Fair Salary History Alternatives for Responsible Employment Act of 2016

To prohibit an employer from inquiring about the salary history of an applicant for employment. 1. Short title This Act may be cited as the Fair SHARE Act of 2016 Fair Salary History Alternatives for Responsible Employment Act of 2016 2. Unlawful employment practices related to salary history of applicants (a) In general Except as provided in subsection (b), it shall be an unlawful employment practice for any employer to make inquiries of an applicant for employment or otherwise seek information about such an applicant (including through the use of any form or application) relating to such applicant’s salary history. (b) Exception Notwithstanding subsection (a), an employer may make inquiries of an applicant or otherwise seek information about the applicant relating to the applicant’s salary history in a case in which the employer has made an offer of employment, including the compensation amount, to the applicant and the applicant volunteers such information and provides written authorization to the employer authorizing the employer to verify such information. 3. Rulemaking Not later than 1 year after the date of enactment of this Act, the Commission shall issue rules relating to the exception under section 2(b). 4. Enforcement (a) Employees Covered by Title VII of the Civil Rights Act of 1964 (1) In general The powers, procedures, and remedies provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–4 et seq. 42 U.S.C. 2000e et seq. (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States ( 42 U.S.C. 1988 (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States ( 42 U.S.C. 1981a (b) Employees Covered by Congressional Accountability Act of 1995 (1) In general The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. 2 U.S.C. 1301 2 U.S.C. 1311(a)(1) (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States ( 42 U.S.C. 1988 (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States ( 42 U.S.C. 1981a (4) Other applicable provisions With respect to a claim alleging a practice described in paragraph (1), title III of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1381 et seq. 2 U.S.C. 1311(a)(1) (c) Employees covered by chapter 5 (1) In general The powers, remedies, and procedures provided in chapter 5 (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States ( 42 U.S.C. 1988 (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States ( 42 U.S.C. 1981a (d) Employees Covered by Government Employee Rights Act of 1991 (1) In general The powers, remedies, and procedures provided in sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b, 2000e–16c) to the Commission, or any person, alleging a violation of section 302(a)(1) of that Act (42 U.S.C. 2000e–16b(a)(1)) shall be the powers, remedies, and procedures this title provides to the Commission, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 5(3)(D), except as provided in paragraphs (2) and (3). (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States ( 42 U.S.C. 1988 (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States ( 42 U.S.C. 1981a (e) Employees Covered by section 717 of the Civil Rights Act of 1964 (1) In general The powers, remedies, and procedures provided in section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States ( 42 U.S.C. 1988 (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States ( 42 U.S.C. 1981a 5. Definitions As used in this Act— (1) the term Commission (2) the term employer (A) has the meaning given such term in section 701(b) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(b) (B) includes— (i) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 (ii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 ( 12 U.S.C. 1220(a) (iii) an entity to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) (3) the term employee (A) an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(f) (B) a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 (C) a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code; (D) a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 ( 12 U.S.C. 1220(a) (E) an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) (4) the term person 42 U.S.C. 2000e(a) 6. Effective date This Act shall take effect beginning 1 year after the date of the enactment of this Act.

Summary: Fair SHARE Act of 2016 or the Fair Salary History Alternatives for Responsible Employment Act of 2016 This bill makes it an unlawful employment practice for certain employers to seek information concerning a job applicant's salary history. An exception is established authorizing an employer to seek such information in a case in which the employer has made an offer of employment, including the compensation amount, to the applicant and the applicant volunteers such information and provides written authorization to the employer authorizing the employer to verify such information The Equal Employment Opportunity Commission shall issue rules relating to such exception. Enforcement procedures and remedies are set forth under the Civil Rights Act of 1964, Congressional Accountability Act of 1995, Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices.