An Act To Ensure Pay Transparency and To Reduce Gender and Racial Wage Inequities
Maine Legislature, Session 129, LD 0480
Committee: Labor and Housing
Sponsors: MIRAMANT, EVANGELOS, CARPENTER, DILL, GRATWICK, LIBBY, BEEBE-CENTER, MATLACK, RISEMAN, RYKERSON
Amends: 5 MRSA §4577

Legislative Document
No. 480
S.P. 145
In Senate, January 31, 2019
An Act To Ensure Pay Transparency and To Reduce Gender and 
Racial Wage Inequities
Reference to the Committee on Labor and Housing suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MIRAMANT of Knox.
Cosponsored by Representative EVANGELOS of Friendship and
Senators: CARPENTER of Aroostook, DILL of Penobscot, GRATWICK of Penobscot, 
LIBBY of Androscoggin, Representatives: BEEBE-CENTER of Rockland, MATLACK of St. 
George, RISEMAN of Harrison, RYKERSON of Kittery.
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.