South Carolina General Assembly120th Session, 2013-2014

H. 4960

STATUS INFORMATION

General BillSponsors: Reps. Long, Erickson, Funderburk, Munnerlyn, Douglas, McCoy, George, Williams, W.J. McLeod, Branham, R.L. Brown, Robinson-Simpson, Spires, Gilliard, Allison, Dillard, Felder, Hardee, Hayes, Henderson, Hodges, Norrell, J.E. Smith, Taylor and WeeksDocument Path: l:\council\bills\agm\18190ab14.docx

Introduced in the House on March 25, 2014Currently residing in the House Committee on Judiciary

Summary: Compensation

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number 3/25/2014 House Introduced and read first time (House Journal - page 14 )3/25/2014 House Referred to Committee on Judiciary (House Journal - page 14 )

VERSIONS OF THIS BILL

3/25/2014

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A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-165 SO AS TO PROVIDE THAT IT IS NOT AN UNLAWFUL PRACTICE FOR STATE AGENCIES OR POLITICAL SUBDIVISIONS OF THE STATE TO APPLY DIFFERENT STANDARDS OF COMPENSATION OR DIFFERENT TERMS, CONDITIONS, OR PRIVILEGES OF EMPLOYMENT PURSUANT TO A BONA FIDE SENIORITY OR MERIT SYSTEM, OR A SYSTEM WHICH MEASURES EARNINGS BY QUANTITY OR QUALITY OF PRODUCTION, OR TO EMPLOYEES WHO WORK IN DIFFERENT LOCATIONS, PROVIDED THAT THE DIFFERENCES ARE NOT THE RESULT OF AN INTENTION TO DISCRIMINATE BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, DISABILITY, OR AGE; AND TO PROVIDE THAT IT IS NOT AN UNLAWFUL PRACTICE FOR A STATE AGENCY OR POLITICAL SUBDIVISION OF THE STATE TO GIVE AND TO ACT UPON THE RESULTS OF A PROFESSIONALLY DEVELOPED ABILITY TEST, PROVIDED THAT THE TEST, ITS ADMINISTRATION, OR ACTION UPON THE RESULTS OF THE TEST ARE NOT DESIGNED, INTENDED, OR USED TO DISCRIMINATE BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, DISABILITY, OR AGE; AND BY ADDING SECTION 41-1-25 SO AS TO PROVIDE THAT IT IS NOT AN UNLAWFUL PRACTICE FOR AN EMPLOYER TO APPLY DIFFERENT STANDARDS OF COMPENSATION OR DIFFERENT TERMS, CONDITIONS, OR PRIVILEGES OF EMPLOYMENT PURSUANT TO A BONA FIDE SENIORITY OR MERIT SYSTEM, OR A SYSTEM WHICH MEASURES EARNINGS BY QUANTITY OR QUALITY OF PRODUCTION, OR TO EMPLOYEES WHO WORK IN DIFFERENT LOCATIONS, PROVIDED THAT THE DIFFERENCES ARE

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NOT THE RESULT OF AN INTENTION TO DISCRIMINATE BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, DISABILITY, OR AGE; AND TO PROVIDE THAT IT IS NOT AN UNLAWFUL PRACTICE FOR AN EMPLOYER TO GIVE AND TO ACT UPON THE RESULTS OF A PROFESSIONALLY DEVELOPED ABILITY TEST, PROVIDED THAT THE TEST, ITS ADMINISTRATION, OR ACTION UPON THE RESULTS OF THE TEST ARE NOT DESIGNED, INTENDED, OR USED TO DISCRIMINATE BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, DISABILITY, OR AGE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 1, Title 8 of the 1976 Code is amended by adding:

“Section 8-1-165. (A) It is not an unlawful practice for a state agency or political subdivision of the state to apply different standards of compensation or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production, or to employees who work in different locations, provided that the differences are not the result of an intention to discriminate because of race, color, religion, national origin, sex, disability, or age.

(B) It is not an unlawful practice for a state agency to give and to act upon the results of a professionally developed ability test, provided that the test, its administration, or action upon the results of the test are not designed, intended, or used to discriminate because of race, color, religion, national origin, sex, disability, or age.”

SECTION 2. Chapter 1, Title 41 of the 1976 Code is amended by adding:

“Section 41-1-25. (A) It is not an unlawful practice for an employer to apply different standards of compensation or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production, or to employees who work in different locations, provided that the differences are not

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the result of an intention to discriminate because of race, color, religion, national origin, sex, disability, or age.

(B) It is not an unlawful practice for an employer to give and to act upon the results of a professionally developed ability test, provided that the test, its administration, or action upon the results of the test are not designed, intended, or used to discriminate because of race, color, religion, national origin, sex, disability, or age.”

SECTION 3. This act takes effect upon approval by the Governor.

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