I 

114TH CONGRESS 

2D SESSION H. R. 6293 

To prohibit an employer from inquiring about the salary history of an 

applicant for employment. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 28, 2016 

Mrs. WATSON COLEMAN introduced the following bill; which was referred to 

the Committee on Education and the Workforce, and in addition to the 

Committees on House Administration, Oversight and Government Reform, and the Judiciary, 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 prohibit an employer from inquiring about the salary 

history of an applicant for employment. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair SHARE Act of 

5 2016’’ or the ‘‘Fair Salary History Alternatives for Re6 sponsible Employment Act of 2016’’. 


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1 SEC. 2. UNLAWFUL EMPLOYMENT PRACTICES RELATED TO 

2 SALARY HISTORY OF APPLICANTS. 

3 (a) IN GENERAL.—Except as provided in subsection 

4 (b), it shall be an unlawful employment practice for any 

5 employer to make inquiries of an applicant for employ6 ment or otherwise seek information about such an appli7 cant (including through the use of any form or applica8 tion) relating to such applicant’s salary history. 

9 (b) EXCEPTION.—Notwithstanding subsection (a), an 

10 employer may make inquiries of an applicant or otherwise 

11 seek information about the applicant relating to the appli12 cant’s salary history in a case in which the employer has 

13 made an offer of employment, including the compensation 

14 amount, to the applicant and the applicant volunteers such 

15 information and provides written authorization to the em16 ployer authorizing the employer to verify such informa17 tion. 

18 SEC. 3. RULEMAKING. 

19 Not later than 1 year after the date of enactment 

20 of this Act, the Commission shall issue rules relating to 

21 the exception under section 2(b). 

22 SEC. 4. ENFORCEMENT. 

23 (a) EMPLOYEES COVERED BY TITLE VII OF THE

24 CIVIL RIGHTS ACT OF 1964.— 

25 (1) IN GENERAL.—The powers, procedures, and 

26 remedies provided in sections 705, 706, 707, 709, 


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1 710, and 711 of the Civil Rights Act of 1964 (42 

2 U.S.C. 2000e–4 et seq.) to the Commission, the At3 torney General, or any person, alleging a violation of 

4 title VII of that Act (42 U.S.C. 2000e et seq.) shall 

5 be the powers, procedures, and remedies this title 

6 provides to the Commission, the Attorney General, 

7 or any person, respectively, alleging an unlawful em8 ployment practice in violation of this title against an 

9 employee described in section 5(3)(A), except as pro10 vided in paragraphs (2) and (3). 

11 (2) COSTS AND FEES.—The powers, remedies, 

12 and procedures provided in subsections (b) and (c) 

13 of section 722 of the Revised Statutes of the United 

14 States (42 U.S.C. 1988), shall be the powers, rem15 edies, and procedures this title provides to the Com16 mission, the Attorney General, or any person, alleg17 ing such a practice. 

18 (3) DAMAGES.—The powers, remedies, and pro19 cedures provided in section 1977A of the Revised 

20 Statutes of the United States (42 U.S.C. 1981a), in21 cluding the limitations contained in subsection (b)(3) 

22 of such section 1977A, shall be the powers, rem23 edies, and procedures this title provides to the Com24 mission, the Attorney General, or any person, alleg25 ing such a practice (not an employment practice speVerDate Sep 11 2014 22:01 Oct 06, 2016 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6293.IH H6293

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1 cifically excluded from coverage under section 

2 1977A(a)(1) of the Revised Statutes of the United 

3 States). 

4 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC5 COUNTABILITY ACT OF 1995.— 

6 (1) IN GENERAL.—The powers, remedies, and 

7 procedures provided in the Congressional Account8 ability Act of 1995 (2 U.S.C. 1301 et seq.) to the 

9 Board (as defined in section 101 of that Act (2 

10 U.S.C. 1301)), or any person, alleging a violation of 

11 section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) 

12 shall be the powers, remedies, and procedures this 

13 title provides to that Board, or any person, alleging 

14 an unlawful employment practice in violation of this 

15 title against an employee described in section 

16 5(3)(B), except as provided in paragraphs (2) and 

17 (3). 

18 (2) COSTS AND FEES.—The powers, remedies, 

19 and procedures provided in subsections (b) and (c) 

20 of section 722 of the Revised Statutes of the United 

21 States (42 U.S.C. 1988), shall be the powers, rem22 edies, and procedures this title provides to that 

23 Board, or any person, alleging such a practice. 

24 (3) DAMAGES.—The powers, remedies, and pro25 cedures provided in section 1977A of the Revised 


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1 Statutes of the United States (42 U.S.C. 1981a), in2 cluding the limitations contained in subsection (b)(3) 

3 of such section 1977A, shall be the powers, rem4 edies, and procedures this title provides to that 

5 Board, or any person, alleging such a practice (not 

6 an employment practice specifically excluded from 

7 coverage under section 1977A(a)(1) of the Revised 

8 Statutes of the United States). 

9 (4) OTHER APPLICABLE PROVISIONS.—With re10 spect to a claim alleging a practice described in 

11 paragraph (1), title III of the Congressional Ac12 countability Act of 1995 (2 U.S.C. 1381 et seq.) 

13 shall apply in the same manner as such title applies 

14 with respect to a claim alleging a violation of section 

15 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)). 

16 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

17 3, UNITED STATES CODE.— 

18 (1) IN GENERAL.—The powers, remedies, and 

19 procedures provided in chapter 5 of title 3, United 

20 States Code, to the President, the Commission, the 

21 Merit Systems Protection Board, or any person, al22 leging a violation of section 411(a)(1) of that title, 

23 shall be the powers, remedies, and procedures this 

24 title provides to the President, the Commission, such 

25 Board, or any person, respectively, alleging an unVerDate Sep 11 2014 22:01 Oct 06, 2016 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6293.IH H6293

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1 lawful employment practice in violation of this title 

2 against an employee described in section 5(3)(C), ex3 cept as provided in paragraphs (2) and (3). 

4 (2) COSTS AND FEES.—The powers, remedies, 

5 and procedures provided in subsections (b) and (c) 

6 of section 722 of the Revised Statutes of the United 

7 States (42 U.S.C. 1988), shall be the powers, rem8 edies, and procedures this title provides to the Presi9 dent, the Commission, such Board, or any person, 

10 alleging such a practice. 

11 (3) DAMAGES.—The powers, remedies, and pro12 cedures provided in section 1977A of the Revised 

13 Statutes of the United States (42 U.S.C. 1981a), in14 cluding the limitations contained in subsection (b)(3) 

15 of such section 1977A, shall be the powers, rem16 edies, and procedures this title provides to the Presi17 dent, the Commission, such Board, or any person, 

18 alleging such a practice (not an employment practice 

19 specifically excluded from coverage under section 

20 1977A(a)(1) of the Revised Statutes of the United 

21 States). 

22 (d) EMPLOYEES COVERED BY GOVERNMENT EM23 PLOYEE RIGHTS ACT OF 1991.— 

24 (1) IN GENERAL.—The powers, remedies, and 

25 procedures provided in sections 302 and 304 of the 


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1 Government Employee Rights Act of 1991 (42 

2 U.S.C. 2000e–16b, 2000e–16c) to the Commission, 

3 or any person, alleging a violation of section 

4 302(a)(1) of that Act (42 U.S.C. 2000e–16b(a)(1)) 

5 shall be the powers, remedies, and procedures this 

6 title provides to the Commission, or any person, re7 spectively, alleging an unlawful employment practice 

8 in violation of this title against an employee de9 scribed in section 5(3)(D), except as provided in 

10 paragraphs (2) and (3). 

11 (2) COSTS AND FEES.—The powers, remedies, 

12 and procedures provided in subsections (b) and (c) 

13 of section 722 of the Revised Statutes of the United 

14 States (42 U.S.C. 1988), shall be the powers, rem15 edies, and procedures this title provides to the Com16 mission, or any person, alleging such a practice. 

17 (3) DAMAGES.—The powers, remedies, and pro18 cedures provided in section 1977A of the Revised 

19 Statutes of the United States (42 U.S.C. 1981a), in20 cluding the limitations contained in subsection (b)(3) 

21 of such section 1977A, shall be the powers, rem22 edies, and procedures this title provides to the Com23 mission, or any person, alleging such a practice (not 

24 an employment practice specifically excluded from 


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1 coverage under section 1977A(a)(1) of the Revised 

2 Statutes of the United States). 

3 (e) EMPLOYEES COVERED BY SECTION 717 OF THE

4 CIVIL RIGHTS ACT OF 1964.— 

5 (1) IN GENERAL.—The powers, remedies, and 

6 procedures provided in section 717 of the Civil 

7 Rights Act of 1964 (42 U.S.C. 2000e–16) to the 

8 Commission, the Attorney General, the Librarian of 

9 Congress, or any person, alleging a violation of that 

10 section shall be the powers, remedies, and proce11 dures this title provides to the Commission, the At12 torney General, the Librarian of Congress, or any 

13 person, respectively, alleging an unlawful employ14 ment practice in violation of this title against an em15 ployee or applicant described in section 5(3)(E), ex16 cept as provided in paragraphs (2) and (3). 

17 (2) COSTS AND FEES.—The powers, remedies, 

18 and procedures provided in subsections (b) and (c) 

19 of section 722 of the Revised Statutes of the United 

20 States (42 U.S.C. 1988), shall be the powers, rem21 edies, and procedures this title provides to the Com22 mission, the Attorney General, the Librarian of Con23 gress, or any person, alleging such a practice. 

24 (3) DAMAGES.—The powers, remedies, and pro25 cedures provided in section 1977A of the Revised 


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1 Statutes of the United States (42 U.S.C. 1981a), in2 cluding the limitations contained in subsection (b)(3) 

3 of such section 1977A, shall be the powers, rem4 edies, and procedures this title provides to the Com5 mission, the Attorney General, the Librarian of Con6 gress, or any person, alleging such a practice (not an 

7 employment practice specifically excluded from cov8 erage under section 1977A(a)(1) of the Revised 

9 Statutes of the United States). 

10 SEC. 5. DEFINITIONS. 

11 As used in this Act— 

12 (1) the term ‘‘Commission’’ means the Equal 

13 Employment Opportunity Commission; 

14 (2) the term ‘‘employer’’— 

15 (A) has the meaning given such term in 

16 section 701(b) of the Civil Rights Act of 1964 

17 (42 U.S.C. 2000e(b)); and 

18 (B) includes— 

19 (i) an employing office, as defined in 

20 section 101 of the Congressional Account21 ability Act of 1995 (2 U.S.C. 1301) and 

22 section 411(c) of title 3, United States 

23 Code; 

24 (ii) an entity employing a State em25 ployee described in section 304(a) of the 


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1 Government Employee Rights Act of 1991 

2 (12 U.S.C. 1220(a)); and 

3 (iii) an entity to which section 717(a) 

4 of the Civil Rights Act of 1964 (42 U.S.C. 

5 2000e–16(a)) applies; 

6 (3) the term ‘‘employee’’ means— 

7 (A) an employee (including an applicant), 

8 as defined in section 701(f) of the Civil Rights 

9 Act of 1964 (42 U.S.C. 2000e(f)); 

10 (B) a covered employee (including an ap11 plicant), as defined in section 101 of the Con12 gressional Accountability Act of 1995 (2 U.S.C. 

13 1301); 

14 (C) a covered employee (including an appli15 cant), as defined in section 411(c) of title 3, 

16 United States Code; 

17 (D) a State employee (including an appli18 cant) described in section 304(a) of the Govern19 ment Employee Rights Act of 1991 (12 U.S.C. 

20 1220(a)); or 

21 (E) an employee (including an applicant) 

22 to which section 717(a) of the Civil Rights Act 

23 of 1964 (42 U.S.C. 2000e–16(a)) applies; and 


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1 (4) the term ‘‘person’’ has the meaning given 

2 such term in section 701(a) of the Civil Rights Act 

3 of 1964 (42 U.S.C. 2000e(a)). 

4 SEC. 6. EFFECTIVE DATE. 

5 This Act shall take effect beginning 1 year after the 

6 date of the enactment of this Act. 

Æ 


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