I 

108TH CONGRESS 

1ST SESSION H. R. 1688

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 

APRIL 9, 2003

Ms. DELAURO (for herself, Mr. ACKERMAN, Mr. ALLEN, Mr. ANDREWS, Mrs. 

CAPPS, Mr. DICKS, Mr. DOGGETT, Mr. FARR, Mr. FROST, Mr. GEPHARDT, Mr. HOEFFEL, Mr. FRANK of Massachusetts, Mr. KENNEDY of 

Rhode Island, Mr. KUCINICH, Mr. LANGEVIN, Mrs. MALONEY, Mr. MEEHAN, Mr. MORAN of Virginia, Mr. RODRIGUEZ, Mr. SANDERS, Ms. SOLIS, 

Mr. VAN HOLLEN, Mr. KILDEE, Mr. SERRANO, Mr. REYES, Mr. KLECZKA, Mr. MATSUI, Ms. CORRINE BROWN of Florida, Mr. OLVER, Ms. 

SLAUGHTER, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. LOWEY, 

Mrs. MCCARTHY of New York, Ms. CARSON of Indiana, Ms. MCCOLLUM, 

Mr. MOORE, Mr. INSLEE, Ms. BALDWIN, Mr. ABERCROMBIE, Mr. 

CUMMINGS, Mr. SCOTT of Georgia, Mr. WEINER, Mr. SABO, and Mr. 

STARK) 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE AND REFERENCE. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Paycheck Fairness Act’’. 

4 (b) REFERENCE.—Whenever in this Act (other than 

5 in section 8) an amendment or repeal is expressed in terms 

6 of an amendment to, or repeal of, a section or other provi7 sion, the reference shall be considered to be made to a 

8 section or other provision of the Fair Labor Standards Act 

9 of 1938. 

10 SEC. 2. FINDINGS. 

11 The Congress finds the following: 

12 (1) Women have entered the workforce in 

13 record numbers. 

14 (2) Even in the 21st century, women earn sig15 nificantly lower pay than men for work on jobs that 

16 require equal skill, effort, and responsibility and that 

17 are performed under similar working conditions. 

18 These pay disparities exist in both the private and 

19 governmental sectors. In many instances, the pay 

20 disparities can only be due to continued intentional 

21 discrimination or the lingering effects of past dis22 crimination. 

23 (3) The existence of such pay disparities—

24 (A) depresses the wages of working fami25 lies who rely on the wages of all members of the 

26 family to make ends meet; 
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1 (B) prevents the optimum utilization of 

2 available labor resources; 

3 (C) has been spread and perpetuated, 

4 through commerce and the channels and instru5 mentalities of commerce, among the workers of 

6 the several States; 

7 (D) burdens commerce and the free flow of 

8 goods in commerce; 

9 (E) constitutes an unfair method of com10 petition in commerce; 

11 (F) leads to labor disputes burdening and 

12 obstructing commerce and the free flow of 

13 goods in commerce; 

14 (G) interferes with the orderly and fair 

15 marketing of goods in commerce; and 

16 (H) in many instances, may deprive work17 ers of equal protection on the basis of sex in 

18 violation of the 5th and 14th amendments to 

19 the United States Constitution. 

20 (4)(A) Artificial barriers to the elimination of 

21 discrimination in the payment of wages on the basis 

22 of sex continue to exist even decades after the enact23 ment of the Fair Labor Standards Act of 1938 (29 

24 U.S.C. 201 et seq.) and the Civil Rights Act of 1964 

25 (42 U.S.C. 2000a et seq.). 
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1 (B) Elimination of such barriers would have 

2 positive effects, including—

3 (i) providing a solution to problems in the 

4 economy created by unfair pay disparities; 

5 (ii) substantially reducing the number of 

6 working women earning unfairly low wages, 

7 thereby reducing the dependence on public as8 sistance; 

9 (iii) promoting stable families by enabling 

10 all family members to earn a fair rate of pay; 

11 (iv) remedying the effects of past discrimi12 nation on the basis of sex and ensuring that in 

13 the future workers are afforded equal protection 

14 on the basis of sex; and 

15 (v) in the private sector, ensuring equal 

16 protection pursuant to Congress’ power to en17 force the 5th and 14th amendments to the 

18 United States Constitution. 

19 (5) With increased information about the provi20 sions added by the Equal Pay Act of 1963 (29 

21 U.S.C. 206) and generalized wage data, along with 

22 more effective remedies, women will be better able to 

23 recognize and enforce their rights to equal pay for 

24 work on jobs that require equal skill, effort, and re-
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1 sponsibility and that are performed under similar 

2 working conditions.

3 (6) Certain employers have already made great 

4 strides in eradicating unfair pay disparities in the 

5 workplace and their achievements should be recog6 nized. 

7 SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY RE8 QUIREMENTS. 

9 (a) REQUIRED DEMONSTRATION FOR AFFIRMATIVE

10 DEFENSE.—Section 6(d)(1) (29 U.S.C. 206(d)(1)) is 

11 amended—

12 (1) by inserting ‘‘(A)’’ after ‘‘(d)(1)’’; and 

13 (2) by striking ‘‘(iv) a differential’’ and all that 

14 follows through the period and inserting the fol15 lowing: ‘‘(iv) a differential based on a bona fide fac16 tor other than sex, such as education, training, or 

17 experience, except that this clause shall apply only 

18 if—

19 ‘‘(I) the employer demonstrates that—

20 ‘‘(aa) such factor—

21 ‘‘(AA) is job-related with respect to 

22 the position in question; or 

23 ‘‘(BB) furthers a legitimate business 

24 purpose, except that this item shall not 

25 apply where the employee demonstrates 
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1 that an alternative employment practice 

2 exists that would serve the same business 

3 purpose without producing such differen4 tial and that the employer has refused to 

5 adopt such alternative practice; and 

6 ‘‘(bb) such factor was actually applied and 

7 used reasonably in light of the asserted jus8 tification; and 

9 ‘‘(II) if the employer makes the demonstration 

10 described in subclause (I), the employee fails to dem11 onstrate that the differential produced by the reli12 ance of the employer on the factor described in such 

13 subclause is the result of discrimination on the basis 

14 of sex by the employer. 

15 ‘‘(B) An employer that is not otherwise in compliance 

16 with this paragraph may not reduce the wages of any em17 ployee in order to achieve such compliance.’’. 

18 (b) APPLICATION OF PROVISIONS.—Section 6(d) (29 

19 U.S.C. 206(d)) is amended by adding at the end the fol20 lowing: 

21 ‘‘(5) The provisions of this subsection shall apply to 

22 applicants for employment if such applicants, upon em23 ployment by the employer applied to, would be subject to 

24 any other subsection of this section.’’. 
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1 (c) ELIMINATION OF ESTABLISHMENT REQUIRE2 MENT.—Section 6(d)(1) (29 U.S.C. 206(d)(1)) is amend3 ed—

4 (1) by striking ‘‘, within any establishment in 

5 which such employees are employed,’’; and 

6 (2) by striking ‘‘such establishment’’ each place 

7 it appears. 

8 (d) NONRETALIATION PROVISION.—Section 15(a)(3) 

9 (29 U.S.C. 215(a)(3)) is amended—

10 (1) by striking ‘‘employee’’ the first place it ap11 pears and inserting ‘‘employee (or applicant for em12 ployment in the case of an applicant described in 

13 section 6(d)(5))’’; 

14 (2) by inserting ‘‘(or applicant)’’ after ‘‘em15 ployee’’ the second place it appears; 

16 (3) by striking ‘‘or has’’ each place it appears 

17 and inserting ‘‘has’’; and 

18 (4) by inserting before the semicolon the fol19 lowing: ‘‘, has inquired about, discussed, or other20 wise disclosed the wages of the employee or another 

21 employee, or because the employee (or applicant) has 

22 made a charge, testified, assisted, or participated in 

23 any manner in an investigation, proceeding, hearing, 

24 or action under section 6(d)’’. 
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1 (e) ENHANCED PENALTIES.—Section 16(b) (29 

2 U.S.C. 216(b)) is amended—

3 (1) by inserting after the first sentence the fol4 lowing: ‘‘Any employer who violates section 6(d) 

5 shall additionally be liable for such compensatory or 

6 punitive damages as may be appropriate, except that 

7 the United States shall not be liable for punitive 

8 damages.’’; 

9 (2) in the sentence beginning ‘‘An action to’’, 

10 by striking ‘‘either of the preceding sentences’’ and 

11 inserting ‘‘any of the preceding sentences of this 

12 subsection’’; 

13 (3) in the sentence beginning ‘‘No employees 

14 shall’’, by striking ‘‘No employees’’ and inserting 

15 ‘‘Except with respect to class actions brought to en16 force section 6(d), no employee’’; 

17 (4) by inserting after the sentence referred to 

18 in paragraph (3) the following: ‘‘Notwithstanding 

19 any other provision of Federal law, any action 

20 brought to enforce section 6(d) may be maintained 

21 as a class action as provided by the Federal Rules 

22 of Civil Procedure.’’; and 

23 (5) in the sentence beginning ‘‘The court in’’—

24 (A) by striking ‘‘in such action’’ and in25 serting ‘‘in any action brought to recover the li-
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1 ability prescribed in any of the preceding sen2 tences of this subsection’’; and 

3 (B) by inserting before the period the fol4 lowing: ‘‘, including expert fees’’.

5 (f) ACTION BY SECRETARY.—Section 16(c) (29 

6 U.S.C. 216(c)) is amended—

7 (1) in the first sentence—

8 (A) by inserting ‘‘or, in the case of a viola9 tion of section 6(d), additional compensatory or 

10 punitive damages,’’ before ‘‘and the agree11 ment’’; and 

12 (B) by inserting before the period the fol13 lowing: ‘‘, or such compensatory or punitive 

14 damages, as appropriate’’; 

15 (2) in the second sentence, by inserting before 

16 the period the following: ‘‘and, in the case of a viola17 tion of section 6(d), additional compensatory or pu18 nitive damages’’; 

19 (3) in the third sentence, by striking ‘‘the first 

20 sentence’’ and inserting ‘‘the first or second sen21 tence’’; and 

22 (4) in the last sentence—

23 (A) by striking ‘‘commenced in the case’’ 

24 and inserting ‘‘commenced—

25 ‘‘(1) in the case’’; 
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1 (B) by striking the period and inserting ‘‘: 

2 or’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(2) in the case of a class action brought to en5 force section 6(d), on the date on which the indi6 vidual becomes a party plaintiff to the class action.’’. 

7 SEC. 4. TRAINING. 

8 The Equal Employment Opportunity Commission 

9 and the Office of Federal Contract Compliance Programs, 

10 subject to the availability of funds appropriated under sec11 tion 9(b), shall provide training to Commission employees 

12 and affected individuals and entities on matters involving 

13 discrimination in the payment of wages. 

14 SEC. 5. RESEARCH, EDUCATION, AND OUTREACH. 

15 The Secretary of Labor shall conduct studies and 

16 provide information to employers, labor organizations, and 

17 the general public concerning the means available to elimi18 nate pay disparities between men and women, including—

19 (1) conducting and promoting research to de20 velop the means to correct expeditiously the condi21 tions leading to the pay disparities; 

22 (2) publishing and otherwise making available 

23 to employers, labor organizations, professional asso24 ciations, educational institutions, the media, and the 

25 general public the findings resulting from studies 
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1 and other materials relating to eliminating the pay 

2 disparities; 

3 (3) sponsoring and assisting State and commu4 nity informational and educational programs; 

5 (4) providing information to employers, labor 

6 organizations, professional associations, and other 

7 interested persons on the means of eliminating the 

8 pay disparities; 

9 (5) recognizing and promoting the achievements 

10 of employers, labor organizations, and professional 

11 associations that have worked to eliminate the pay 

12 disparities; and 

13 (6) convening a national summit to discuss and 

14 consider approaches for rectifying the pay dispari15 ties. 

16 SEC. 6. TECHNICAL ASSISTANCE AND EMPLOYER RECOGNI17 TION PROGRAM. 

18 (a) GUIDELINES.—

19 (1) IN GENERAL.—The Secretary of Labor shall 

20 develop guidelines to enable employers to evaluate 

21 job categories based on objective criteria such as 

22 educational requirements, skill requirements, inde23 pendence, working conditions, and responsibility, in24 cluding decisionmaking responsibility and de facto 

25 supervisory responsibility. 
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1 (2) USE.—The guidelines developed under 

2 paragraph (1) shall be designed to enable employers 

3 voluntarily to compare wages paid for different jobs 

4 to determine if the pay scales involved adequately 

5 and fairly reflect the educational requirements, skill 

6 requirements, independence, working conditions, and 

7 responsibility for each such job, with the goal of 

8 eliminating unfair pay disparities between occupa9 tions traditionally dominated by men or women. 

10 (3) PUBLICATION.—The guidelines developed 

11 under paragraph (1) shall be published in the Fed12 eral Register not later than 180 days after the date 

13 of enactment of this Act. 

14 (b) EMPLOYER RECOGNITION.—

15 (1) PURPOSE.—It is the purpose of this sub16 section to emphasize the importance, encourage the 

17 improvement, and recognize the excellence of em18 ployer efforts to pay wages to women that reflect the 

19 real value of the contributions of such women to the 

20 workplace. 

21 (2) IN GENERAL.—To carry out the purpose of 

22 this subsection, the Secretary of Labor shall estab23 lish a program under which the Secretary shall pro24 vide for the recognition of employers who, pursuant 

25 to a voluntary job evaluation conducted by the em-
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1 ployer, adjust their wage scales using the guidelines 

2 developed under subsection (a) to ensure that women

3 are paid fairly in comparison to men, but such ad4 justments shall not include the lowering of wages 

5 paid to men. 

6 (3) TECHNICAL ASSISTANCE.—The Secretary of 

7 Labor may provide technical assistance to assist an 

8 employer in carrying out an evaluation under para9 graph (2). 

10 (c) RULEMAKING.—The Secretary of Labor may 

11 make rules to carry out this section. 

12 SEC. 7. ESTABLISHMENT OF NATIONAL AWARD FOR PAY 

13 EQUITY IN THE WORKPLACE. 

14 (a) IN GENERAL.—There is established the National 

15 Award for Pay Equity in the Workplace, which shall be 

16 evidenced by a medal bearing the inscription ‘‘National 

17 Award for Pay Equity in the Workplace’’. The medal shall 

18 be of such design and materials and bear such additional 

19 inscriptions as the Secretary of Labor may prescribe. 

20 (b) CRITERIA FOR QUALIFICATION.—To qualify to 

21 receive an award under this section a business shall—

22 (1) submit a written application to the Sec23 retary of Labor, at such time, in such manner, and 

24 containing such information as the Secretary may 

25 require, including at a minimum information that 
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1 demonstrates that the business has made a substan2 tial effort to eliminate pay disparities between men 

3 and women, and deserves special recognition as a 

4 consequence; and 

5 (2) meet such additional requirements and 

6 specifications as the Secretary of Labor determines 

7 to be appropriate. 

8 (c) MAKING AND PRESENTATION OF AWARD.—

9 (1) AWARD.—After receiving recommendations 

10 from the Secretary of Labor, the President or the 

11 designated representative of the President shall an12 nually present the award described in subsection (a) 

13 to businesses that meet the qualifications described 

14 in subsection (b). 

15 (2) PRESENTATION.—The President or the des16 ignated representative of the President shall present 

17 the award under this section with such ceremonies 

18 as the President or the designated representative of 

19 the President determines to be appropriate. 

20 (d) BUSINESS.—In this section, the term ‘‘business’’ 

21 includes—

22 (1)(A) a corporation, including a nonprofit cor23 poration; 

24 (B) a partnership; 

25 (C) a professional association; 
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1 (D) a labor organization; and 

2 (E) a business entity similar to an entity de3 scribed in any of subparagraphs (A) through (D); 

4 (2) an entity carrying out an education referral 

5 program, a training program, such as an apprentice6 ship or management training program, or a similar 

7 program; and 

8 (3) an entity carrying out a joint program, 

9 formed by a combination of any entities described in 

10 paragraph (1) or (2). 

11 SEC. 8. COLLECTION OF PAY INFORMATION BY THE EQUAL 

12 EMPLOYMENT OPPORTUNITY COMMISSION. 

13 Section 709 of the Civil Rights Act of 1964 (42 

14 U.S.C. 2000e–8) is amended by adding at the end the fol15 lowing: 

16 ‘‘(f)(1) Not later than 18 months after the date of 

17 enactment of this subsection, the Commission shall—

18 ‘‘(A) complete a survey of the data that is cur19 rently available to the Federal Government relating 

20 to employee pay information for use in the enforce21 ment of Federal laws prohibiting pay discrimination 

22 and, in consultation with other relevant Federal 

23 agencies, identify additional data collections that will 

24 enhance the enforcement of such laws; and 
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1 ‘‘(B) based on the results of the survey and 

2 consultations under subparagraph (A), make rules to 

3 provide for the collection of pay information data 

4 from employers as described by the sex, race, and 

5 national origin of employees. 

6 ‘‘(2) In implementing paragraph (1), the Commission 

7 shall have as its primary consideration the most effective 

8 and efficient means for enhancing the enforcement of Fed9 eral laws prohibiting pay discrimination, and shall also 

10 consider other factors, including the imposition of burdens 

11 on employers, the frequency of required reports (including 

12 which employers should be required to prepare reports), 

13 appropriate protections for maintaining data confiden14 tiality, and the most effective format for the data collec15 tions reports.’’. 

16 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated such sums 

18 as may be necessary to carry out this Act.

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