Amends TCA Title 8; Title 12 and Title 50.

This bill prohibits persons and entities that employ 50 or more employees, including the state and its political subdivisions, from:<br /> <br /> (1) Relying on the wage or salary history of an applicant in determining whether to offer employment to the applicant or in determining the wages or salary for the applicant;<br /> <br /> (2) Orally or in writing seeking, requesting, or requiring the wage or salary history from an applicant or current employee as a condition to be interviewed, as a condition of continuing to be considered for an offer of employment, or as a condition of continued employment or promotion;<br /> <br /> (3) Orally or in writing seeking, requesting, or requiring the wage or salary history of an applicant or current employee from a current or former employer, current or former employee, or agent of the applicant or current employee's current or former employer. This bill specifies that an employer may confirm wage or salary history only if, at the time an offer of employment with compensation is made, the applicant or current employee responds to the offer by providing prior wage or salary information to support a wage or salary higher than offered by the employer;<br /> <br /> (4) Refusing to interview, hire, promote, or otherwise employ, or otherwise retaliating against, an applicant or current employee based upon prior wage or salary history;<br /> <br /> (5) Refusing to interview, hire, promote, or otherwise employ, or otherwise retaliating against, an applicant or current employee because the applicant or current employee did not provide wage or salary history; and<br /> <br /> (6) Refusing to interview, hire, promote, or otherwise employ, or otherwise retaliating against, an applicant or current or former employee because the applicant or current or former employee filed a complaint with the department alleging a violation of this bill.<br /> <br /> This bill specifies that it does not prevent an applicant or current employee from voluntarily, and without prompting, disclosing or verifying wage or salary history for any purpose, including, but not limited to, negotiating wages or salary.<br /> <br /> The department of labor and workforce development will enforce this bill. A violation of this bill will be a Class B misdemeanor, subject only to fine. In addition, an applicant or current or former employee aggrieved by a violation of this bill may bring a civil action for compensation for any damages sustained as a result of the violation. The court may award injunctive relief, as well as reasonable attorneys' fees, to a plaintiff who prevails in such a civil action.<br /> <br /> This bill specifies that it does not diminish the rights, privileges, or remedies of an applicant or current or former employee under any other law or rule, or under any collective bargaining agreement or employment contract entered into before July 1, 2021. However, if that agreement or contract is amended or renewed on or after July 1, 2021, then any provision in the agreement or contract that is contrary to this bill will be void. This bill further specifies that it does not supersede any federal law that requires the disclosure or verification of wage or salary history information.<br />