Any party may submit the complaint and the Equal Pay Commissioner’s investigation report to an arbitrator. Referral of the matter to arbitration must be done no later than six weeks after receipt of the investigation report.
After hearing the parties, the arbitrator will make a decision. If the arbitrator determines that the right to equal pay for work of equal value has been violated, she or he may direct the employer to:
- (a) stop the violation;
- (b) not commit the same or a similar violation in the future;
- (c) make available to any employee any rights, opportunities or privileges that the employee was denied because of the violation;
- (d) compensate any employee for all or any pay lost up to three years prior to the date the complaint was made;
- (e) pay to any employee up to $10,000 as exemplary or punitive damages (in exceptional cases); or
- (f) take any other action to place an employee in the position they would have been in if the violation had never occurred.