Paycheck Fairness Act
This bill addresses wage discrimination on the basis of sex, which is defined to include pregnancy, sexual orientation, gender identity, and sex characteristics.
Specifically, it limits an employer's defense that a pay differential is based on a factor other than sex to only bona fide job-related factors in wage discrimination claims, enhances nonretaliation prohibitions, and makes it unlawful to require an employee to sign a contract or waiver prohibiting the employee from disclosing information about the employee's wages. The bill also increases civil penalties for violations of equal pay provisions.
Additionally, the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs must train EEOC employees and other affected parties on wage discrimination.
The bill directs the Department of Labor to (1) establish and carry out a grant program to provide training in negotiation skills related to compensation and equitable working conditions, (2) conduct studies to eliminate pay disparities between men and women, and (3) make available information on wage discrimination to assist the public in understanding and addressing such discrimination.
The bill establishes the National Award for Pay Equity in the Workplace for an employer who has made a substantial effort to eliminate pay disparities between men and women. It also establishes the National Equal Pay Enforcement Task Force to address compliance, public education, and enforcement of equal pay laws.
Finally, the bill requires the EEOC to issue regulations for collecting from employers compensation and other employment data according to the sex, race, and national origin of employees for use in enforcing laws prohibiting pay discrimination.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 17 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 17
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
March 10, 2023
Ms. DeLauro (for herself, Mr. Jeffries, Mr. Aguilar, Ms. Clark of
Massachusetts, Ms. Pelosi, Mr. Hoyer, Mr. Clyburn, Mr. Scott of
Virginia, Ms. Spanberger, Ms. Adams, Ms. Salinas, Ms. Craig, Ms.
Kuster, Ms. Eshoo, Ms. Pressley, Ms. Lee of California, Ms. Balint, Ms.
McCollum, Mrs. Watson Coleman, Ms. Pettersen, Ms. Pingree, Ms.
Houlahan, Ms. Bush, Mrs. Dingell, Ms. Wasserman Schultz, Ms. Ross, Ms.
DeGette, Ms. Titus, Ms. Matsui, Ms. Norton, Ms. Slotkin, Ms. Wilson of
Florida, Ms. Meng, Mrs. Napolitano, Ms. Moore of Wisconsin, Ms.
Stevens, Ms. Scholten, Ms. Omar, Mrs. Hayes, Ms. Schakowsky, Ms.
Crockett, Ms. Wexton, Ms. Tokuda, Mrs. Beatty, Ms. Chu, Ms. Brownley,
Ms. Castor of Florida, Ms. Manning, Ms. Porter, Ms. Schrier, Ms.
Underwood, Ms. Sanchez, Ms. Blunt Rochester, Mrs. Fletcher, Ms. Lois
Frankel of Florida, Mrs. Trahan, Mrs. McBath, Ms. Dean of Pennsylvania,
Ms. Kaptur, Ms. Perez, Ms. Strickland, Ms. Scanlon, Ms. Waters, Ms.
Stansbury, Ms. Sherrill, Ms. Barragan, Ms. Williams of Georgia, Ms.
Budzinski, Mrs. Torres of California, Ms. Velazquez, Ms. Jayapal, Ms.
Tlaib, Ms. Kelly of Illinois, Ms. Jacobs, Ms. Davids of Kansas, Mrs.
Cherfilus-McCormick, Ms. Jackson Lee, Ms. Brown, Ms. Plaskett, Ms. Lee
of Pennsylvania, Ms. Wild, Mrs. Lee of Nevada, Ms. DelBene, Ms.
Bonamici, Ms. Kamlager-Dove, Ms. Garcia of Texas, Ms. Leger Fernandez,
Ms. Sewell, Ms. Hoyle of Oregon, Mrs. Foushee, Ms. Escobar, Ms.
Caraveo, Ms. Clarke of New York, Ms. Lofgren, Mr. Schiff, Mr. Smith of
Washington, Mr. Espaillat, Mr. Green of Texas, Mr. Bera, Mr. Carson,
Mr. Kim of New Jersey, Mr. Thompson of Mississippi, Mr. Foster, Mr.
Pascrell, Mr. Schneider, Mr. Sherman, Mr. Boyle of Pennsylvania, Mr.
Higgins of New York, Mr. Ruppersberger, Mr. Deluzio, Mr. Allred, Mr.
Kildee, Mr. Davis of Illinois, Mr. Soto, Mr. Cicilline, Mr. David Scott
of Georgia, Mr. Trone, Mr. Phillips, Mr. Kilmer, Mr. Davis of North
Carolina, Mr. Payne, Mr. Norcross, Mr. Beyer, Mr. Evans, Mr.
Blumenauer, Mr. Cleaver, Mr. Sorensen, Mr. Swalwell, Mr. Mrvan, Mr.
Pallone, Mr. Connolly, Mr. Ivey, Mr. Casar, Mr. Stanton, Mr. Sablan,
Mr. Meeks, Mr. Johnson of Georgia, Mr. Cuellar, Mr. Auchincloss, Mr.
Bowman, Mr. McGovern, Mr. Raskin, Mr. Golden of Maine, Mr. Huffman, Mr.
Moskowitz, Mr. Crow, Mr. Nadler, Mr. Garcia of Illinois, Mr. Costa, Mr.
Himes, Mr. Gomez, Mr. Panetta, Mr. Castro of Texas, Mr. Courtney, Mr.
Neguse, Mr. Larson of Connecticut, Mr. Garamendi, Mr. Sarbanes, Mr.
Jackson of Illinois, Mr. Morelle, Mr. Gottheimer, Mr. Harder of
California, Mr. Vargas, Mrs. Sykes, Mr. Mullin, Mr. Mfume, Mr. Doggett,
Mr. Veasey, Mr. DeSaulnier, Mr. Pocan, Mr. Takano, Mr. Cartwright, Mr.
Frost, Mr. Levin, Mr. Quigley, Mr. Thompson of California, Mr.
McGarvey, Mr. Ryan, Mr. Tonko, Mr. Krishnamoorthi, Mr. Grijalva, Mr.
Ruiz, Mr. Neal, Mr. Larsen of Washington, Mr. Torres of New York, Mr.
Khanna, Mr. Menendez, Mr. Robert Garcia of California, Mr. Gallego, Mr.
Carbajal, Mr. Bishop of Georgia, Mr. Peters, Mr. Casten, Mr. Moulton,
Mr. Lynch, Mr. Cohen, Mr. Horsford, Mr. Lieu, Mr. Cardenas, Mr. Carter
of Louisiana, Mr. Vicente Gonzalez of Texas, Mr. Nickel, Mr. Keating,
Mr. Thanedar, Mr. Fitzpatrick, Mrs. McClellan, and Mr. Correa)
introduced the following bill; which was referred to the Committee on
Education and the Workforce, and in addition to the Committee on
Oversight and Accountability, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
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.
This Act may be cited as the ``Paycheck Fairness Act''.
SEC. 2. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS.
(a) Definitions.--Section 3 of the Fair Labor Standards Act of 1938
(29 U.S.C. 203) is amended by adding at the end the following:
``(z) `Sex' includes--
``(1) pregnancy, childbirth, or a related medical
condition;
``(2) sexual orientation or gender identity; and
``(3) sex characteristics, including intersex traits.
``(aa) `Sexual orientation' includes homosexuality,
heterosexuality, and bisexuality.
``(bb) `Gender identity' means the gender-related identity,
appearance, mannerisms, or other gender-related characteristics of an
individual, regardless of the individual's designated sex at birth.''.
(b) Bona Fide Factor Defense and Modification of Same Establishment
Requirement.--Section 6(d)(1) of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(d)(1)) is amended--
(1) by striking ``No employer having'' and inserting ``(A)
No employer having'';
(2) by striking ``the opposite'' and inserting ``another'';
(3) by striking ``any other factor other than sex'' and
inserting ``a bona fide factor other than sex, such as
education, training, or experience''; and
(4) by inserting at the end the following:
``(B) The bona fide factor defense described in subparagraph
(A)(iv) shall apply only if the employer demonstrates that such factor
(i) is not based upon or derived from a sex-based differential in
compensation; (ii) is job-related with respect to the position in
question; (iii) is consistent with business necessity; and (iv)
accounts for the entire differential in compensation at issue. Such
defense 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.
``(C) For purposes of subparagraph (A), employees shall be deemed
to work in the same establishment if the employees work for the same
employer at workplaces located in the same county or similar political
subdivision of a State. The preceding sentence shall not be construed
as limiting broader applications of the term `establishment' consistent
with rules prescribed or guidance issued by the Equal Employment
Opportunity Commission.''.
(c) Nonretaliation Provision.--Section 15 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 215) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``employee has
filed'' and all that follows and inserting ``employee--
``(A) has made a charge or filed any complaint or
instituted or caused to be instituted any
investigation, proceeding, hearing, or action under or
related to this Act, including an investigation
conducted by the employer, or has testified or is
planning to testify or has assisted or participated in
any manner in any such investigation, proceeding,
hearing or action, or has served or is planning to
serve on an industry committee;
``(B) has opposed any practice made unlawful by
this Act; or
``(C) has inquired about, discussed, or disclosed
the wages of the employee or another employee (such as
by inquiring or discussing with the employer why the
wages of the employee are set at a certain rate or
salary);'';
(B) in paragraph (5), by striking ``and'' at the
end;
(C) in paragraph (6), by striking the period at the
end and inserting ``; or''; and
(D) by adding at the end the following:
``(7) to require an employee to sign a contract or waiver
that would prohibit the employee from disclosing information
about the employee's wages.''; and
(2) by adding at the end the following:
``(c) Subsection (a)(3)(C) shall not apply to instances in which an
employee who has access to the wage information of other employees as a
part of such employee's essential job functions discloses the wages of
such other employees to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a complaint
or charge or in furtherance of an investigation, proceeding, hearing,
or action under section 6(d), including an investigation conducted by
the employer. Nothing in this subsection shall be construed to limit
the rights of an employee provided under any other provision of law.''.
(d) Enhanced Penalties.--Section 16(b) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(b)) is amended--
(1) by inserting after the first sentence the following:
``Any employer who violates section 6(d), or who violates the
provisions of section 15(a)(3) in relation to section 6(d),
shall additionally be liable for such compensatory damages, or,
where the employee demonstrates that the employer acted with
malice or reckless indifference, 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
``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''.
(e) Action by the Secretary.--Section 16(c) of the Fair Labor
Standards Act of 1938 (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, as described in subsection (b),'' 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, as described
in subsection (b)''; and
(3) in the third sentence, by striking ``the first
sentence'' and inserting ``the first or second sentence''.
(f) Enforcement Authority.--
(1) In general.--The Equal Opportunity Employment
Commission shall carry out the functions and authorities
described in section 1 of Reorganization Plan No. 1 of 1978 (92
Stat. 3781; 5 U.S.C. App.) to enforce and administer the
provisions of section 6(d) of the Fair Labor Standards Act of
1938 (29 U.S.C. 206(d)), except that the Secretary of Labor,
through the Office of Federal Contract Compliance Programs, may
also enforce this provision with respect to Federal
contractors, Federal subcontractors, and federally assisted
construction contractors, within the jurisdiction of the Office
of Federal Contract Compliance Programs under Executive Order
No. 11246 (42 U.S.C. 2000e note; relating to equal employment
opportunity) or a successor Executive order.
(2) Coordination.--The Equal Opportunity Employment
Commission shall issue such regulations as may be necessary to
explain and implement the standards of such section 6(d). The
Secretary of Labor may issue regulations to govern procedures
for enforcement of section 6(d) by the Office of Federal
Contract Compliance Programs. The Secretary of Labor and the
Equal Employment Opportunity Commission shall establish other
coordinating mechanisms as may be necessary.
SEC. 3. TRAINING.
The Equal Employment Opportunity Commission and the Secretary of
Labor, acting through the Office of Federal Contract Compliance
Programs, subject to the availability of funds appropriated under
section 11, shall provide training to employees of the Commission and
the Office of Federal Contract Compliance Programs and to affected
individuals and entities on matters involving discrimination in the
payment of wages.
SEC. 4. NEGOTIATION SKILLS TRAINING.
(a) Negotiation Bias Training.--
(1) In general.--The Secretary of Labor shall establish a
program to award contracts and grants for the purpose of
training employers about the role that salary negotiation and
other inconsistent wage setting practices can have on allowing
bias to enter compensation.
(2) Training topics.--Each training program established
using funds under section (a) shall include an overview of how
structural issues may cause inequitable earning and advancement
opportunities for women and people of color and assist
employers in examining the impact of a range of practices on
such opportunities, including--
(A) self-auditing to identify structural issues
that allow bias and inequity to enter compensation;
(B) recruitment of candidates to ensure diverse
pools of applicants;
(C) salary negotiations that result in similarly
qualified workers entering at different rates of pay;
(D) internal equity among workers with similar
skills, effort, responsibility and working conditions;
(E) consistent use of market rates and incentives
driven by industry competitiveness;
(F) evaluation of the rate of employee progress and
advancement to higher paid positions;
(G) work assignments that result in greater
opportunity for advancement;
(H) training, development and promotion
opportunities;
(I) impact of mid-level or senior level hiring in
comparison to wage rates of incumbent workers;
(J) opportunities to win commissions and bonuses;
(K) performance reviews and raises;
(L) processes for adjusting pay to address
inconsistency and inequity in compensation; and
(M) other topics that research identifies as a
common area for assumptions, bias and inequity to
impact compensation.
(b) Program Authorized.--
(1) In general.--The Secretary of Labor, after consultation
with the Secretary of Education, is authorized to establish and
carry out a grant program.
(2) Grants.--In carrying out the program, the Secretary of
Labor may make grants on a competitive basis to eligible
entities to carry out negotiation skills training programs for
the purposes of addressing pay disparities, including through
outreach to women and girls.
(3) Eligible entities.--To be eligible to receive a grant
under this subsection, an entity shall be a public agency, such
as a State, a local government in a metropolitan statistical
area (as defined by the Office of Management and Budget), a
State educational agency, or a local educational agency, a
private nonprofit organization, or a community-based
organization.
(4) Application.--To be eligible to receive a grant under
this subsection, an entity shall submit an application to the
Secretary of Labor at such time, in such manner, and containing
such information as the Secretary of Labor may require.
(5) Use of funds.--An entity that receives a grant under
this subsection shall use the funds made available through the
grant to carry out an effective negotiation skills training
program for the purposes described in paragraph (2).
(c) Incorporating Training Into Existing Programs.--The Secretary
of Labor and the Secretary of Education shall issue regulations or
policy guidance that provides for integrating the negotiation skills
training, to the extent practicable, into programs authorized under--
(1) in the case of the Secretary of Education, the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.), the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2301 et seq.), the Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.), and other programs carried
out by the Department of Education that the Secretary of
Education determines to be appropriate; and
(2) in the case of the Secretary of Labor, the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and
other programs carried out by the Department of Labor that the
Secretary of Labor determines to be appropriate.
(d) Report.--Not later than 18 months after the date of enactment
of this Act, and annually thereafter, the Secretary of Labor, in
consultation with the Secretary of Education, shall prepare and submit
to Congress a report describing the activities conducted under this
section and evaluating the effectiveness of such activities in
achieving the purposes of this section.
SEC. 5. RESEARCH, EDUCATION, AND OUTREACH.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, and periodically thereafter, 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 women who
are Asian American, Black or African American, Hispanic American or
Latino, Native American or Alaska Native, Native Hawaiian or Pacific
Islander, and White American), including--
(1) conducting and promoting research to develop the means
to correct expeditiously the conditions leading to the pay
disparities, with specific attention paid to women and girls
from historically underrepresented and minority groups;
(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, local, 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; and
(5) recognizing and promoting the achievements of
employers, labor organizations, and professional associations
that have worked to eliminate the pay disparities.
(b) Research on Gender Pay Gap in Teenage Labor Force.--
(1) Research review.--Not later than 12 months after the
date of the enactment of this Act, the Secretary of Labor,
acting through the Director of the Women's Bureau, shall
conduct a review and develop a synthesis of research on the
gender wage gap among younger workers existing as of the date
of enactment of this Act, and shall make such review and
synthesis available on a publicly accessible website of the
Department of Labor.
(2) Authority to commission studies.--Not later than 36
months after the date of the enactment of this Act, the
Secretary of Labor, acting through the Director of the Women's
Bureau, shall request proposals and commission studies that can
advance knowledge on the gender wage gap among younger workers,
and shall make such studies available on a publicly accessible
website of the Department of Labor.
SEC. 6. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE
WORKPLACE.
(a) In General.--There is established the National Award for Pay
Equity in the Workplace, which shall be awarded by the Secretary of
Labor in consultation with the Equal Employment Opportunity Commission,
on an annual basis, to an employer to encourage proactive efforts to
comply with section 6(d) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(d)), as amended by this Act.
(b) Criteria for Qualification.--The Secretary of Labor, in
consultation with the Equal Employment Opportunity Commission, shall--
(1) set criteria for receipt of the award, including a
requirement that an employer has made substantial effort to
eliminate pay disparities between men and women and deserves
special recognition as a consequence of such effort; and
(2) establish procedures for the application and
presentation of the award.
(c) Business.--In this section, the term ``employer'' 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. 7. 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 24 months after the date of enactment of
this subsection, the Commission shall provide for the annual collection
from employers of compensation data disaggregated by the sex, race, and
national origin of employees. The Commission may also require employers
to submit other employment-related data (including hiring, termination,
and promotion data) so disaggregated.
``(2) In carrying out 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. The Commission shall also consider factors including
the imposition of burdens on employers, the frequency of required
reports (including the size of employers required to prepare reports),
appropriate protections for maintaining data confidentiality, and the
most effective format to report such data.
``(3)(A) For each 12-month reporting period for an employer, the
data collected under paragraph (1) shall include compensation data
disaggregated by the categories described in subparagraph (E).
``(B) For the purposes of collecting the disaggregated compensation
data described in subparagraph (A), the Commission may use compensation
ranges reporting--
``(i) the number of employees of the employer who earn
compensation in an amount that falls within such compensation
range; and
``(ii) the total number of hours worked by such employees.
``(C) If the Commission uses compensation ranges to collect the pay
data described in subparagraph (A), the Commission may adjust such
compensation ranges--
``(i) if the Commission determines that such adjustment is
necessary to enhance enforcement of Federal laws prohibiting
pay discrimination; or
``(ii) for inflation, in consultation with the Bureau of
Labor Statistics.
``(D) In collecting data described in subparagraph (A)(ii), the
Commission may provide that, with respect to an employee who the
employer is not required to compensate for overtime employment under
section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207), an
employer may report--
``(i) in the case of a full-time employee, that such
employee works 40 hours per week, and in the case of a part-
time employee, that such employee works 20 hours per week; or
``(ii) the actual number of hours worked by such employee.
``(E) The categories described in this subparagraph shall be
determined by the Commission and shall include--
``(i) race;
``(ii) national origin;
``(iii) sex; and
``(iv) job categories, including the job categories
described in the instructions for the Equal Employment
Opportunity Employer Information Report EEO-1, as in effect on
the date of the enactment of this subsection.
``(F) The Commission shall use the compensation data collected
under paragraph (1)--
``(i) to enhance--
``(I) the investigation of charges filed under
section 706 or section 6(d) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(d)); and
``(II) the allocation of resources to investigate
such charges; and
``(ii) for any other purpose that the Commission determines
appropriate.
``(G) The Commission shall at 18-month intervals make publicly
available aggregate compensation data collected under paragraph (1) for
the categories described in subparagraph (E), disaggregated by
industry, occupation, and core based statistical area (as defined by
the Office of Management and Budget).
``(4) The compensation data under paragraph (1) shall be collected
from each employer that--
``(A) is a private employer that has 100 or more employees,
including such an employer that is a contractor with the
Federal Government, or a subcontractor at any tier thereof; or
``(B) the Commission determines appropriate.''.
SEC. 8. REINSTATEMENT OF PAY EQUITY PROGRAMS AND PAY EQUITY DATA
COLLECTION.
(a) Bureau of Labor Statistics Data Collection.--The Commissioner
of Labor Statistics shall continue to collect data on women workers in
the Current Employment Statistics survey.
(b) Office of Federal Contract Compliance Programs Initiatives.--
The Director of the Office of Federal Contract Compliance Programs
shall collect compensation data and other employment-related data
(including, hiring, termination, and promotion data) by demographics
and designate not less than half of all nonconstruction contractors
each year to prepare and file such data, and shall review and utilize
the responses to such data to identify contractors for further
evaluation and for other enforcement purposes as appropriate.
(c) Department of Labor Distribution of Wage Discrimination
Information.--The Secretary of Labor shall make readily available (in
print, on the Department of Labor website, and through any other forum
that the Department may use to distribute compensation discrimination
information), accurate information on compensation discrimination,
including statistics, explanations of employee rights, historical
analyses of such discrimination, instructions for employers on
compliance, and any other information that will assist the public in
understanding and addressing such discrimination.
SEC. 9. PROHIBITIONS RELATING TO PROSPECTIVE EMPLOYEES' SALARY AND
BENEFIT HISTORY.
(a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.) is amended by inserting after section 7 the following new
section:
``SEC. 8. REQUIREMENTS AND PROHIBITIONS RELATING TO WAGE, SALARY, AND
BENEFIT HISTORY.
``(a) In General.--It shall be an unlawful practice for an employer
to--
``(1) rely on the wage history of a prospective employee in
considering the prospective employee for employment, including
requiring that a prospective employee's prior wages satisfy
minimum or maximum criteria as a condition of being considered
for employment;
``(2) rely on the wage history of a prospective employee in
determining the wages for such prospective employee, except
that an employer may rely on wage history if it is voluntarily
provided by a prospective employee, after the employer makes an
offer of employment with an offer of compensation to the
prospective employee, to support a wage higher than the wage
offered by the employer;
``(3) seek from a prospective employee or any current or
former employer the wage history of the prospective employee,
except that an employer may seek to confirm prior wage
information only after an offer of employment with compensation
has been made to the prospective employee and the prospective
employee responds to the offer by providing prior wage
information to support a wage higher than that offered by the
employer; or
``(4) discharge or in any other manner retaliate against
any employee or prospective employee because the employee or
prospective employee--
``(A) opposed any act or practice made unlawful by
this section; or
``(B) took an action for which discrimination is
forbidden under section 15(a)(3).
``(b) Definition.--In this section, the term `wage history' means
the wages paid to the prospective employee by the prospective
employee's current employer or previous employer.''.
(b) Penalties.--Section 16 of such Act (29 U.S.C. 216) is amended
by adding at the end the following new subsection:
``(f)(1) Any person who violates the provisions of section 8
shall--
``(A) be subject to a civil penalty of $5,000 for a first
offense, increased by an additional $1,000 for each subsequent
offense, not to exceed $10,000; and
``(B) be liable to each employee or prospective employee
who was the subject of the violation for special damages not to
exceed $10,000 plus attorneys' fees, and shall be subject to
such injunctive relief as may be appropriate.
``(2) An action to recover the liability described in paragraph
(1)(B) may be maintained against any employer (including a public
agency) in any Federal or State court of competent jurisdiction by any
one or more employees or prospective employees for and on behalf of--
``(A) the employees or prospective employees; and
``(B) other employees or prospective employees similarly
situated.''.
SEC. 10. NATIONAL EQUAL PAY ENFORCEMENT TASK FORCE.
(a) In General.--There is established the National Equal Pay
Enforcement Task Force, consisting of representatives from the Equal
Employment Opportunity Commission, the Department of Justice, the
Department of Labor, and the Office of Personnel Management.
(b) Mission.--In order to improve compliance, public education, and
enforcement of equal pay laws, the National Equal Pay Enforcement Task
Force will ensure that the agencies in subsection (a) are coordinating
efforts and limiting potential gaps in enforcement.
(c) Duties.--The National Equal Pay Enforcement Task Force shall
investigate challenges related to pay inequity pursuant to its mission
in subsection (b), advance recommendations to address those challenges,
and create action plans to implement the recommendations.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this Act.
(b) Prohibition on Earmarks.--None of the funds appropriated
pursuant to subsection (a) for purposes of the grant program in section
5 of this Act may be used for a congressional earmark as defined in
clause 9(e) of rule XXI of the Rules of the House of Representatives.
SEC. 12. SMALL BUSINESS ASSISTANCE.
(a) Effective Date.--This Act and the amendments made by this Act
shall take effect on the date that is 6 months after the date of
enactment of this Act.
(b) Technical Assistance Materials.--The Secretary of Labor and the
Commissioner of the Equal Employment Opportunity Commission shall
jointly develop technical assistance material to assist small
enterprises in complying with the requirements of this Act and the
amendments made by this Act.
(c) Small Businesses.--A small enterprise shall be exempt from the
provisions of this Act, and the amendments made by this Act, to the
same extent that such enterprise is exempt from the requirements of the
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) pursuant to
clauses (i) and (ii) of section 3(s)(1)(A) of such Act (29 U.S.C.
203(s)(1)(A)).
SEC. 13. NOTICE REQUIREMENTS.
(a) In General.--Each employer shall post and keep posted, in
conspicuous places on the premises of the employer where notices to
employees are customarily posted, a notice, to be prepared or approved
by the Equal Employment Opportunity Commission and the Secretary of
Labor, of the requirements described in this Act (or the amendments
made by such Act).
(b) Relation to Existing Notices.--The notice under subsection (a)
may be incorporated into notices required of the employer as of the
date of enactment of this Act.
(c) Digital Notice.--With respect to the notice under subsection
(a), each employer shall--
(1) post electronic copies of the notice on an internal
website to which employees have access; and
(2) notify employees on such internal website of the
location of the place on the premises where the notice is
posted.
SEC. 14. RULE OF CONSTRUCTION.
Nothing in this Act, or in any amendments made by this Act, shall
affect the obligation of employers and employees to fully comply with
all applicable immigration laws, including being subject to any
penalties, fines, or other sanctions.
SEC. 15. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of that provision or amendment to particular persons or
circumstances is held invalid or found to be unconstitutional, the
remainder of this Act, the amendments made by this Act, or the
application of that provision to other persons or circumstances shall
not be affected.
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Introduced in House
Introduced in House
Referred to the Committee on Education and the Workforce, and in addition to the Committee on Oversight and Accountability, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committee on Oversight and Accountability, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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