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<section article="gle" article_name="Labor and Employment" number="3-309" title_number="3" title_name="Employment Standards and Conditions" subtitle_number="3" subtitle_name="Equal Pay for Equal Work">
  <level label="a">
    <text>In this section, “Commission” means the Equal Pay Commission.</text>
  </level>
  <level label="b">
    <text>There is an Equal Pay Commission in the Division of Labor and Industry.</text>
  </level>
  <level label="c">
    <text>The Commission consists of the following members:</text>
    <level label="1">
      <text>the Secretary of Labor, or the Secretary’s designee;</text>
    </level>
    <level label="2">
      <text>the Commissioner, or the Commissioner’s designee;</text>
    </level>
    <level label="3">
      <text>the Executive Director of the Commission on Civil Rights, or the Executive Director’s designee; and</text>
    </level>
    <level label="4">
      <text>the following members, appointed by the Governor:</text>
      <level label="i">
        <text>three representatives of business in the State who have been nominated by State business organizations and business trade associations;</text>
      </level>
      <level label="ii">
        <text>two representatives of labor organizations who have been nominated by labor federations;</text>
      </level>
      <level label="iii">
        <text>two representatives of organizations:</text>
        <level label="1">
          <text>whose objectives include the elimination of pay disparities between individuals of one sex or gender identity and minorities and nonminorities; and</text>
        </level>
        <level label="2">
          <text>who have undertaken advocacy, educational, or legislative initiatives in pursuit of those objectives; and</text>
        </level>
      </level>
      <level label="iv">
        <text>three representatives of higher education or research institutions:</text>
        <level label="1">
          <text>who have experience and expertise in the collection and analysis of data concerning pay disparities; and</text>
        </level>
        <level label="2">
          <text>whose research has been used in efforts to promote the elimination of those disparities.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="d">
    <text>To the extent practicable, the composition of the Commission shall reflect the race, gender, and geographic diversity of the population of the State.</text>
  </level>
  <level label="e">
    <level label="1">
      <text>The term of a member appointed by the Governor is 4 years.</text>
    </level>
    <level label="2">
      <text>The terms of the members are staggered as required by the terms provided for the members of the Commission on June 1, 2016.</text>
    </level>
    <level label="3">
      <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text>
    </level>
    <level label="4">
      <text>A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.</text>
    </level>
  </level>
  <level label="f">
    <text>The Governor shall designate the chair of the Commission.</text>
  </level>
  <level label="g">
    <text>A member of the Commission:</text>
    <level label="1">
      <text>may not receive compensation; but</text>
    </level>
    <level label="2">
      <text>is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.</text>
    </level>
  </level>
  <level label="h">
    <text>The Commission shall:</text>
    <level label="1">
      <text>continually evaluate the extent of wage disparities in the public and private sectors in the State between individuals of one race, sex, or gender identity and individuals of another race, sex, or gender identity, based on all available data;</text>
    </level>
    <level label="2">
      <text>establish a mechanism for the Commissioner to collect data from employers in the State to assist the Commission in its efforts to evaluate the disparities listed in item (1) of this subsection;</text>
    </level>
    <level label="3">
      <text>develop a comprehensive strategy to determine and recommend best practices regarding equal pay for equal work to individuals, employers, and policymakers;</text>
    </level>
    <level label="4">
      <text>study and make recommendations regarding whether and to what extent administrative and legal processes and remedies can be streamlined and harmonized across this subtitle and other employment antidiscrimination laws;</text>
    </level>
    <level label="5">
      <text>develop partnerships with private sector entities and other public sector entities to identify:</text>
      <level label="i">
        <text>methods of developing a data collection mechanism;</text>
      </level>
      <level label="ii">
        <text>effective methods of outreach through which the Commission may raise the awareness of employers about the provisions of this subtitle; and</text>
      </level>
      <level label="iii">
        <text>potential funding sources to help the Division of Labor and Industry absorb costs associated with staffing the Commission and implementing the Commission’s charge; and</text>
      </level>
    </level>
    <level label="6">
      <text>share data and findings with the Commissioner to assist in enforcement actions under this subtitle.</text>
    </level>
  </level>
  <level label="i">
    <text>On or before December 15, 2017, and on or before December 15 of each year thereafter, the Commission shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Finance Committee and the House Economic Matters Committee regarding any findings and recommendations, including any recommended legislation.</text>
  </level>
</section>
