Workplace Advancement Act

Summary: Workplace Advancement Act Prohibits discrimination in the payment of wages on account of sex. (Allows payment of different wages under seniority systems, merit systems, systems that measure earnings by quantity or quality of production, or differentials based on any other factors other than sex.)   Amends the Fair Labor Standards Act of 1938 to prohibit discharging or retaliating against any employee because such employee has inquired about, discussed, or disclosed comparative compensation information for the purpose of determining whether the employer is compensating an employee in a manner that provides equal pay for equal work. Makes such prohibition inapplicable to instances in which an employee who has access to the wage information of other employees as a part of such employee's job functions discloses the wages of such other employees other than in response to a charge or complaint or in furtherance of an investigation, proceeding, hearing, or action under provisions prohibiting sex discrimination, including an investigation conducted by the employer.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Workplace Advancement Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) In 1963, Congress passed on a bipartisan basis the 
        Equal Pay Act of 1963 to prohibit discrimination on account of 
        sex in the payment of wages for equal work performed by 
        employees for employers engaged in commerce or in the 
        production of goods for commerce.
            (2) Following the passage of such Act, in 1964, Congress 
        passed on a bipartisan basis the Civil Rights Act of 1964.
            (3) Since the passage of both the Equal Pay Act of 1963 and 
        the Civil Rights Act of 1964, women have made significant 
        strides, both in the workforce and in their educational 
        pursuits.
            (4) Currently, according to a Prudential Research Study, 60 
        percent of women are the primary earners in their households 
        and the Bureau of Labor Statistics has found that 47 percent of 
        women are members of the workforce.
            (5) According to the Department of Education, women receive 
        57 percent of all college degrees, a 33 percent increase from 
        1970.
            (6) Women hold the majority of positions in the 5 fastest 
        growing fields, and women are more likely than men to work in 
        professional and related occupations.
            (7) Despite this significant progress, surveys suggest 
        there is a concern among American women that gender-based pay 
        discrimination still exists.
            (8) Over the last 15 years, the Equal Employment 
        Opportunity Commission has received on average 2,400 complaints 
        annually alleging gender-based pay discrimination. This 
        represents two to three percent of charges filed with the 
        Commission during the same time period. Even though the 
        Commission determines that no discrimination occurred in a 
        majority of these complaints, the extent to which these 
        allegations continue underscores there is still progress to be 
        made.
            (9) A number of factors contribute to differences in total 
        compensation, including variations in occupation, education, 
        hours worked, institutional knowledge, and other business 
        reasons and personal choices that shape career paths and 
        earning potential.

SEC. 3. PROHIBITION ON WAGE DISCRIMINATION.

    Pursuant to Federal law in effect on the date of enactment of this 
Act:
            (1) In general.--No employer shall discriminate, within any 
        establishment in which employees are employed by the employer, 
        between employees on the basis of sex by paying wages to 
        employees in such establishment at a rate less than the rate at 
        which the employer pays wages to employees of the opposite sex 
        in such establishment for equal work on jobs the performance of 
        which requires equal skill, effort, and responsibility, and 
        which are performed under similar working conditions, except 
        where such payment is made pursuant to--
                    (A) a seniority system;
                    (B) a merit system;
                    (C) a system which measures earnings by quantity or 
                quality of production; or
                    (D) a differential based on any other factor other 
                than sex.
            (2) Limitation.--An employer who is paying a wage rate 
        differential in violation of this section shall not, in order 
        to comply with the provisions of this section, reduce the wage 
        rate of any employee.
            (3) Notice.--Every employer, employment agency, and labor 
        organization, as the case may be, shall post and keep posted in 
        conspicuous places upon its premises where notices to 
        employees, applicants for employment, and members are 
        customarily posted, a notice to be prepared or approved by the 
        Equal Employment Opportunity Commission that sets forth 
        excerpts from, or summaries of, the pertinent provisions of 
        this Act (including the amendments made by this Act) and of 
        title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et 
        seq.), and information pertinent to the filing of a complaint.

SEC. 4. ENHANCED ENFORCEMENT OF EQUAL PAY ACT REQUIREMENTS.

    Section 15(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
215(a)) is amended--
            (1) in paragraph (5), by striking the period and inserting 
        ``; or''; and
            (2) by adding at the end the following:
            ``(6) to discharge or in any other manner retaliate against 
        any employee because such employee has inquired about, 
        discussed, or disclosed comparative compensation information 
        for the purpose of determining whether the employer is 
        compensating an employee in a manner that provides equal pay 
        for equal work, except that this paragraph 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 job 
        functions discloses the wages of such other employees to an 
        individual who does not otherwise have access to such 
        information, unless such disclosure is in response to a charge 
        or complaint or in furtherance of an investigation, proceeding, 
        hearing, or action under section 6(d), including an 
        investigation conducted by the employee.
Nothing in paragraph (6) shall be construed to limit the rights of an 
employee provided under any other provision of law.''.