IB 

Union Calendar No. 502 

110TH CONGRESS 

2D SESSION H. R. 1338 

[Report No. 110–783] 

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 

JULY 28, 2008 

Additional sponsors: Mr. ETHERIDGE, Mr. WAXMAN, Mr. MCGOVERN, Mr. 

HOLT, Mr. WU, Ms. SLAUGHTER, Mr. SERRANO, Mr. SESTAK, Mr. 

LEWIS of Georgia, Mr. MEEKS of New York, Mr. PASTOR, Ms. BALDWIN, 

Mr. DAVIS of Illinois, Mr. FARR, Ms. JACKSON-LEE of Texas, Mrs. 

LOWEY, Ms. MATSUI, Mr. MCDERMOTT, Mr. MCNULTY, Mr. NADLER, 

Mr. STARK, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. WEXLER, Mr. 

LOEBSACK, Ms. SUTTON, Mr. TIERNEY, Ms. LINDA T. SA ́NCHEZ of California, Mr. ANDREWS, Mr. UDALL of New Mexico, Mr. AL GREEN of 

Texas, Mr. DICKS, Mr. MILLER of North Carolina, Mr. ABERCROMBIE, 

Mrs. TAUSCHER, Mr. ISRAEL, Ms. SHEA-PORTER, Ms. CLARKE, Mr. 

CROWLEY, Mr. HARE, Mr. RODRIGUEZ, Mr. SCHIFF, Mr. BISHOP of New 


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York, Mr. PAYNE, Ms. HIRONO, Mr. COURTNEY, Mr. COHEN, Mr. BRADY

of Pennsylvania, Mr. JOHNSON of Georgia, Mr. SMITH of Washington, 

Mr. ENGEL, Ms. ROYBAL-ALLARD, Mr. DELAHUNT, Mrs. NAPOLITANO, 

Mrs. JONES of Ohio, Ms. WATSON, Mr. LANGEVIN, Mr. ROTHMAN, Mrs. 

DAVIS of California, Mrs. GILLIBRAND, Mr. JACKSON of Illinois, Mr. 

WEINER, Ms. CORRINE BROWN of Florida, Mr. CAPUANO, Mr. 

CARNAHAN, Mr. FRANK of Massachusetts, Mr. GUTIERREZ, Mr. 

HOLDEN, Mr. HINOJOSA, Mr. JEFFERSON, Ms. LEE, Mr. MICHAUD, Mr. 

NEAL of Massachusetts, Mr. OLVER, Mr. PALLONE, Mr. VAN HOLLEN, 

Mr. THOMPSON of Mississippi, Ms. WASSERMAN SCHULTZ, Mr. 

RUPPERSBERGER, Mr. POMEROY, Mr. CUMMINGS, Ms. HOOLEY, Mr. 

BISHOP of Georgia, Mr. CRAMER, Mr. BERRY, Mr. FATTAH, Mr. KIND, 

Mr. MARKEY, Ms. KAPTUR, Mr. CHANDLER, Mr. GENE GREEN of Texas, 

Mr. BAIRD, Mr. MCNERNEY, Mr. WELCH of Vermont, Ms. VELA ́ZQUEZ, 

Mr. YARMUTH, Mr. MEEHAN, Ms. CASTOR, Mr. TOWNS, Mr. GONZALEZ, 

Mr. MURPHY of Connecticut, Mr. ACKERMAN, Mr. THOMPSON of California, Mr. RAHALL, Mr. REYES, Mr. BECERRA, Mr. EMANUEL, Mr. 

MOLLOHAN, Mr. WATT, Mr. PASCRELL, Mr. CLYBURN, Mr. CLAY, Mr. 

HASTINGS of Florida, Mr. RANGEL, Mr. RUSH, Ms. LINDA T. SA ́NCHEZ

of California, Mr. COSTELLO, Mr. ARCURI, Mr. HOYER, Mr. ROSS, Mr. 

MEEK of Florida, Mr. STUPAK, Mr. SCOTT of Virginia, Mr. MATHESON, 

Mr. INSLEE, Mr. KUCINICH, Ms. MOORE of Wisconsin, Ms. HARMAN, Mr. 

DAVIS of Alabama, Mr. CLEAVER, Mr. KANJORSKI, Mr. HODES, Mr. 

HIGGINS, Mr. BLUMENAUER, Mr. VISCLOSKY, Mr. ALTMIRE, Ms. 

HERSETH SANDLIN, Mr. PETERSON of Minnesota, Mr. MURTHA, Mr. 

PERLMUTTER, Mr. LINCOLN DAVIS of Tennessee, Mr. SCOTT of Georgia, 

Mr. SIRES, Mr. BOYD of Florida, Ms. WATERS, Mr. BRALEY of Iowa, Mr. 

FALEOMAVAEGA, Mr. COOPER, Mr. LARSEN of Washington, Mr. 

MELANCON, Mr. SARBANES, Mr. SPRATT, Mr. KAGEN, Mr. WILSON of 

Ohio, Mr. LYNCH, Mr. EDWARDS, Mr. WALZ of Minnesota, Mr. SNYDER, 

Mr. BARROW, Ms. GIFFORDS, Mr. MAHONEY of Florida, Mr. SALAZAR, 

Mr. SPACE, Mr. MITCHELL, Mr. SHULER, Mr. LIPINSKI, Mr. CARNEY, 

Mr. ELLSWORTH, Mr. BOREN, Mr. PATRICK J. MURPHY of Pennsylvania, 

Mr. CUELLAR, Mr. ORTIZ, Mr. KLEIN of Florida, Mr. SHAYS, Mr. MCINTYRE, Mr. UDALL of Colorado, Mr. MARSHALL, Mr. BOUCHER, Mr. 

CARDOZA, Ms. SPEIER, Mr. CARSON, Ms. RICHARDSON, and Ms. TSONGAS

JULY 28, 2008 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 


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[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 6, 2007] 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Paycheck Fairness Act’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 

7 (1) Women have entered the workforce in record 

8 numbers over the past 50 years. 

9 (2) Despite the enactment of the Equal Pay Act 

10 in 1963, many women continue to earn significantly 

11 lower pay than men for equal work. These pay dis12 parities exist in both the private and governmental 

13 sectors. In many instances, the pay disparities can 

14 only be due to continued intentional discrimination 

15 or the lingering effects of past discrimination. 

16 (3) The existence of such pay disparities— 


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1 (A) depresses the wages of working families 

2 who rely on the wages of all members of the fam3 ily to make ends meet; 

4 (B) undermines women’s retirement secu5 rity, which is often based on earnings while in 

6 the workforce; 

7 (C) prevents the optimum utilization of 

8 available labor resources; 

9 (D) has been spread and perpetuated, 

10 through commerce and the channels and instru11 mentalities of commerce, among the workers of 

12 the several States; 

13 (E) burdens commerce and the free flow of 

14 goods in commerce; 

15 (F) constitutes an unfair method of com16 petition in commerce; 

17 (G) leads to labor disputes burdening and 

18 obstructing commerce and the free flow of goods 

19 in commerce; 

20 (H) interferes with the orderly and fair 

21 marketing of goods in commerce; and 

22 (I) in many instances, may deprive workers 

23 of equal protection on the basis of sex in viola24 tion of the 5th and 14th amendments. 


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

2 discrimination in the payment of wages on the basis 

3 of sex continue to exist decades after the enactment of 

4 the Fair Labor Standards Act of 1938 (29 U.S.C. 201 

5 et seq.) and the Civil Rights Act of 1964 (42 U.S.C. 

6 2000a et seq.). 

7 (B) These barriers have resulted, in significant 

8 part, because the Equal Pay Act has not worked as 

9 Congress originally intended. Improvements and 

10 modifications to the law are necessary to ensure that 

11 the Act provides effective protection to those subject to 

12 pay discrimination on the basis of their sex. 

13 (C) Elimination of such barriers would have 

14 positive effects, including— 

15 (i) providing a solution to problems in the 

16 economy created by unfair pay disparities; 

17 (ii) substantially reducing the number of 

18 working women earning unfairly low wages, 

19 thereby reducing the dependence on public assist20 ance; 

21 (iii) promoting stable families by enabling 

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

23 (iv) remedying the effects of past discrimi24 nation on the basis of sex and ensuring that in 


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1 the future workers are afforded equal protection 

2 on the basis of sex; and 

3 (v) ensuring equal protection pursuant to 

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

5 amendments. 

6 (5) The Department of Labor and the Equal 

7 Employment Opportunity Commission have impor8 tant and unique responsibilities to help ensure that 

9 women receive equal pay for equal work. 

10 (6) The Department of Labor is responsible for— 

11 (A) collecting and making publicly avail12 able information about women’s pay; 

13 (B) ensuring that companies receiving Fed14 eral contracts comply with anti-discrimination 

15 affirmative action requirements of Executive 

16 Order 11246 (relating to equal employment op17 portunity); 

18 (C) disseminating information about wom19 en’s rights in the workplace; 

20 (D) helping women who have been victims 

21 of pay discrimination obtain a remedy; and 

22 (E) being proactive in investigating and 

23 prosecuting equal pay violations, especially sys24 temic violations, and in enforcing all of its man25 dates. 


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1 (7) The Equal Employment Opportunity Com2 mission is the primary enforcement agency for claims 

3 made under the Equal Pay Act, and issues regula4 tions and guidance on appropriate interpretations of 

5 the law. 

6 (8) With a stronger commitment by the Depart7 ment of Labor and the Equal Employment Oppor8 tunity Commission to their responsibilities, increased 

9 information about the provisions added by the Equal 

10 Pay Act of 1963, wage data, and more effective rem11 edies, women will be better able to recognize and en12 force their rights. 

13 (9) Certain employers have already made great 

14 strides in eradicating unfair pay disparities in the 

15 workplace and their achievements should be recog16 nized. 

17 SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY RE18 QUIREMENTS. 

19 (a) BONA-FIDE FACTOR DEFENSE AND MODIFICATION

20 OF SAME ESTABLISHMENT REQUIREMENT.—Section 

21 6(d)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 

22 206(d)(1)) is amended— 

23 (1) by striking ‘‘No employer having’’ and in24 serting ‘‘(A) No employer having’’; 


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1 (2) by striking ‘‘any other factor other than sex’’ 

2 and inserting ‘‘a bona fide factor other than sex, such 

3 as education, training, or experience’’; and 

4 (3) by inserting at the end the following: 

5 ‘‘(B) The bona fide factor defense described in subpara6 graph (A)(v) shall apply only if the employer demonstrates 

7 that such factor (i) is not based upon or derived from a 

8 sex-based differential in compensation; (ii) is job-related 

9 with respect to the position in question; and (iii) is con10 sistent with business necessity. Such defense shall not apply 

11 where the employee demonstrates that an alternative em12 ployment practice exists that would serve the same business 

13 purpose without producing such differential and that the 

14 employer has refused to adopt such alternative practice. 

15 ‘‘(C) For purposes of subparagraph (A), employees 

16 shall be deemed to work in the same establishment if the 

17 employees work for the same employer at workplaces located 

18 in the same county or similar political subdivision of a 

19 State. The preceding sentence shall not be construed as lim20 iting broader applications of the term ‘establishment’ con21 sistent with rules prescribed or guidance issued by the 

22 Equal Opportunity Employment Commission.’’. 

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

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

25 206(d)(1)) is further amended by adding at the end the folVerDate Aug 31 2005 22:48 Jul 28, 2008 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H1338.RH H1338

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1 lowing: ‘‘The provisions of this subsection shall apply to 

2 applicants for employment if such applicants, upon em3 ployment by the employer, would be subject to any provi4 sions of this section.’’. 

5 (c) NONRETALIATION PROVISION.—Section 15 of the 

6 Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)) 

7 is amended— 

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

9 has filed’’ and all that follows and inserting ‘‘em10 ployee— 

11 ‘‘(A) has made a charge or filed any com12 plaint or instituted or caused to be instituted 

13 any investigation, proceeding, hearing, or action 

14 under or related to this Act, including an inves15 tigation conducted by the employer, or has testi16 fied or is planning to testify or has assisted or 

17 participated in any manner in any such inves18 tigation, proceeding, hearing or action or in an 

19 investigation conducted by the employer, or has 

20 served or is planning to serve on an industry 

21 Committee; or 

22 ‘‘(B) has inquired about, discussed or dis23 closed the wages of the employee or another em24 ployee.’’; and 

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


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

2 in which an employee who has access to the wage informa3 tion of other employees as a part of such employee’s essen4 tial job functions discloses the wages of such other employees 

5 to individuals who do not otherwise have access to such in6 formation, unless such disclosure is in response to a com7 plaint or charge or in furtherance of an investigation, pro8 ceeding, hearing, or action under section 6(d) or an inves9 tigation conducted by the employer. Nothing in this sub10 section shall be construed to limit the rights of an employee 

11 provided under any other provision of law.’’. 

12 (d) ENHANCED PENALTIES.—Section 16(b) of the Fair 

13 Labor Standards Act of 1938 (29 U.S.C. 216(b)) is amend14 ed— 

15 (1) by inserting after the first sentence the fol16 lowing: ‘‘Any employer who violates section 6(d) shall 

17 additionally be liable for such compensatory damages 

18 or punitive damages as may be appropriate, except 

19 that the United States shall not be liable for punitive 

20 damages.’’; 

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

22 striking ‘‘either of the preceding sentences’’ and in23 serting ‘‘any of the preceding sentences of this sub24 section’’; 


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

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

3 ‘‘Except with respect to class actions brought to en4 force section 6(d), no employee’’; 

5 (4) by inserting after the sentence referred to in 

6 paragraph (3), the following: ‘‘Notwithstanding any 

7 other provision of Federal law, any action brought to 

8 enforce section 6(d) may be maintained as a class ac9 tion as provided by the Federal Rules of Civil Proce10 dure.’’; and 

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

12 (A) by striking ‘‘in such action’’ and insert13 ing ‘‘in any action brought to recover the liabil14 ity prescribed in any of the preceding sentences 

15 of this subsection’’; and 

16 (B) by inserting before the period the fol17 lowing: ‘‘, including expert fees’’. 

18 (e) ACTION BY SECRETARY.—Section 16(c) of the Fair 

19 Labor Standards Act of 1938 (29 U.S.C. 216(c)) is amend20 ed— 

21 (1) in the first sentence— 

22 (A) by inserting ‘‘or, in the case of a viola23 tion of section 6(d), additional compensatory or 

24 punitive damages,’’ before ‘‘and the agreement’’; 

25 and 


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1 (B) by inserting before the period the fol2 lowing: ‘‘, or such compensatory or punitive 

3 damages, as appropriate’’; 

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

5 period the following: ‘‘and, in the case of a violation 

6 of section 6(d), additional compensatory or punitive 

7 damages’’; 

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

9 sentence’’ and inserting ‘‘the first or second sentence’’; 

10 and 

11 (4) in the last sentence— 

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

13 and inserting ‘‘commenced— 

14 ‘‘(1) in the case’’; 

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

16 or’’; and 

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

18 ‘‘(2) in the case of a class action brought to en19 force section 6(d), on the date on which the individual 

20 becomes a party plaintiff to the class action.’’. 

21 SEC. 4. TRAINING. 

22 The Equal Employment Opportunity Commission and 

23 the Office of Federal Contract Compliance Programs, sub24 ject to the availability of funds appropriated under section 

25 11, shall provide training to Commission employees and afVerDate Aug 31 2005 22:48 Jul 28, 2008 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H1338.RH H1338

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1 fected individuals and entities on matters involving dis2 crimination in the payment of wages. 

3 SEC. 5. NEGOTIATION SKILLS TRAINING FOR GIRLS AND 

4 WOMEN. 

5 (a) PROGRAM AUTHORIZED.— 

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

7 consultation with the Secretary of Education, is au8 thorized to establish and carry out a grant program. 

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

10 Secretary of Labor may make grants on a competitive 

11 basis to eligible entities, to carry out negotiation skills 

12 training programs for girls and women. 

13 (3) ELIGIBLE ENTITIES.—To be eligible to re14 ceive a grant under this subsection, an entity shall be 

15 a public agency, such as a State, a local government 

16 in a metropolitan statistical area (as defined by the 

17 Office of Management and Budget), a State edu18 cational agency, or a local educational agency, a pri19 vate nonprofit organization, or a community-based 

20 organization. 

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

22 grant under this subsection, an entity shall submit an 

23 application to the Secretary of Labor at such time, in 

24 such manner, and containing such information as the 

25 Secretary of Labor may require. 


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

2 grant under this subsection shall use the funds made 

3 available through the grant to carry out an effective 

4 negotiation skills training program that empowers 

5 girls and women. The training provided through the 

6 program shall help girls and women strengthen their 

7 negotiation skills to allow the girls and women to ob8 tain higher salaries and rates of compensation that 

9 are equal to those paid to similarly-situated male em10 ployees. 

11 (b) INCORPORATING TRAINING INTO EXISTING PRO12 GRAMS.—The Secretary of Labor and the Secretary of Edu13 cation shall issue regulations or policy guidance that pro14 vides for integrating the negotiation skills training, to the 

15 extent practicable, into programs authorized under— 

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

17 Elementary and Secondary Education Act of 1965 

18 (20 U.S.C. 6301 et seq.), the Carl D. Perkins Voca19 tional and Technical Education Act of 1998 (20 

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

21 1965 (20 U.S.C. 1001 et seq.), and other programs 

22 carried out by the Department of Education that the 

23 Secretary of Education determines to be appropriate; 

24 and 


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

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

3 seq.), and other programs carried out by the Depart4 ment of Labor that the Secretary of Labor determines 

5 to be appropriate. 

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

7 enactment of this Act, and annually thereafter, the Sec8 retary of Labor and the Secretary of Education shall pre9 pare and submit to Congress a report describing the activi10 ties conducted under this section and evaluating the effec11 tiveness of such activities in achieving the purposes of this 

12 Act. 

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

14 The Secretary of Labor shall conduct studies and pro15 vide information to employers, labor organizations, and the 

16 general public concerning the means available to eliminate 

17 pay disparities between men and women, including— 

18 (1) conducting and promoting research to de19 velop the means to correct expeditiously the conditions 

20 leading to the pay disparities; 

21 (2) publishing and otherwise making available to 

22 employers, labor organizations, professional associa23 tions, educational institutions, the media, and the 

24 general public the findings resulting from studies and 


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1 other materials, relating to eliminating the pay dis2 parities; 

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 in7 terested persons on the means of eliminating the pay 

8 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. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR 

17 PAY EQUITY IN THE WORKPLACE. 

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

19 of Labor’s National Award for Pay Equity in the Work20 place, which shall be awarded, as appropriate, to encourage 

21 proactive efforts to comply with this Act. 

22 (b) CRITERIA FOR QUALIFICATION.—The Secretary of 

23 Labor shall set criteria for receipt of the award, including 

24 a requirement that an employer has made substantial effort 

25 to eliminate pay disparities between men and women, and 


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1 deserves special recognition as a consequence of such effort. 

2 The secretary shall establish procedures for the application 

3 and presentation of the award. 

4 (c) BUSINESS.—In this section, the term ‘‘employer’’ 

5 includes— 

6 (1)(A) a corporation, including a nonprofit cor7 poration; 

8 (B) a partnership; 

9 (C) a professional association; 

10 (D) a labor organization; and 

11 (E) a business entity similar to an entity de12 scribed in any of subparagraphs (A) through (D); 

13 (2) an entity carrying out an education referral 

14 program, a training program, such as an apprentice15 ship or management training program, or a similar 

16 program; and 

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

18 formed by a combination of any entities described in 

19 paragraph (1) or (2). 

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

21 EMPLOYMENT OPPORTUNITY COMMISSION. 

22 Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 

23 2000e–8) is amended by adding at the end the following: 

24 ‘‘(f)(1) Not later than 18 months after the date of en25 actment of this subsection, the Commission shall— 


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1 ‘‘(A) complete a survey of the data that is cur2 rently available to the Federal Government relating to 

3 employee pay information for use in the enforcement 

4 of Federal laws prohibiting pay discrimination and, 

5 in consultation with other relevant Federal agencies, 

6 identify additional data collections that will enhance 

7 the enforcement of such laws; and 

8 ‘‘(B) based on the results of the survey and con9 sultations under subparagraph (A), issue regulations 

10 to provide for the collection of pay information data 

11 from employers as described by the sex, race, and na12 tional origin of employees. 

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

14 shall have as its primary consideration the most effective 

15 and efficient means for enhancing the enforcement of Fed16 eral laws prohibiting pay discrimination. For this purpose, 

17 the Commission shall consider factors including the imposi18 tion of burdens on employers, the frequency of required re19 ports (including which employers should be required to pre20 pare reports), appropriate protections for maintaining data 

21 confidentiality, and the most effective format for the data 

22 collection reports.’’. 


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1 SEC. 9. REINSTATEMENT OF PAY EQUITY PROGRAMS AND 

2 PAY EQUITY DATA COLLECTION. 

3 (a) BUREAU OF LABOR STATISTICS DATA COLLEC4 TION.—The Commissioner of Labor Statistics shall con5 tinue to collect data on women workers in the Current Em6 ployment Statistics survey. 

7 (b) OFFICE OF FEDERAL CONTRACT COMPLIANCE

8 PROGRAMS INITIATIVES.—The Director of the Office of Fed9 eral Contract Compliance Programs shall ensure that em10 ployees of the Office— 

11 (1)(A) shall use the full range of investigatory 

12 tools at the Office’s disposal, including pay grade 

13 methodology; 

14 (B) in considering evidence of possible compensa15 tion discrimination— 

16 (i) shall not limit its consideration to a 

17 small number of types of evidence; and 

18 (ii) shall not limit its evaluation of the evi19 dence to a small number of methods of evalu20 ating the evidence; and 

21 (C) shall not require a multiple regression anal22 ysis or anecdotal evidence for a compensation dis23 crimination case; 

24 (2) for purposes of its investigative, compliance, 

25 and enforcement activities, shall define ‘‘similarly sit26 uated employees’’ in a way that is consistent with 


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1 and not more stringent than the definition provided 

2 in item 1 of subsection A of section 10–III of the 

3 Equal Employment Opportunity Commission Com4 pliance Manual (2000), and shall consider only fac5 tors that the Office’s investigation reveals were used 

6 in making compensation decisions; and 

7 (3) shall reinstate the Equal Opportunity Sur8 vey, as required by section 60–2.18 of title 41, Code 

9 of Federal Regulations, designating not less than half 

10 of all nonconstruction contractor establishments each 

11 year to prepare and file such survey, and shall review 

12 and utilize the responses to such survey to identify 

13 contractor establishments for further evaluation and 

14 for other enforcement purposes as appropriate. 

15 (c) DEPARTMENT OF LABOR DISTRIBUTION OF WAGE

16 DISCRIMINATION INFORMATION.—The Secretary of Labor 

17 shall make readily available (in print, on the Department 

18 of Labor website, and through any other forum that the De19 partment may use to distribute compensation discrimina20 tion information), accurate information on compensation 

21 discrimination, including statistics, explanations of em22 ployee rights, historical analyses of such discrimination, in23 structions for employers on compliance, and any other in24 formation that will assist the public in understanding and 

25 addressing such discrimination. 


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1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated $15,000,000 

3 to carry out this Act. 


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Union Calendar No. 502 

110TH CONGRESS 

2D SESSION H. R. 1338 

[Report No. 110

–783] 

A BILL 

To amend the Fair Labor Standards Act of 1938 

basis of sex, and for other purposes. discrimination in the payment of wages on the to provide more effective remedies to victims of 

JULY 28, 2008 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


pwalker on PROD1PC71 with BILLS