I 

118TH CONGRESS 

1ST SESSION H. R. 17 

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 10, 2023 

Ms. DELAURO (for herself, Mr. JEFFRIES, Mr. AGUILAR, Ms. CLARK of Massachusetts, Ms. PELOSI, Mr. HOYER, Mr. CLYBURN, Mr. SCOTT of Virginia, Ms. SPANBERGER, Ms. ADAMS, Ms. SALINAS, Ms. CRAIG, Ms. 

KUSTER, Ms. ESHOO, Ms. PRESSLEY, Ms. LEE of California, Ms. 

BALINT, Ms. MCCOLLUM, Mrs. WATSON COLEMAN, Ms. PETTERSEN, Ms. 

PINGREE, Ms. HOULAHAN, Ms. BUSH, Mrs. DINGELL, Ms. WASSERMAN

SCHULTZ, Ms. ROSS, Ms. DEGETTE, Ms. TITUS, Ms. MATSUI, Ms. NORTON, Ms. SLOTKIN, Ms. WILSON of Florida, Ms. MENG, Mrs. NAPOLITANO, Ms. MOORE of Wisconsin, Ms. STEVENS, Ms. SCHOLTEN, Ms. 

OMAR, Mrs. HAYES, Ms. SCHAKOWSKY, Ms. CROCKETT, Ms. WEXTON, 

Ms. TOKUDA, Mrs. BEATTY, Ms. CHU, Ms. BROWNLEY, Ms. CASTOR of 

Florida, Ms. MANNING, Ms. PORTER, Ms. SCHRIER, Ms. UNDERWOOD, 

Ms. SA ́NCHEZ, Ms. BLUNT ROCHESTER, Mrs. FLETCHER, Ms. LOIS

FRANKEL of Florida, Mrs. TRAHAN, Mrs. MCBATH, Ms. DEAN of Pennsylvania, Ms. KAPTUR, Ms. PEREZ, Ms. STRICKLAND, Ms. SCANLON, Ms. 

WATERS, Ms. STANSBURY, Ms. SHERRILL, Ms. BARRAGA ́N, Ms. WILLIAMS of Georgia, Ms. BUDZINSKI, Mrs. TORRES of California, Ms. 

VELA ́ZQUEZ, Ms. JAYAPAL, Ms. TLAIB, Ms. KELLY of Illinois, Ms. JACOBS, Ms. DAVIDS of Kansas, Mrs. CHERFILUS-MCCORMICK, Ms. JACKSON LEE, Ms. BROWN, Ms. PLASKETT, Ms. LEE of Pennsylvania, Ms. 

WILD, Mrs. LEE of Nevada, Ms. DELBENE, Ms. BONAMICI, Ms. 

KAMLAGER-DOVE, Ms. GARCIA of Texas, Ms. LEGER FERNANDEZ, Ms. 

SEWELL, Ms. HOYLE of Oregon, Mrs. FOUSHEE, Ms. ESCOBAR, Ms. 

CARAVEO, Ms. CLARKE of New York, Ms. LOFGREN, Mr. SCHIFF, Mr. 

SMITH of Washington, Mr. ESPAILLAT, Mr. GREEN of Texas, Mr. BERA, 

Mr. CARSON, Mr. KIM of New Jersey, Mr. THOMPSON of Mississippi, Mr. 

FOSTER, Mr. PASCRELL, Mr. SCHNEIDER, Mr. SHERMAN, Mr. BOYLE of 

Pennsylvania, Mr. HIGGINS of New York, Mr. RUPPERSBERGER, Mr. 

DELUZIO, Mr. ALLRED, Mr. KILDEE, Mr. DAVIS of Illinois, Mr. SOTO, 

Mr. CICILLINE, Mr. DAVID SCOTT of Georgia, Mr. TRONE, Mr. PHILLIPS, Mr. KILMER, Mr. DAVIS of North Carolina, Mr. PAYNE, Mr. NORCROSS, Mr. BEYER, Mr. EVANS, Mr. BLUMENAUER, Mr. CLEAVER, Mr. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 17 IH

SORENSEN, Mr. SWALWELL, Mr. MRVAN, Mr. PALLONE, Mr. CONNOLLY, 

Mr. IVEY, Mr. CASAR, Mr. STANTON, Mr. SABLAN, Mr. MEEKS, Mr. 

JOHNSON of Georgia, Mr. CUELLAR, Mr. AUCHINCLOSS, Mr. BOWMAN, 

Mr. MCGOVERN, Mr. RASKIN, Mr. GOLDEN of Maine, Mr. HUFFMAN, 

Mr. MOSKOWITZ, Mr. CROW, Mr. NADLER, Mr. GARCI ́A of Illinois, Mr. 

COSTA, Mr. HIMES, Mr. GOMEZ, Mr. PANETTA, Mr. CASTRO of Texas, 

Mr. COURTNEY, Mr. NEGUSE, Mr. LARSON of Connecticut, Mr. 

GARAMENDI, Mr. SARBANES, Mr. JACKSON of Illinois, Mr. MORELLE, 

Mr. GOTTHEIMER, Mr. HARDER of California, Mr. VARGAS, Mrs. SYKES, 

Mr. MULLIN, Mr. MFUME, Mr. DOGGETT, Mr. VEASEY, Mr. 

DESAULNIER, Mr. POCAN, Mr. TAKANO, Mr. CARTWRIGHT, Mr. FROST, 

Mr. LEVIN, Mr. QUIGLEY, Mr. THOMPSON of California, Mr. MCGARVEY, 

Mr. RYAN, Mr. TONKO, Mr. KRISHNAMOORTHI, Mr. GRIJALVA, Mr. RUIZ, 

Mr. NEAL, Mr. LARSEN of Washington, Mr. TORRES of New York, Mr. 

KHANNA, Mr. MENENDEZ, Mr. ROBERT GARCIA of California, Mr. 

GALLEGO, Mr. CARBAJAL, Mr. BISHOP of Georgia, Mr. PETERS, Mr. 

CASTEN, Mr. MOULTON, Mr. LYNCH, Mr. COHEN, Mr. HORSFORD, Mr. 

LIEU, Mr. CA ́RDENAS, Mr. CARTER of Louisiana, Mr. VICENTE GONZALEZ of Texas, Mr. NICKEL, Mr. KEATING, Mr. THANEDAR, Mr. 

FITZPATRICK, Mrs. MCCLELLAN, and Mr. CORREA) introduced the following bill; which was referred to the Committee on Education and the 

Workforce, and in addition to the Committee on Oversight and Accountability, 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 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 

5 Act’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•HR 17 IH

1 SEC. 2. ENHANCED ENFORCEMENT OF EQUAL PAY RE2 QUIREMENTS. 

3 (a) DEFINITIONS.—Section 3 of the Fair Labor 

4 Standards Act of 1938 (29 U.S.C. 203) is amended by 

5 adding at the end the following: 

6 ‘‘(z) ‘Sex’ includes— 

7 ‘‘(1) pregnancy, childbirth, or a related medical 

8 condition; 

9 ‘‘(2) sexual orientation or gender identity; and 

10 ‘‘(3) sex characteristics, including intersex 

11 traits. 

12 ‘‘(aa) ‘Sexual orientation’ includes homosexuality, 

13 heterosexuality, and bisexuality. 

14 ‘‘(bb) ‘Gender identity’ means the gender-related 

15 identity, appearance, mannerisms, or other gender-related 

16 characteristics of an individual, regardless of the individ17 ual’s designated sex at birth.’’. 

18 (b) BONA FIDE FACTOR DEFENSE AND MODIFICA19 TION OF SAME ESTABLISHMENT REQUIREMENT.—Section 

20 6(d)(1) of the Fair Labor Standards Act of 1938 (29 

21 U.S.C. 206(d)(1)) is amended— 

22 (1) by striking ‘‘No employer having’’ and in23 serting ‘‘(A) No employer having’’; 

24 (2) by striking ‘‘the opposite’’ and inserting 

25 ‘‘another’’; 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•HR 17 IH

1 (3) by striking ‘‘any other factor other than 

2 sex’’ and inserting ‘‘a bona fide factor other than 

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

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

5 ‘‘(B) The bona fide factor defense described in sub6 paragraph (A)(iv) shall apply only if the employer dem7 onstrates that such factor (i) is not based upon or derived 

8 from a sex-based differential in compensation; (ii) is job9 related with respect to the position in question; (iii) is con10 sistent with business necessity; and (iv) accounts for the 

11 entire differential in compensation at issue. Such defense 

12 shall not apply where the employee demonstrates that an 

13 alternative employment practice exists that would serve 

14 the same business purpose without producing such dif15 ferential and that the employer has refused to adopt such 

16 alternative practice. 

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

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

19 employees work for the same employer at workplaces lo20 cated in the same county or similar political subdivision 

21 of a State. The preceding sentence shall not be construed 

22 as limiting broader applications of the term ‘establish23 ment’ consistent with rules prescribed or guidance issued 

24 by the Equal Employment Opportunity Commission.’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•HR 17 IH

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

2 Fair Labor Standards Act of 1938 (29 U.S.C. 215) is 

3 amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (3), by striking ‘‘em6 ployee has filed’’ and all that follows and insert7 ing ‘‘employee— 

8 ‘‘(A) has made a charge or filed any com9 plaint or instituted or caused to be instituted 

10 any investigation, proceeding, hearing, or action 

11 under or related to this Act, including an inves12 tigation conducted by the employer, or has tes13 tified or is planning to testify or has assisted or 

14 participated in any manner in any such inves15 tigation, proceeding, hearing or action, or has 

16 served or is planning to serve on an industry 

17 committee; 

18 ‘‘(B) has opposed any practice made un19 lawful by this Act; or 

20 ‘‘(C) has inquired about, discussed, or dis21 closed the wages of the employee or another 

22 employee (such as by inquiring or discussing 

23 with the employer why the wages of the em24 ployee are set at a certain rate or salary);’’; 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•HR 17 IH

1 (B) in paragraph (5), by striking ‘‘and’’ at 

2 the end; 

3 (C) in paragraph (6), by striking the pe4 riod at the end and inserting ‘‘; or’’; and 

5 (D) by adding at the end the following: 

6 ‘‘(7) to require an employee to sign a contract 

7 or waiver that would prohibit the employee from dis8 closing information about the employee’s wages.’’; 

9 and 

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

11 ‘‘(c) Subsection (a)(3)(C) 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 individuals who do not otherwise have access to such 

16 information, unless such disclosure is in response to a 

17 complaint or charge or in furtherance of an investigation, 

18 proceeding, hearing, or action under section 6(d), includ19 ing an investigation conducted by the employer. Nothing 

20 in this subsection shall be construed to limit the rights 

21 of an employee provided under any other provision of 

22 law.’’. 

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

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

25 amended— 


pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•HR 17 IH

1 (1) by inserting after the first sentence the fol2 lowing: ‘‘Any employer who violates section 6(d), or 

3 who violates the provisions of section 15(a)(3) in re4 lation to section 6(d), shall additionally be liable for 

5 such compensatory damages, or, where the employee 

6 demonstrates that the employer acted with malice or 

7 reckless indifference, punitive damages as may be 

8 appropriate, except that the United States shall not 

9 be liable for punitive damages.’’; 

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

11 by striking ‘‘the preceding sentences’’ and inserting 

12 ‘‘any of the preceding sentences of this 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 liVerDate Sep 11 2014 00:16 Mar 11, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H17.IH H17

pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•HR 17 IH

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 (e) ACTION BY THE SECRETARY.—Section 16(c) of 

6 the Fair Labor Standards Act of 1938 (29 U.S.C. 216(c)) 

7 is amended— 

8 (1) in the first sentence— 

9 (A) by inserting ‘‘or, in the case of a viola10 tion of section 6(d), additional compensatory or 

11 punitive damages, as described in subsection 

12 (b),’’ before ‘‘and the agreement’’; and 

13 (B) by inserting before the period the fol14 lowing: ‘‘, or such compensatory or punitive 

15 damages, as appropriate’’; 

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

17 the period the following: ‘‘and, in the case of a viola18 tion of section 6(d), additional compensatory or pu19 nitive damages, as described in subsection (b)’’; and 

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

21 sentence’’ and inserting ‘‘the first or second sen22 tence’’. 

23 (f) ENFORCEMENT AUTHORITY.— 

24 (1) IN GENERAL.—The Equal Opportunity Em25 ployment Commission shall carry out the functions 


pbinns on DSKJLVW7X2PROD with $$_JOB
9 

•HR 17 IH

1 and authorities described in section 1 of Reorganiza2 tion Plan No. 1 of 1978 (92 Stat. 3781; 5 U.S.C. 

3 App.) to enforce and administer the provisions of 

4 section 6(d) of the Fair Labor Standards Act of 

5 1938 (29 U.S.C. 206(d)), except that the Secretary 

6 of Labor, through the Office of Federal Contract 

7 Compliance Programs, may also enforce this provi8 sion with respect to Federal contractors, Federal 

9 subcontractors, and federally assisted construction 

10 contractors, within the jurisdiction of the Office of 

11 Federal Contract Compliance Programs under Exec12 utive Order No. 11246 (42 U.S.C. 2000e note; relat13 ing to equal employment opportunity) or a successor 

14 Executive order. 

15 (2) COORDINATION.—The Equal Opportunity 

16 Employment Commission shall issue such regula17 tions as may be necessary to explain and implement 

18 the standards of such section 6(d). The Secretary of 

19 Labor may issue regulations to govern procedures 

20 for enforcement of section 6(d) by the Office of Fed21 eral Contract Compliance Programs. The Secretary 

22 of Labor and the Equal Employment Opportunity 

23 Commission shall establish other coordinating mech24 anisms as may be necessary. 


pbinns on DSKJLVW7X2PROD with $$_JOB
10 

•HR 17 IH

1 SEC. 3. TRAINING. 

2 The Equal Employment Opportunity Commission 

3 and the Secretary of Labor, acting through the Office of 

4 Federal Contract Compliance Programs, subject to the 

5 availability of funds appropriated under section 11, shall 

6 provide training to employees of the Commission and the 

7 Office of Federal Contract Compliance Programs and to 

8 affected individuals and entities on matters involving dis9 crimination in the payment of wages. 

10 SEC. 4. NEGOTIATION SKILLS TRAINING. 

11 (a) NEGOTIATION BIAS TRAINING.— 

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

13 establish a program to award contracts and grants 

14 for the purpose of training employers about the role 

15 that salary negotiation and other inconsistent wage 

16 setting practices can have on allowing bias to enter 

17 compensation. 

18 (2) TRAINING TOPICS.—Each training program 

19 established using funds under section (a) shall in20 clude an overview of how structural issues may 

21 cause inequitable earning and advancement opportu22 nities for women and people of color and assist em23 ployers in examining the impact of a range of prac24 tices on such opportunities, including— 


pbinns on DSKJLVW7X2PROD with $$_JOB
11 

•HR 17 IH

1 (A) self-auditing to identify structural 

2 issues that allow bias and inequity to enter 

3 compensation; 

4 (B) recruitment of candidates to ensure di5 verse pools of applicants; 

6 (C) salary negotiations that result in simi7 larly qualified workers entering at different 

8 rates of pay; 

9 (D) internal equity among workers with 

10 similar skills, effort, responsibility and working 

11 conditions; 

12 (E) consistent use of market rates and in13 centives driven by industry competitiveness; 

14 (F) evaluation of the rate of employee 

15 progress and advancement to higher paid posi16 tions; 

17 (G) work assignments that result in great18 er opportunity for advancement; 

19 (H) training, development and promotion 

20 opportunities; 

21 (I) impact of mid-level or senior level hir22 ing in comparison to wage rates of incumbent 

23 workers; 

24 (J) opportunities to win commissions and 

25 bonuses; 


pbinns on DSKJLVW7X2PROD with $$_JOB
12 

•HR 17 IH

1 (K) performance reviews and raises; 

2 (L) processes for adjusting pay to address 

3 inconsistency and inequity in compensation; and 

4 (M) other topics that research identifies as 

5 a common area for assumptions, bias and in6 equity to impact compensation. 

7 (b) PROGRAM AUTHORIZED.— 

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

9 after consultation with the Secretary of Education, 

10 is authorized to establish and carry out a grant pro11 gram. 

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

13 Secretary of Labor may make grants on a competi14 tive basis to eligible entities to carry out negotiation 

15 skills training programs for the purposes of address16 ing pay disparities, including through outreach to 

17 women and girls. 

18 (3) ELIGIBLE ENTITIES.—To be eligible to re19 ceive a grant under this subsection, an entity shall 

20 be a public agency, such as a State, a local govern21 ment in a metropolitan statistical area (as defined 

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

23 educational agency, or a local educational agency, a 

24 private nonprofit organization, or a community25 based organization. 


pbinns on DSKJLVW7X2PROD with $$_JOB
13 

•HR 17 IH

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

2 grant under this subsection, an entity shall submit 

3 an application to the Secretary of Labor at such 

4 time, in such manner, and containing such informa5 tion as the Secretary of Labor may require. 

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

7 grant under this subsection shall use the funds made 

8 available through the grant to carry out an effective 

9 negotiation skills training program for the purposes 

10 described in paragraph (2). 

11 (c) INCORPORATING TRAINING INTO EXISTING PRO12 GRAMS.—The Secretary of Labor and the Secretary of 

13 Education shall issue regulations or policy guidance that 

14 provides for integrating the negotiation skills training, to 

15 the extent practicable, into programs authorized under— 

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

17 the Elementary and Secondary Education Act of 

18 1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins 

19 Career and Technical Education Act of 2006 (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 appro24 priate; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
14 

•HR 17 IH

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

2 Workforce Innovation and Opportunity Act (29 

3 U.S.C. 3101 et seq.), and other programs carried 

4 out by the Department of Labor that the Secretary 

5 of Labor determines to be appropriate. 

6 (d) REPORT.—Not later than 18 months after the 

7 date of enactment of this Act, and annually thereafter, 

8 the Secretary of Labor, in consultation with the Secretary 

9 of Education, shall prepare and submit to Congress a re10 port describing the activities conducted under this section 

11 and evaluating the effectiveness of such activities in 

12 achieving the purposes of this section. 

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

14 (a) IN GENERAL.—Not later than 18 months after 

15 the date of enactment of this Act, and periodically there16 after, the Secretary of Labor shall conduct studies and 

17 provide information to employers, labor organizations, and 

18 the general public concerning the means available to elimi19 nate pay disparities between men and women (including 

20 women who are Asian American, Black or African Amer21 ican, Hispanic American or Latino, Native American or 

22 Alaska Native, Native Hawaiian or Pacific Islander, and 

23 White American), including— 

24 (1) conducting and promoting research to de25 velop the means to correct expeditiously the condiVerDate Sep 11 2014 00:16 Mar 11, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H17.IH H17

pbinns on DSKJLVW7X2PROD with $$_JOB
15 

•HR 17 IH

1 tions leading to the pay disparities, with specific at2 tention paid to women and girls from historically 

3 underrepresented and minority groups; 

4 (2) publishing and otherwise making available 

5 to employers, labor organizations, professional asso6 ciations, educational institutions, the media, and the 

7 general public the findings resulting from studies 

8 and other materials, relating to eliminating the pay 

9 disparities; 

10 (3) sponsoring and assisting State, local, and 

11 community informational and educational programs; 

12 (4) providing information to employers, labor 

13 organizations, professional associations, and other 

14 interested persons on the means of eliminating the 

15 pay disparities; and 

16 (5) recognizing and promoting the achievements 

17 of employers, labor organizations, and professional 

18 associations that have worked to eliminate the pay 

19 disparities. 

20 (b) RESEARCH ON GENDER PAY GAP IN TEENAGE

21 LABOR FORCE.— 

22 (1) RESEARCH REVIEW.—Not later than 12 

23 months after the date of the enactment of this Act, 

24 the Secretary of Labor, acting through the Director 

25 of the Women’s Bureau, shall conduct a review and 


pbinns on DSKJLVW7X2PROD with $$_JOB
16 

•HR 17 IH

1 develop a synthesis of research on the gender wage 

2 gap among younger workers existing as of the date 

3 of enactment of this Act, and shall make such review 

4 and synthesis available on a publicly accessible 

5 website of the Department of Labor. 

6 (2) AUTHORITY TO COMMISSION STUDIES.—Not 

7 later than 36 months after the date of the enact8 ment of this Act, the Secretary of Labor, acting 

9 through the Director of the Women’s Bureau, shall 

10 request proposals and commission studies that can 

11 advance knowledge on the gender wage gap among 

12 younger workers, and shall make such studies avail13 able on a publicly accessible website of the Depart14 ment of Labor. 

15 SEC. 6. ESTABLISHMENT OF THE NATIONAL AWARD FOR 

16 PAY EQUITY IN THE WORKPLACE. 

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

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

19 awarded by the Secretary of Labor in consultation with 

20 the Equal Employment Opportunity Commission, on an 

21 annual basis, to an employer to encourage proactive ef22 forts to comply with section 6(d) of the Fair Labor Stand23 ards Act of 1938 (29 U.S.C. 206(d)), as amended by this 

24 Act. 


pbinns on DSKJLVW7X2PROD with $$_JOB
17 

•HR 17 IH

1 (b) CRITERIA FOR QUALIFICATION.—The Secretary 

2 of Labor, in consultation with the Equal Employment Op3 portunity Commission, shall— 

4 (1) set criteria for receipt of the award, includ5 ing a requirement that an employer has made sub6 stantial effort to eliminate pay disparities between 

7 men and women and deserves special recognition as 

8 a consequence of such effort; and 

9 (2) establish procedures for the application and 

10 presentation of the award. 

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

12 includes— 

13 (1)(A) a corporation, including a nonprofit cor14 poration; 

15 (B) a partnership; 

16 (C) a professional association; 

17 (D) a labor organization; and 

18 (E) a business entity similar to an entity de19 scribed in any of subparagraphs (A) through (D); 

20 (2) an entity carrying out an education referral 

21 program, a training program, such as an apprentice22 ship or management training program, or a similar 

23 program; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
18 

•HR 17 IH

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

2 formed by a combination of any entities described in 

3 paragraph (1) or (2). 

4 SEC. 7. COLLECTION OF PAY INFORMATION BY THE EQUAL 

5 EMPLOYMENT OPPORTUNITY COMMISSION. 

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

7 U.S.C. 2000e–8) is amended by adding at the end the fol8 lowing: 

9 ‘‘(f)(1) Not later than 24 months after the date of 

10 enactment of this subsection, the Commission shall pro11 vide for the annual collection from employers of compensa12 tion data disaggregated by the sex, race, and national ori13 gin of employees. The Commission may also require em14 ployers to submit other employment-related data (includ15 ing hiring, termination, and promotion data) so 

16 disaggregated. 

17 ‘‘(2) In carrying out paragraph (1), the Commission 

18 shall have as its primary consideration the most effective 

19 and efficient means for enhancing the enforcement of Fed20 eral laws prohibiting pay discrimination. The Commission 

21 shall also consider factors including the imposition of bur22 dens on employers, the frequency of required reports (in23 cluding the size of employers required to prepare reports), 

24 appropriate protections for maintaining data confiden25 tiality, and the most effective format to report such data. 


pbinns on DSKJLVW7X2PROD with $$_JOB
19 

•HR 17 IH

1 ‘‘(3)(A) For each 12-month reporting period for an 

2 employer, the data collected under paragraph (1) shall in3 clude compensation data disaggregated by the categories 

4 described in subparagraph (E). 

5 ‘‘(B) For the purposes of collecting the disaggregated 

6 compensation data described in subparagraph (A), the 

7 Commission may use compensation ranges reporting— 

8 ‘‘(i) the number of employees of the employer 

9 who earn compensation in an amount that falls with10 in such compensation range; and 

11 ‘‘(ii) the total number of hours worked by such 

12 employees. 

13 ‘‘(C) If the Commission uses compensation ranges to 

14 collect the pay data described in subparagraph (A), the 

15 Commission may adjust such compensation ranges— 

16 ‘‘(i) if the Commission determines that such ad17 justment is necessary to enhance enforcement of 

18 Federal laws prohibiting pay discrimination; or 

19 ‘‘(ii) for inflation, in consultation with the Bu20 reau of Labor Statistics. 

21 ‘‘(D) In collecting data described in subparagraph 

22 (A)(ii), the Commission may provide that, with respect to 

23 an employee who the employer is not required to com24 pensate for overtime employment under section 7 of the 


pbinns on DSKJLVW7X2PROD with $$_JOB
20 

•HR 17 IH

1 Fair Labor Standards Act of 1938 (29 U.S.C. 207), an 

2 employer may report— 

3 ‘‘(i) in the case of a full-time employee, that 

4 such employee works 40 hours per week, and in the 

5 case of a part-time employee, that such employee 

6 works 20 hours per week; or 

7 ‘‘(ii) the actual number of hours worked by 

8 such employee. 

9 ‘‘(E) The categories described in this subparagraph 

10 shall be determined by the Commission and shall in11 clude— 

12 ‘‘(i) race; 

13 ‘‘(ii) national origin; 

14 ‘‘(iii) sex; and 

15 ‘‘(iv) job categories, including the job categories 

16 described in the instructions for the Equal Employ17 ment Opportunity Employer Information Report 

18 EEO–1, as in effect on the date of the enactment 

19 of this subsection. 

20 ‘‘(F) The Commission shall use the compensation 

21 data collected under paragraph (1)— 

22 ‘‘(i) to enhance— 

23 ‘‘(I) the investigation of charges filed 

24 under section 706 or section 6(d) of the Fair 


pbinns on DSKJLVW7X2PROD with $$_JOB
21 

•HR 17 IH

1 Labor Standards Act of 1938 (29 U.S.C. 

2 206(d)); and 

3 ‘‘(II) the allocation of resources to inves4 tigate such charges; and 

5 ‘‘(ii) for any other purpose that the Commission 

6 determines appropriate. 

7 ‘‘(G) The Commission shall at 18-month intervals 

8 make publicly available aggregate compensation data col9 lected under paragraph (1) for the categories described in 

10 subparagraph (E), disaggregated by industry, occupation, 

11 and core based statistical area (as defined by the Office 

12 of Management and Budget). 

13 ‘‘(4) The compensation data under paragraph (1) 

14 shall be collected from each employer that— 

15 ‘‘(A) is a private employer that has 100 or 

16 more employees, including such an employer that is 

17 a contractor with the Federal Government, or a sub18 contractor at any tier thereof; or 

19 ‘‘(B) the Commission determines appropriate.’’. 

20 SEC. 8. REINSTATEMENT OF PAY EQUITY PROGRAMS AND 

21 PAY EQUITY DATA COLLECTION. 

22 (a) BUREAU OF LABOR STATISTICS DATA COLLEC23 TION.—The Commissioner of Labor Statistics shall con24 tinue to collect data on women workers in the Current 

25 Employment Statistics survey. 


pbinns on DSKJLVW7X2PROD with $$_JOB
22 

•HR 17 IH

1 (b) OFFICE OF FEDERAL CONTRACT COMPLIANCE

2 PROGRAMS INITIATIVES.—The Director of the Office of 

3 Federal Contract Compliance Programs shall collect com4 pensation data and other employment-related data (in5 cluding, hiring, termination, and promotion data) by de6 mographics and designate not less than half of all non7 construction contractors each year to prepare and file such 

8 data, and shall review and utilize the responses to such 

9 data to identify contractors for further evaluation and for 

10 other enforcement purposes as appropriate. 

11 (c) DEPARTMENT OF LABOR DISTRIBUTION OF

12 WAGE DISCRIMINATION INFORMATION.—The Secretary of 

13 Labor shall make readily available (in print, on the De14 partment of Labor website, and through any other forum 

15 that the Department may use to distribute compensation 

16 discrimination information), accurate information on com17 pensation discrimination, including statistics, explanations 

18 of employee rights, historical analyses of such discrimina19 tion, instructions for employers on compliance, and any 

20 other information that will assist the public in under21 standing and addressing such discrimination. 


pbinns on DSKJLVW7X2PROD with $$_JOB
23 

•HR 17 IH

1 SEC. 9. PROHIBITIONS RELATING TO PROSPECTIVE EM2 PLOYEES’ SALARY AND BENEFIT HISTORY. 

3 (a) IN GENERAL.—The Fair Labor Standards Act of 

4 1938 (29 U.S.C. 201 et seq.) is amended by inserting 

5 after section 7 the following new section: 

6 ‘‘SEC. 8. REQUIREMENTS AND PROHIBITIONS RELATING TO 

7 WAGE, SALARY, AND BENEFIT HISTORY. 

8 ‘‘(a) IN GENERAL.—It shall be an unlawful practice 

9 for an employer to— 

10 ‘‘(1) rely on the wage history of a prospective 

11 employee in considering the prospective employee for 

12 employment, including requiring that a prospective 

13 employee’s prior wages satisfy minimum or max14 imum criteria as a condition of being considered for 

15 employment; 

16 ‘‘(2) rely on the wage history of a prospective 

17 employee in determining the wages for such prospec18 tive employee, except that an employer may rely on 

19 wage history if it is voluntarily provided by a pro20 spective employee, after the employer makes an offer 

21 of employment with an offer of compensation to the 

22 prospective employee, to support a wage higher than 

23 the wage offered by the employer; 

24 ‘‘(3) seek from a prospective employee or any 

25 current or former employer the wage history of the 

26 prospective employee, except that an employer may 


pbinns on DSKJLVW7X2PROD with $$_JOB
24 

•HR 17 IH

1 seek to confirm prior wage information only after an 

2 offer of employment with compensation has been 

3 made to the prospective employee and the prospec4 tive employee responds to the offer by providing 

5 prior wage information to support a wage higher 

6 than that offered by the employer; or 

7 ‘‘(4) discharge or in any other manner retaliate 

8 against any employee or prospective employee be9 cause the employee or prospective employee— 

10 ‘‘(A) opposed any act or practice made un11 lawful by this section; or 

12 ‘‘(B) took an action for which discrimina13 tion is forbidden under section 15(a)(3). 

14 ‘‘(b) DEFINITION.—In this section, the term ‘wage 

15 history’ means the wages paid to the prospective employee 

16 by the prospective employee’s current employer or previous 

17 employer.’’. 

18 (b) PENALTIES.—Section 16 of such Act (29 U.S.C. 

19 216) is amended by adding at the end the following new 

20 subsection: 

21 ‘‘(f)(1) Any person who violates the provisions of sec22 tion 8 shall— 

23 ‘‘(A) be subject to a civil penalty of $5,000 for 

24 a first offense, increased by an additional $1,000 for 

25 each subsequent offense, not to exceed $10,000; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
25 

•HR 17 IH

1 ‘‘(B) be liable to each employee or prospective 

2 employee who was the subject of the violation for 

3 special damages not to exceed $10,000 plus attor4 neys’ fees, and shall be subject to such injunctive re5 lief as may be appropriate. 

6 ‘‘(2) An action to recover the liability described in 

7 paragraph (1)(B) may be maintained against any em8 ployer (including a public agency) in any Federal or State 

9 court of competent jurisdiction by any one or more em10 ployees or prospective employees for and on behalf of— 

11 ‘‘(A) the employees or prospective employees; 

12 and 

13 ‘‘(B) other employees or prospective employees 

14 similarly situated.’’. 

15 SEC. 10. NATIONAL EQUAL PAY ENFORCEMENT TASK 

16 FORCE. 

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

18 Equal Pay Enforcement Task Force, consisting of rep19 resentatives from the Equal Employment Opportunity 

20 Commission, the Department of Justice, the Department 

21 of Labor, and the Office of Personnel Management. 

22 (b) MISSION.—In order to improve compliance, public 

23 education, and enforcement of equal pay laws, the Na24 tional Equal Pay Enforcement Task Force will ensure that 


pbinns on DSKJLVW7X2PROD with $$_JOB
26 

•HR 17 IH

1 the agencies in subsection (a) are coordinating efforts and 

2 limiting potential gaps in enforcement. 

3 (c) DUTIES.—The National Equal Pay Enforcement 

4 Task Force shall investigate challenges related to pay in5 equity pursuant to its mission in subsection (b), advance 

6 recommendations to address those challenges, and create 

7 action plans to implement the recommendations. 

8 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as may be 

11 necessary to carry out this Act. 

12 (b) PROHIBITION ON EARMARKS.—None of the funds 

13 appropriated pursuant to subsection (a) for purposes of 

14 the grant program in section 5 of this Act may be used 

15 for a congressional earmark as defined in clause 9(e) of 

16 rule XXI of the Rules of the House of Representatives. 

17 SEC. 12. SMALL BUSINESS ASSISTANCE. 

18 (a) EFFECTIVE DATE.—This Act and the amend19 ments made by this Act shall take effect on the date that 

20 is 6 months after the date of enactment of this Act. 

21 (b) TECHNICAL ASSISTANCE MATERIALS.—The Sec22 retary of Labor and the Commissioner of the Equal Em23 ployment Opportunity Commission shall jointly develop 

24 technical assistance material to assist small enterprises in 


pbinns on DSKJLVW7X2PROD with $$_JOB
27 

•HR 17 IH

1 complying with the requirements of this Act and the 

2 amendments made by this Act. 

3 (c) SMALL BUSINESSES.—A small enterprise shall be 

4 exempt from the provisions of this Act, and the amend5 ments made by this Act, to the same extent that such en6 terprise is exempt from the requirements of the Fair 

7 Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) pur8 suant to clauses (i) and (ii) of section 3(s)(1)(A) of such 

9 Act (29 U.S.C. 203(s)(1)(A)). 

10 SEC. 13. NOTICE REQUIREMENTS. 

11 (a) IN GENERAL.—Each employer shall post and 

12 keep posted, in conspicuous places on the premises of the 

13 employer where notices to employees are customarily post14 ed, a notice, to be prepared or approved by the Equal Em15 ployment Opportunity Commission and the Secretary of 

16 Labor, of the requirements described in this Act (or the 

17 amendments made by such Act). 

18 (b) RELATION TO EXISTING NOTICES.—The notice 

19 under subsection (a) may be incorporated into notices re20 quired of the employer as of the date of enactment of this 

21 Act. 

22 (c) DIGITAL NOTICE.—With respect to the notice 

23 under subsection (a), each employer shall— 

24 (1) post electronic copies of the notice on an in25 ternal website to which employees have access; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
28 

•HR 17 IH

1 (2) notify employees on such internal website of 

2 the location of the place on the premises where the 

3 notice is posted. 

4 SEC. 14. RULE OF CONSTRUCTION. 

5 Nothing in this Act, or in any amendments made by 

6 this Act, shall affect the obligation of employers and em7 ployees to fully comply with all applicable immigration 

8 laws, including being subject to any penalties, fines, or 

9 other sanctions. 

10 SEC. 15. SEVERABILITY. 

11 If any provision of this Act, an amendment made by 

12 this Act, or the application of that provision or amend13 ment to particular persons or circumstances is held invalid 

14 or found to be unconstitutional, the remainder of this Act, 

15 the amendments made by this Act, or the application of 

16 that provision to other persons or circumstances shall not 

17 be affected. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB