if court grants motion, court may award back pay only for two-year period immediately preceding filing of action and allow prevailing plaintiff costs and attorney fees but may not award damages. Becomes operative on January 1, 2019. Makes violation for seeking salary history from prospective or current employee prior to offer of employment subject to compensatory and punitive damages beginning on January 1, 2024. Takes effect on 91st day following adjournment sine die.
Who sponsors HB 2005?
HB 2005 is sponsored by Julie Fahey (Democrat), Mark Meek (Democrat), Lew Frederick (Democrat), James Manning Jr. (Democrat), Susan McLain (Democrat), Janeen Sollman (Democrat), Pam Marsh (Democrat), Kathleen Taylor (Democrat), John Lively (Democrat), Floyd Prozanski (Democrat), David Gomberg (Democrat), Fred Girod (Republican), Paul Evans (Democrat), Jackie Winters, Peter Courtney, Rod Monroe, Kim Thatcher, Alan Olsen, Jeff Kruse, Mark Hass, Bill Hansell, Dennis Linthicum, Arnie Roblan, Knute Buehler, Betsy Johnson, Carla Piluso, Barbara Smith Warner, Teresa Alonso Leon, Alissa Keny-Guyer, Elizabeth Steiner Hayward, Ann Lininger, Sara Gelser, Herman Baertschiger Jr., Laurie Monnes Anderson, Karin Power, Chuck Riley, Michael Dembrow, Jodi Hack, Janelle Bynum, Richard Devlin, Ginny Burdick, Diego Hernandez, Alan DeBoer, Ron Noble, Ted Ferrioli, Chuck Thomsen, Julie Parrish, Brian Boquist, and Tim Knopp.
What is the current status of HB 2005?
This bill has been enacted into law. Introduced February 06, 2017. Enacted.
Where can I track HB 2005?
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