SPONSOR:	Rep. Longhurst & Sen. Poore
	Reps. Baumbach, Bennett, Bolden, Briggs King, Gray, Heffernan, Hudson, Q. Johnson, Keeley, Kowalko, Lynn, Matthews, Miro, Mitchell, Osienski, Paradee, Potter, B. Short, M. Smith, K. Williams; Sen. Cloutier

HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY

HOUSE BILL NO. 3

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE PROCUREMENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend Section 6962, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§6962 Large public works contract procedures.

(d) Bid specifications and plans requirements. —

(7) Equality of employment opportunity and equal pay on public works.

a. As a condition of the awarding of any contract for public works financed in whole or in part by state appropriation, such contracts shall include the following provisions:

"During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, sexual orientation, gender identity or national origin. The contractor will take positive steps to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, sexual orientation, gender identity or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the contracting agency setting forth this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, sexual orientation, gender identity or national origin."

3. The contractor will ensure employees receive equal pay for equal work, without regard to sex. Employee pay differential is acceptable if pursuant to a seniority system, a merit system, or a system which measures earnings by quantity or quality of production."

b. The Secretary of the Department of Labor shall be responsible for the administration of this provision and shall adopt such rules and regulations and issue such orders as deemed necessary to achieve the purposes thereof; provided, that no requirement established hereby shall be in conflict with §6904 of this title.

SYNOPSIS

This bill requires that employers receiving contracts from the State shall certify in that contract that, in addition to already mandated fair business practices, the contractor shall ensure that its employees receive equal pay for equal work without regard to sex. The language permits pay differentials when they are based on a seniority system, merit system, or where pay is based on production factors.