Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination.
Directs the Secretary to provide for certain studies, information, a national summit, guidelines, awards, and assistance for employer evaluations of job categories based on objective criteria.
Establishes the Alexis Herman National Award for Pay Equity in the Workplace.
Amends the Civil Rights Act of 1964 to require the EEOC to collect certain pay information.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 781 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 781
To amend the Fair Labor Standards Act of 1938 to provide more effective
remedies to victims of discrimination in the payment of wages on the
basis of sex, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 28, 2001
Ms. DeLauro (for herself, Mr. Abercrombie, Mr. Allen, Mr. Andrews, Mr.
Baca, Mr. Baldacci, Ms. Baldwin, Mr. Barcia, Mr. Barrett, Mr. Becerra,
Ms. Berkley, Mr. Berman, Mr. Blagojevich, Mr. Blumenauer, Mr. Bonior,
Mr. Borski, Mr. Boswell, Ms. Brown of Florida, Mr. Brown of Ohio, Mrs.
Capps, Mr. Capuano, Ms. Carson of Indiana, Mrs. Christensen, Mrs.
Clayton, Mr. Conyers, Mr. Costello, Mr. Coyne, Mr. Crowley, Mr.
Cummings, Mr. DeFazio, Mr. Delahunt, Mr. Deutsch, Mr. Dicks, Mr. Engel,
Ms. Eshoo, Mr. Evans, Mr. Farr of California, Mr. Filner, Mr. Frank,
Mr. Frost, Mr. Gephardt, Mr. Green of Texas, Mr. Gutierrez, Mr. Hall of
Texas, Mr. Hinchey, Mr. Holden, Mr. Holt, Mr. Hoyer, Mr. Inslee, Mr.
Jackson of Illinois, Ms. Jackson-Lee of Texas, Ms. Eddie Bernice
Johnson of Texas, Mrs. Jones of Ohio, Ms. Kaptur, Mr. Kennedy of Rhode
Island, Ms. Kilpatrick, Mr. Kleczka, Mr. Kucinich, Mr. Lantos, Mr.
Larson of Connecticut, Mr. Levin, Mrs. Lowey, Mrs. Maloney of New York,
Mr. Maloney of Connecticut, Mr. Matsui, Ms. McCarthy of Missouri, Mrs.
McCarthy of New York, Ms. McCollum, Mr. McDermott, Mr. McGovern, Mr.
McNulty, Mr. Meehan, Mrs. Meek of Florida, Ms. Millender-McDonald, Mr.
George Miller of California, Mrs. Mink of Hawaii, Mr. Moore, Mr. Moran
of Virginia, Ms. Norton, Mr. Obey, Mr. Pascrell, Mr. Pastor, Mr. Payne,
Ms. Pelosi, Mr. Pomeroy, Mr. Price of North Carolina, Mr. Reyes, Ms.
Rivers, Ms. Roybal-Allard, Mr. Rodriguez, Mr. Rush, Ms. Sanchez, Mr.
Sanders, Mr. Sandlin, Ms. Schakowsky, Mr. Serrano, Mr. Sherman, Mr.
Shows, Ms. Slaughter, Mr. Strickland, Mr. Stupak, Mrs. Tauscher, Mr.
Tierney, Mr. Towns, Mr. Udall of New Mexico, Ms. Waters, Mr. Watt of
North Carolina, Mr. Waxman, and Ms. Woolsey) introduced the following
bill; which was referred to the Committee on Education and the
Workforce
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to provide more effective
remedies to victims of discrimination in the payment of wages on the
basis of sex, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Paycheck Fairness
Act ''.
(b) Reference.--Whenever in this Act (other than in section 8) an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Fair Labor Standards Act
of 1938.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Women have entered the workforce in record numbers.
(2) Even in the 21st century, women earn significantly
lower pay than men for work on jobs that require equal skill,
effort, and responsibility and that are performed under similar
working conditions. These pay disparities exist in both the
private and governmental sectors. In many instances, the pay
disparities can only be due to continued intentional
discrimination or the lingering effects of past discrimination.
(3) The existence of such pay disparities--
(A) depresses the wages of working families who
rely on the wages of all members of the family to make
ends meet;
(B) prevents the optimum utilization of available
labor resources;
(C) has been spread and perpetuated, through
commerce and the channels and instrumentalities of
commerce, among the workers of the several States;
(D) burdens commerce and the free flow of goods in
commerce;
(E) constitutes an unfair method of competition in
commerce;
(F) leads to labor disputes burdening and
obstructing commerce and the free flow of goods in
commerce;
(G) interferes with the orderly and fair marketing
of goods in commerce; and
(H) in many instances, may deprive workers of equal
protection on the basis of sex in violation of the 5th
and 14th amendments to the United States Constitution.
(4)(A) Artificial barriers to the elimination of
discrimination in the payment of wages on the basis of sex
continue to exist even decades after the enactment of the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and the
Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.).
(B) Elimination of such barriers would have positive
effects, including--
(i) providing a solution to problems in the economy
created by unfair pay disparities;
(ii) substantially reducing the number of working
women earning unfairly low wages, thereby reducing the
dependence on public assistance; and
(iii) promoting stable families by enabling all
family members to earn a fair rate of pay;
(iv) remedying the effects of past discrimination
on the basis of sex and ensuring that in the future
workers are afforded equal protection on the basis of
sex; and
(v) in the private sector, ensuring equal
protection pursuant to Congress' power to enforce the
5th and 14th amendments to the United States
Constitution.
(5) With increased information about the provisions added
by the Equal Pay Act of 1963 (29 U.S.C. 206) and generalized
wage data, along with more effective remedies, women will be
better able to recognize and enforce their rights to equal pay
for work on jobs that require equal skill, effort, and
responsibility and that are performed under similar working
conditions.
(6) Certain employers have already made great strides in
eradicating unfair pay disparities in the workplace and their
achievements should be recognized.
SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS.
(a) Required Demonstration for Affirmative Defense.--Section
6(d)(1) (29 U.S.C. 206(d)(1)) is amended--
(1) by inserting ``(A)'' after ``(d)(1)''; and
(2) by striking ``(iv) a differential'' and all that
follows through the period and inserting the following: ``(iv)
a differential based on a bona fide factor other than sex, such
as education, training, or experience, except that this clause
shall apply only if--
``(I) the employer demonstrates that--
``(aa) such factor--
``(AA) is job-related with respect to the
position in question; or
``(BB) furthers a legitimate business
purpose, except that this item shall not apply
where the employee demonstrates that an
alternative employment practice exists that
would serve the same business purpose without
producing such differential and that the
employer has refused to adopt such alternative
practice; and
``(bb) such factor was actually applied and used
reasonably in light of the asserted justification; and
``(II) if the employer makes the demonstration described in
subclause (I), the employee fails to demonstrate that the
differential produced by the reliance of the employer on the
factor described in such subclause is the result of
discrimination on the basis of sex by the employer.
``(B) An employer that is not otherwise in compliance with this
paragraph may not reduce the wages of any employee in order to achieve
such compliance.''.
(b) Application of Provisions.--Section 6(d) (29 U.S.C. 206(d)) is
amended by adding at the end the following:
``(5) The provisions of this subsection shall apply to applicants
for employment if such applicants, upon employment by the employer
applied to, would be subject to any other subsection of this
section.''.
(c) Elimination of Establishment Requirement.--Section 6(d)(1) (29
U.S.C. 206(d)(1)) is amended--
(1) by striking ``, within any establishment in which such
employees are employed,''; and
(2) by striking ``such establishment'' each place it
appears.
(d) Nonretaliation Provision.--Section 15(a)(3) (29 U.S.C.
215(a)(3)) is amended--
(1) by striking ``employee'' the first place it appears and
inserting ``employee (or applicant for employment in the case
of an applicant described in section 6(d)(5))'';
(2) by inserting ``(or applicant)'' after ``employee'' the
second place it appears;
(3) by striking ``or has'' each place it appears and
inserting ``has''; and
(4) by inserting before the semicolon the following: ``,
has inquired about, discussed, or otherwise disclosed the wages
of the employee or another employee, or because the employee
(or applicant) has made a charge, testified, assisted, or
participated in any manner in an investigation, proceeding,
hearing, or action under section 6(d)''.
(e) Enhanced Penalties.--Section 16(b) (29 U.S.C. 216(b)) is
amended--
(1) by inserting after the first sentence the following:
``Any employer who violates section 6(d) shall additionally be
liable for such compensatory or punitive damages as may be
appropriate, except that the United States shall not be liable
for punitive damages.'';
(2) in the sentence beginning ``An action to'', by striking
``either of the preceding sentences'' and inserting ``any of
the preceding sentences of this subsection'';
(3) in the sentence beginning ``No employees shall'', by
striking ``No employees'' and inserting ``Except with respect
to class actions brought to enforce section 6(d), no
employee'';
(4) by inserting after the sentence referred to in
paragraph (3) the following: ``Notwithstanding any other
provision of Federal law, any action brought to enforce section
6(d) may be maintained as a class action as provided by the
Federal Rules of Civil Procedure.''; and
(5) in the sentence beginning ``The court in''--
(A) by striking ``in such action'' and inserting
``in any action brought to recover the liability
prescribed in any of the preceding sentences of this
subsection''; and
(B) by inserting before the period the following:
``, including expert fees''.
(f) Action by Secretary.--Section 16(c) (29 U.S.C. 216(c)) is
amended--
(1) in the first sentence--
(A) by inserting ``or, in the case of a violation
of section 6(d), additional compensatory or punitive
damages,'' before ``and the agreement''; and
(B) by inserting before the period the following:
``, or such compensatory or punitive damages, as
appropriate'';
(2) in the second sentence, by inserting before the period
the following: ``and, in the case of a violation of section
6(d), additional compensatory or punitive damages'';
(3) in the third sentence, by striking ``the first
sentence'' and inserting ``the first or second sentence''; and
(4) in the last sentence--
(A) by striking ``commenced in the case'' and
inserting ``commenced--
``(1) in the case'';
(B) by striking the period and inserting ``: or'';
and
(C) by adding at the end the following:
``(2) in the case of a class action brought to enforce
section 6(d), on the date on which the individual becomes a
party plaintiff to the class action.''.
SEC. 4. TRAINING.
The Equal Employment Opportunity Commission and the Office of
Federal Contract Compliance Programs, subject to the availability of
funds appropriated under section 9(b), shall provide training to
Commission employees and affected individuals and entities on matters
involving discrimination in the payment of wages.
SEC. 5. RESEARCH, EDUCATION, AND OUTREACH.
The Secretary of Labor shall conduct studies and provide
information to employers, labor organizations, and the general public
concerning the means available to eliminate pay disparities between men
and women, including--
(1) conducting and promoting research to develop the means
to correct expeditiously the conditions leading to the pay
disparities;
(2) publishing and otherwise making available to employers,
labor organizations, professional associations, educational
institutions, the media, and the general public the findings
resulting from studies and other materials relating to
eliminating the pay disparities;
(3) sponsoring and assisting State and community
informational and educational programs;
(4) providing information to employers, labor
organizations, professional associations, and other interested
persons on the means of eliminating the pay disparities;
(5) recognizing and promoting the achievements of
employers, labor organizations, and professional associations
that have worked to eliminate the pay disparities; and
(6) convening a national summit to discuss and consider
approaches for rectifying the pay disparities.
SEC. 6. TECHNICAL ASSISTANCE AND EMPLOYER RECOGNITION PROGRAM.
(a) Guidelines.--
(1) In general.--The Secretary of Labor shall develop
guidelines to enable employers to evaluate job categories based
on objective criteria such as educational requirements, skill
requirements, independence, working conditions, and
responsibility, including decisionmaking responsibility and de
facto supervisory responsibility.
(2) Use.--The guidelines developed under paragraph (1)
shall be designed to enable employers voluntarily to compare
wages paid for different jobs to determine if the pay scales
involved adequately and fairly reflect the educational
requirements, skill requirements, independence, working
conditions, and responsibility for each such job, with the goal
of eliminating unfair pay disparities between occupations
traditionally dominated by men or women.
(3) Publication.--The guidelines developed under paragraph
(1) shall be published in the Federal Register not later than
180 days after the date of enactment of this Act.
(b) Employer Recognition.--
(1) Purpose.--It is the purpose of this subsection to
emphasize the importance, encourage the improvement, and
recognize the excellence of employer efforts to pay wages to
women that reflect the real value of the contributions of such
women to the workplace.
(2) In general.--To carry out the purpose of this
subsection, the Secretary of Labor shall establish a program
under which the Secretary shall provide for the recognition of
employers who, pursuant to a voluntary job evaluation conducted
by the employer, adjust their wage scales using the guidelines
developed under subsection (a) to ensure that women are paid
fairly in comparison to men, but such adjustments shall not include the
lowering of wages paid to men.
(3) Technical assistance.--The Secretary of Labor may
provide technical assistance to assist an employer in carrying
out an evaluation under paragraph (2).
(c) Rulemaking.--The Secretary of Labor may make rules to carry out
this section.
SEC. 7. ESTABLISHMENT OF NATIONAL AWARD FOR PAY EQUITY IN THE
WORKPLACE.
(a) In General.--There is established the Alexis Herman National
Award for Pay Equity in the Workplace, which shall be evidenced by a
medal bearing the inscription ``Alexis Herman National Award for Pay
Equity in the Workplace''. The medal shall be of such design and
materials and bear such additional inscriptions as the Secretary of
Labor may prescribe.
(b) Criteria for Qualification.--To qualify to receive an award
under this section a business shall--
(1) submit a written application to the Secretary of Labor,
at such time, in such manner, and containing such information
as the Secretary may require, including at a minimum
information that demonstrates that the business has made a
substantial effort to eliminate pay disparities between men and
women, and deserves special recognition as a consequence; and
(2) meet such additional requirements and specifications as
the Secretary of Labor determines to be appropriate.
(c) Making and Presentation of Award.--
(1) Award.--After receiving recommendations from the
Secretary of Labor, the President or the designated
representative of the President shall annually present the
award described in subsection (a) to businesses that meet the
qualifications described in subsection (b).
(2) Presentation.--The President or the designated
representative of the President shall present the award under
this section with such ceremonies as the President or the
designated representative of the President determines to be
appropriate.
(d) Business.--In this section, the term ``business'' includes--
(1)(A) a corporation, including a nonprofit corporation;
(B) a partnership;
(C) a professional association;
(D) a labor organization; and
(E) a business entity similar to an entity described in any
of subparagraphs (A) through (D);
(2) an entity carrying out an education referral program, a
training program, such as an apprenticeship or management
training program, or a similar program; and
(3) an entity carrying out a joint program, formed by a
combination of any entities described in paragraph (1) or (2).
SEC. 8. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION.
Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is
amended by adding at the end the following:
``(f)(1) Not later than 18 months after the date of enactment of
this subsection, the Commission shall--
``(A) complete a survey of the data that is currently
available to the Federal Government relating to employee pay
information for use in the enforcement of Federal laws
prohibiting pay discrimination and, in consultation with other
relevant Federal agencies, identify additional data collections
that will enhance the enforcement of such laws; and
``(B) based on the results of the survey and consultations
under subparagraph (A), make rules to provide for the
collection of pay information data from employers as described
by the sex, race, and national origin of employees.
``(2) In implementing paragraph (1), the Commission shall have as
its primary consideration the most effective and efficient means for
enhancing the enforcement of Federal laws prohibiting pay
discrimination, and shall also consider other factors, including the
imposition of burdens on employers, the frequency of required reports
(including which employers should be required to prepare reports),
appropriate protections for maintaining data confidentiality, and the
most effective format for the data collections reports.''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Employer-Employee Relations.
Referred to the Subcommittee on Workforce Protections.
Sponsor introductory remarks on measure. (CR H1697-1698)
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