II 

112TH CONGRESS 

2D SESSION S. 3256 

To amend the Fair Labor Standards Act of 1938 to improve nonretaliation 

provisions relating to equal pay requirements. 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2012 

Mr. HELLER introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Fair Labor Standards Act of 1938 to improve 

nonretaliation provisions relating to equal pay requirements. 

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 ‘‘End Pay Discrimina5 tion Through Information Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) People in the United States understand that 

9 intentional workplace discrimination is wrong. 


srobinson on DSK4SPTVN1PROD with BILLS
2 

•S 3256 IS

1 (2) Equal pay for equal work is a principle and 

2 practice that should be observed by all employers. 

3 (3) Women constitute a significant portion of 

4 the workforce of the United States. 

5 (4) An increasing number of families in the 

6 United States depend on the income of a working 

7 woman. 

8 (5) Many women are pursuing or have attained 

9 postsecondary degrees or specialized training to 

10 make them strong candidates for good jobs that will 

11 provide for their families. 

12 (6) Employers that intentionally discriminate 

13 on the basis of sex should be held accountable for 

14 their wrongdoing. 

15 SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY RE16 QUIREMENTS. 

17 Section 15 of the Fair Labor Standards Act of 1938 

18 (29 U.S.C. 215) is amended— 

19 (1) in subsection (a)(3), by striking ‘‘employee 

20 has filed’’ and all that follows through ‘‘committee;’’ 

21 and inserting ‘‘employee— 

22 ‘‘(A) has made a charge or filed any com23 plaint or instituted or caused to be instituted 

24 any investigation, proceeding, hearing, or action 

25 under or related to this Act, including an invesVerDate Mar 15 2010 23:20 Jun 06, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3256.IS S3256

srobinson on DSK4SPTVN1PROD with BILLS
3 

•S 3256 IS

1 tigation conducted by the employer, or has tes2 tified or is planning to testify or has assisted or 

3 participated in any manner in any such inves4 tigation, proceeding, hearing, or action, or has 

5 served or is planning to serve on an industry 

6 committee; or 

7 ‘‘(B) has inquired about, discussed, or dis8 closed the wages of the employee or another 

9 employee;’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(c) Subsection (a)(3)(B) shall not apply to instances 

12 in which an employee who has access to the wage informa13 tion of other employees as a part of such employee’s essen14 tial job functions discloses the wages of such other employ15 ees to an individual who does not otherwise have access 

16 to such information, unless such disclosure is in response 

17 to a charge or complaint or in furtherance of an investiga18 tion, proceeding, hearing, or action under section 6(d), in19 cluding an investigation conducted by the employer. Noth20 ing in this subsection shall be construed to limit the rights 

21 of an employee provided under any other provision of 

22 law.’’. 

Æ 


srobinson on DSK4SPTVN1PROD with BILLS