I 

110TH CONGRESS 

1ST SESSION H. R. 1338 

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 6, 2007 

Ms. DELAURO (for herself, Mr. HALL of New York, Mr. LEVIN, Mr. LARSON

of Connecticut, Ms. DEGETTE, Ms. BORDALLO, Mr. SKELTON, Mr. 

HONDA, Ms. BERKLEY, Ms. SCHAKOWSKY, Mr. DOYLE, Mr. KILDEE, Mr. 

BOSWELL, Ms. CARSON, Mr. FILNER, Mr. OBERSTAR, Mr. WYNN, Ms. 

ESHOO, Mr. PRICE of North Carolina, Ms. SCHWARTZ, Mrs. MALONEY

of New York, Mrs. CAPPS, Mr. HINCHEY, Mr. GEORGE MILLER of California, Mr. BUTTERFIELD, Mr. MORAN of Virginia, Mr. LANTOS, Ms. 

WOOLSEY, Ms. NORTON, Mr. DINGELL, Ms. MCCOLLUM of Minnesota, 

Mr. DOGGETT, Mr. OBEY, Mr. MOORE of Kansas, Ms. KILPATRICK, Mr. 

DEFAZIO, Mr. BERMAN, Ms. ZOE LOFGREN of California, Mrs. 

CHRISTENSEN, Mr. ALLEN, Mr. SHERMAN, Mr. CONYERS, Mr. KENNEDY, Mr. RYAN of Ohio, Mr. BACA, Ms. SOLIS, Mr. ELLISON, Mrs. 

MCCARTHY of New York, and Mr. GRIJALVA) introduced the following 

bill; which was referred to the Committee on Education and Labor 

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. 

2 This Act may be cited as the ‘‘Paycheck Fairness 

3 Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress makes the following findings: 

6 (1) Women have entered the workforce in 

7 record numbers over the past 50 years. 

8 (2) Even today, women earn significantly lower 

9 pay than men for work on jobs that require equal 

10 skill, effort, and responsibility and that are per11 formed under similar working conditions. These pay 

12 disparities exist in both the private and govern13 mental sectors. In many instances, the pay dispari14 ties can only be due to continued intentional dis15 crimination or the lingering effects of past discrimi16 nation. 

17 (3) The existence of such pay disparities— 

18 (A) depresses the wages of working fami19 lies who rely on the wages of all members of the 

20 family to make ends meet; 

21 (B) undermines women’s retirement secu22 rity, which is often based on earnings while in 

23 the workforce; 

24 (C) prevents the optimum utilization of 

25 available labor resources; 

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1 (D) has been spread and perpetuated, 

2 through commerce and the channels and instru3 mentalities of commerce, among the workers of 

4 the several States; 

5 (E) burdens commerce and the free flow of 

6 goods in commerce; 

7 (F) constitutes an unfair method of com8 petition in commerce; 

9 (G) leads to labor disputes burdening and 

10 obstructing commerce and the free flow of 

11 goods in commerce; 

12 (H) interferes with the orderly and fair 

13 marketing of goods in commerce; and 

14 (I) in many instances, may deprive workers 

15 of equal protection on the basis of sex in viola16 tion of the 5th and 14th amendments. 

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

18 discrimination in the payment of wages on the basis 

19 of sex continue to exist decades after the enactment 

20 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

21 201 et seq.) and the Civil Rights Act of 1964 (42 

22 U.S.C. 2000a et seq.). 

23 (B) Elimination of such barriers would have 

24 positive effects, including— 

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1 (i) providing a solution to problems in the 

2 economy created by unfair pay disparities; 

3 (ii) substantially reducing the number of 

4 working women earning unfairly low wages, 

5 thereby reducing the dependence on public as6 sistance; 

7 (iii) promoting stable families by enabling 

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

9 (iv) remedying the effects of past discrimi10 nation on the basis of sex and ensuring that in 

11 the future workers are afforded equal protection 

12 on the basis of sex; and 

13 (v) ensuring equal protection pursuant to 

14 Congress’ power to enforce the 5th and 14th 

15 amendments. 

16 (5) The Department of Labor has important 

17 and unique responsibilities to help ensure that 

18 women receive equal pay for doing work that is sub19 stantially equal to men’s work. 

20 (6) The Department of Labor is responsible 

21 for— 

22 (A) collecting and making publicly avail23 able information about women’s pay; 

24 (B) ensuring that companies receiving 

25 Federal contracts comply with anti-discriminamstockstill on PROD1PC66 with BILLS

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1 tion affirmative action requirements of Execu2 tive Order 11246 (relating to equal employment 

3 opportunity); 

4 (C) disseminating information about wom5 en’s rights in the workplace; 

6 (D) helping women who have been victims 

7 of pay discrimination obtain a remedy; and 

8 (E) being proactive in investigating and 

9 prosecuting equal pay violations, especially sys10 temic violations, and in enforcing all of its man11 dates. 

12 (7) With a stronger commitment by the Depart13 ment of Labor to its responsibilities, increased infor14 mation about the provisions added by the Equal Pay 

15 Act of 1963, wage data, and more effective rem16 edies, women will be better able to recognize and en17 force their rights. 

18 (8) Certain employers have already made great 

19 strides in eradicating unfair pay disparities in the 

20 workplace and their achievements should be recog21 nized. 

22 SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY RE23 QUIREMENTS. 

24 (a) REQUIRED DEMONSTRATION FOR AFFIRMATIVE

25 DEFENSE.—Section 6(d)(1) of the Fair Labor Standards 

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1 Act of 1938 (29 U.S.C. 206(d)(1)) is amended by striking 

2 ‘‘(iv) a differential’’ and all that follows through the period 

3 and inserting the following: ‘‘(iv) a differential based on 

4 a bona fide factor other than sex, such as education, train5 ing or experience, except that the bona fide factor defense 

6 shall apply only if— 

7 ‘‘(I) the employer demonstrates that— 

8 ‘‘(aa) such factor— 

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

10 the position in question; or 

11 ‘‘(BB) furthers a legitimate business 

12 purpose, except that this item shall not 

13 apply where the employee demonstrates 

14 that an alternative employment practice 

15 exists that would serve the same business 

16 purpose without producing such differen17 tial and that the employer has refused to 

18 adopt such alternative practice; and 

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

20 used reasonably in light of the asserted jus21 tification; and 

22 ‘‘(II) upon the employer succeeding under sub23 clause (I), the employee fails to demonstrate that 

24 the differential produced by the reliance of the emmstockstill on PROD1PC66 with BILLS

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1 ployer on such factor is itself the result of discrimi2 nation on the basis of sex by the employer. 

3 An employer that is not otherwise in compliance with this 

4 paragraph may not reduce the wages of any employee in 

5 order to achieve such compliance.’’ 

6 (b) APPLICATION OF PROVISIONS.—Section 6(d)(1) 

7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

8 206(d)(1)) is amended by adding at the end the following: 

9 ‘‘The provisions of this subsection shall apply to applicants 

10 for employment if such applicants, upon employment by 

11 the employer, would be subject to any provisions of this 

12 section.’’. 

13 (c) ELIMINATION OF ESTABLISHMENT REQUIRE14 MENT.—Section 6(d) of the Fair Labor Standards Act of 

15 1938 (29 U.S.C. 206(d)) is amended— 

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

17 which such employees are employed,’’; and 

18 (2) by striking ‘‘in such establishment’’ each 

19 place it appears. 

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

21 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

22 215(a)(3)) is amended— 

23 (1) by striking ‘‘or has’’ each place it appears 

24 and inserting ‘‘has’’; and 

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1 (2) by inserting before the semicolon the fol2 lowing: ‘‘, or has inquired about, discussed, or other3 wise disclosed the wages of the employee or another 

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

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

6 any manner in an investigation, proceeding, hearing, 

7 or action under section 6(d)’’. 

8 (e) ENHANCED PENALTIES.—Section 16(b) of the 

9 Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is 

10 amended— 

11 (1) by inserting after the first sentence the fol12 lowing: ‘‘Any employer who violates section 6(d) 

13 shall additionally be liable for such compensatory or 

14 punitive damages as may be appropriate, except that 

15 the United States shall not be liable for punitive 

16 damages.’’; 

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

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

19 inserting ‘‘any of the preceding sentences of this 

20 subsection’’; 

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

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

23 ‘‘Except with respect to class actions brought to en24 force section 6(d), no employee’’; 

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1 (4) by inserting after the sentence referred to 

2 in paragraph (3), the following: ‘‘Notwithstanding 

3 any other provision of Federal law, any action 

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

5 as a class action as provided by the Federal Rules 

6 of Civil Procedure.’’; and 

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

8 (A) by striking ‘‘in such action’’ and in9 serting ‘‘in any action brought to recover the li10 ability prescribed in any of the preceding sen11 tences of this subsection’’; and 

12 (B) by inserting before the period the fol13 lowing: ‘‘, including expert fees’’. 

14 (f) ACTION BY SECRETARY.—Section 16(c) of the 

15 Fair Labor Standards Act of 1938 (29 U.S.C. 216(c)) is 

16 amended— 

17 (1) in the first sentence— 

18 (A) by inserting ‘‘or, in the case of a viola19 tion of section 6(d), additional compensatory or 

20 punitive damages,’’ before ‘‘and the agree21 ment’’; and 

22 (B) by inserting before the period the fol23 lowing: ‘‘, or such compensatory or punitive 

24 damages, as appropriate’’; 

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

2 the period the following: ‘‘and, in the case of a viola3 tion of section 6(d), additional compensatory or pu4 nitive damages’’; 

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

6 sentence’’ and inserting ‘‘the first or second sen7 tence’’; and 

8 (4) in the last sentence— 

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

10 and inserting ‘‘commenced— 

11 ‘‘(1) in the case’’; 

12 (B) by striking the period and inserting ‘‘; 

13 or’’; and 

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

15 ‘‘(2) in the case of a class action brought to en16 force section 6(d), on the date on which the indi17 vidual becomes a party plaintiff to the class action’’. 

18 SEC. 4. TRAINING. 

19 The Equal Employment Opportunity Commission 

20 and the Office of Federal Contract Compliance Programs, 

21 subject to the availability of funds appropriated under sec22 tion 11, shall provide training to Commission employees 

23 and affected individuals and entities on matters involving 

24 discrimination in the payment of wages. 

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1 SEC. 5. NEGOTIATION SKILLS TRAINING FOR GIRLS AND 

2 WOMEN. 

3 (a) PROGRAM AUTHORIZED.— 

4 (1) IN GENERAL.—The Secretary of Labor, 

5 after consultation with the Secretary of Education, 

6 is authorized to establish and carry out a grant pro7 gram. 

8 (2) GRANTS.—In carrying out the program, the 

9 Secretary of Labor may make grants on a competi10 tive basis to eligible entities, to carry out negotiation 

11 skills training programs for girls and women. 

12 (3) ELIGIBLE ENTITIES.—To be eligible to re13 ceive a grant under this subsection, an entity shall 

14 be a public agency, such as a State, a local govern15 ment in a metropolitan statistical area (as defined 

16 by the Office of Management and Budget), a State 

17 educational agency, or a local educational agency, a 

18 private nonprofit organization, or a community19 based organization. 

20 (4) APPLICATION.—To be eligible to receive a 

21 grant under this subsection, an entity shall submit 

22 an application to the Secretary of Labor at such 

23 time, in such manner, and containing such informa24 tion as the Secretary of Labor may require. 

25 (5) USE OF FUNDS.—An entity that receives a 

26 grant under this subsection shall use the funds made 

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1 available through the grant to carry out an effective 

2 negotiation skills training program that empowers 

3 girls and women. The training provided through the 

4 program shall help girls and women strengthen their 

5 negotiation skills to allow the girls and women to ob6 tain higher salaries and the best compensation pack7 ages possible for themselves. 

8 (b) INCORPORATING TRAINING INTO EXISTING PRO9 GRAMS.—The Secretary of Labor and the Secretary of 

10 Education shall issue regulations or policy guidance that 

11 provides for integrating the negotiation skills training, to 

12 the extent practicable, into programs authorized under— 

13 (1) in the case of the Secretary of Education, 

14 the Elementary and Secondary Education Act of 

15 1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins 

16 Vocational and Technical Education Act of 1998 (20 

17 U.S.C. 2301 et seq.), the Higher Education Act of 

18 1965 (20 U.S.C. 1001 et seq.), and other programs 

19 carried out by the Department of Education that the 

20 Secretary of Education determines to be appro21 priate; and 

22 (2) in the case of the Secretary of Labor, the 

23 Workforce Investment Act of 1998 (29 U.S.C. 2801 

24 et seq.), and other programs carried out by the Demstockstill on PROD1PC66 with BILLS

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1 partment of Labor that the Secretary of Labor de2 termines to be appropriate. 

3 (c) REPORT.—Not later than 1 year after the date 

4 of enactment of this Act, and annually thereafter, the Sec5 retary of Labor and the Secretary of Education shall pre6 pare and submit to Congress a report describing the ac7 tivities conducted under this section. 

8 SEC. 6. RESEARCH, EDUCATION, AND OUTREACH. 

9 The Secretary of Labor shall conduct studies and 

10 provide information to employers, labor organizations, and 

11 the general public concerning the means available to elimi12 nate pay disparities between men and women, including— 

13 (1) conducting and promoting research to de14 velop the means to correct expeditiously the condi15 tions leading to the pay disparities; 

16 (2) publishing and otherwise making available 

17 to employers, labor organizations, professional asso18 ciations, educational institutions, the media, and the 

19 general public the findings resulting from studies 

20 and other materials, relating to eliminating the pay 

21 disparities; 

22 (3) sponsoring and assisting State and commu23 nity informational and educational programs; 

24 (4) providing information to employers, labor 

25 organizations, professional associations, and other 

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1 interested persons on the means of eliminating the 

2 pay disparities; 

3 (5) recognizing and promoting the achievements 

4 of employers, labor organizations, and professional 

5 associations that have worked to eliminate the pay 

6 disparities; and 

7 (6) convening a national summit to discuss, and 

8 consider approaches for rectifying, the pay dispari9 ties. 

10 SEC. 7. TECHNICAL ASSISTANCE AND EMPLOYER RECOGNI11 TION PROGRAM. 

12 (a) GUIDELINES.— 

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

14 develop guidelines to enable employers to evaluate 

15 job categories based on objective criteria such as 

16 educational requirements, skill requirements, inde17 pendence, working conditions, and responsibility, in18 cluding decisionmaking responsibility and de facto 

19 supervisory responsibility. 

20 (2) USE.—The guidelines developed under 

21 paragraph (1) shall be designed to enable employers 

22 voluntarily to compare wages paid for different jobs 

23 to determine if the pay scales involved adequately 

24 and fairly reflect the educational requirements, skill 

25 requirements, independence, working conditions, and 

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1 responsibility for each such job with the goal of 

2 eliminating unfair pay disparities between occupa3 tions traditionally dominated by men or women. 

4 (3) PUBLICATION.—The guidelines shall be de5 veloped under paragraph (1) and published in the 

6 Federal Register not later than 180 days after the 

7 date of enactment of this Act. 

8 (b) EMPLOYER RECOGNITION.— 

9 (1) PURPOSE.—It is the purpose of this sub10 section to emphasize the importance of, encourage 

11 the improvement of, and recognize the excellence of 

12 employer efforts to pay wages to women that reflect 

13 the real value of the contributions of such women to 

14 the workplace. 

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

16 this subsection, the Secretary of Labor shall estab17 lish a program under which the Secretary shall pro18 vide for the recognition of employers who, pursuant 

19 to a voluntary job evaluation conducted by the em20 ployer, adjust their wage scales (such adjustments 

21 shall not include the lowering of wages paid to men) 

22 using the guidelines developed under subsection (a) 

23 to ensure that women are paid fairly in comparison 

24 to men. 

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1 (3) TECHNICAL ASSISTANCE.—The Secretary of 

2 Labor may provide technical assistance to assist an 

3 employer in carrying out an evaluation under para4 graph (2). 

5 (c) REGULATIONS.—The Secretary of Labor shall 

6 promulgate such rules and regulations as may be nec7 essary to carry out this section. 

8 SEC. 8. ESTABLISHMENT OF THE NATIONAL AWARD FOR 

9 PAY EQUITY IN THE WORKPLACE. 

10 (a) IN GENERAL.—There is established the Secretary 

11 of Labor’s National Award for Pay Equity in the Work12 place, which shall be evidenced by a medal bearing the 

13 inscription ‘‘Secretary of Labor’s National Award for Pay 

14 Equity in the Workplace’’. The medal shall be of such de15 sign and materials, and bear such additional inscriptions, 

16 as the Secretary of Labor may prescribe. 

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

18 receive an award under this section a business shall— 

19 (1) submit a written application to the Sec20 retary of Labor, at such time, in such manner, and 

21 containing such information as the Secretary may 

22 require, including at a minimum information that 

23 demonstrates that the business has made substantial 

24 effort to eliminate pay disparities between men and 

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1 women, and deserves special recognition as a con2 sequence; and 

3 (2) meet such additional requirements and 

4 specifications as the Secretary of Labor determines 

5 to be appropriate. 

6 (c) MAKING AND PRESENTATION OF AWARD.— 

7 (1) AWARD.—After receiving recommendations 

8 from the Secretary of Labor, the President or the 

9 designated representative of the President shall an10 nually present the award described in subsection (a) 

11 to businesses that meet the qualifications described 

12 in subsection (b). 

13 (2) PRESENTATION.—The President or the des14 ignated representative of the President shall present 

15 the award under this section with such ceremonies 

16 as the President or the designated representative of 

17 the President may determine to be appropriate. 

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

19 includes— 

20 (1)(A) a corporation, including a nonprofit cor21 poration; 

22 (B) a partnership; 

23 (C) a professional association; 

24 (D) a labor organization; and 

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1 (E) a business entity similar to an entity de2 scribed in any of subparagraphs (A) through (D); 

3 (2) an entity carrying out an education referral 

4 program, a training program, such as an apprentice5 ship or management training program, or a similar 

6 program; and 

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

8 formed by a combination of any entities described in 

9 paragraph (1) or (2). 

10 SEC. 9. COLLECTION OF PAY INFORMATION BY THE EQUAL 

11 EMPLOYMENT OPPORTUNITY COMMISSION. 

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

13 U.S.C. 2000e–8) is amended by adding at the end the fol14 lowing: 

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

16 enactment of this subsection, the Commission shall— 

17 ‘‘(A) complete a survey of the data that is cur18 rently available to the Federal Government relating 

19 to employee pay information for use in the enforce20 ment of Federal laws prohibiting pay discrimination 

21 and, in consultation with other relevant Federal 

22 agencies, identify additional data collections that will 

23 enhance the enforcement of such laws; and 

24 ‘‘(B) based on the results of the survey and 

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1 tions to provide for the collection of pay information 

2 data from employers as described by the sex, race, 

3 and national origin of employees. 

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

5 shall have as its primary consideration the most effective 

6 and efficient means for enhancing the enforcement of Fed7 eral laws prohibiting pay discrimination. For this purpose, 

8 the Commission shall consider factors including the impo9 sition of burdens on employers, the frequency of required 

10 reports (including which employers should be required to 

11 prepare reports), appropriate protections for maintaining 

12 data confidentiality, and the most effective format for the 

13 data collection reports.’’. 

14 SEC. 10. REINSTATEMENT OF PAY EQUITY PROGRAMS AND 

15 PAY EQUITY DATA COLLECTION. 

16 (a) BUREAU OF LABOR STATISTICS DATA COLLEC17 TION.—The Commissioner of Labor Statistics shall collect 

18 data on women workers in the Current Employment Sta19 tistics survey. 

20 (b) OFFICE OF FEDERAL CONTRACT COMPLIANCE

21 PROGRAMS INITIATIVES.— 

22 (1) IN GENERAL.—The Director of the Office of 

23 Federal Contract Compliance Programs shall ensure 

24 that employees of the Office— 

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1 (A)(i) shall use the full range of investiga2 tory tools at the Office’s disposal, including pay 

3 grade methodology; 

4 (ii) in considering evidence of possible com5 pensation discrimination— 

6 (I) shall not limit its consideration to 

7 a small number of types of evidence; and 

8 (II) shall not limit its evaluation of 

9 the evidence to a small number of methods 

10 of evaluating the evidence; and 

11 (iii) shall not require a multiple regression 

12 analysis or anecdotal evidence for a compensa13 tion discrimination case; 

14 (B) for purposes of its investigative, com15 pliance, and enforcement activities, shall define 

16 ‘‘similarly situated employees’’ in a way that is 

17 consistent with and not more stringent than the 

18 definition provided in item 1 of subsection A of 

19 section 10–III of the Equal Employment Op20 portunity Commission Compliance Manual 

21 (2000), and shall consider only factors that the 

22 Office’s investigation reveals were used in mak23 ing compensation decisions; and 

24 (C) shall designate not less than half of all 

25 nonconstruction contractor establishments each 

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1 year to prepare and file the Equal Opportunity 

2 Survey, required by section 60–2.18 of title 41, 

3 Code of Federal Regulations, and shall review 

4 and utilize the responses to the survey to iden5 tify contractor establishments for further eval6 uation. 

7 (2) REGULATIONS.—In promulgating any regu8 lations with respect to the compensation discrimina9 tion cases, the Secretary of Labor, in establishing 

10 standards for similarly situated employees, shall in11 clude examples of similar jobs. 

12 (c) DEPARTMENT OF LABOR DISTRIBUTION OF

13 WAGE DISCRIMINATION INFORMATION.—The Secretary of 

14 Labor shall make readily available (in print, on the De15 partment of Labor website, and through any other forum 

16 that the Department may use to distribute compensation 

17 discrimination information), accurate information on com18 pensation discrimination, including statistics, explanations 

19 of employee rights, historical analyses of such discrimina20 tion, instructions for employers on compliance, and any 

21 other information that will assist the public in under22 standing and addressing such discrimination. 

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1 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as may be necessary to carry out this Act. 

Æ 

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