II 
Calendar No. 53 
116TH CONGRESS 
1ST SESSION 
H. R. 7 
IN THE SENATE OF THE UNITED STATES 
MARCH 28, 2019 
Received 
APRIL 2, 2019 
Read the first time 
APRIL 3, 2019 
Read the second time and placed on the calendar 
AN ACT 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Paycheck Fairness 
Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) Women have entered the workforce in 
record numbers over the past 50 years. 
(2) Despite the enactment of the Equal Pay Act 
of 1963, many women continue to earn significantly 
lower pay than men for equal work. These pay dis-
parities exist in both the private and governmental 
sectors. Pay disparities are especially severe for 
women and girls of color. 
(3) In many instances, the pay disparities can 
only be due to continued intentional discrimination 
or the lingering effects of past discrimination. After 
controlling for educational attainment, occupation, 
industry, union status, race, ethnicity, and labor 
force experience roughly 40 percent of the pay gap 
remains unexplained. 
(4) The existence of such pay disparities— 
(A) depresses the wages of working fami-
lies who rely on the wages of all members of the 
family to make ends meet; 
(B) undermines women’s retirement secu-
rity, which is often based on earnings while in 
the workforce; 
(C) prevents women from realizing their 
full economic potential, particularly in terms of 
labor force participation and attachment; 
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(D) has been spread and perpetuated, 
through commerce and the channels and instru-
mentalities of commerce, among the workers of 
the several States; 
(E) burdens commerce and the free flow of 
goods in commerce; 
(F) constitutes an unfair method of com-
petition in commerce; 
(G) tends to cause labor disputes, as evi-
denced by the tens of thousands of charges filed 
with the Equal Employment Opportunity Com-
mission against employers between 2010 and 
2016; 
(H) interferes with the orderly and fair 
marketing of goods in commerce; and 
(I) in many instances, may deprive workers 
of equal protection on the basis of sex in viola-
tion of the 5th and 14th Amendments to the 
Constitution. 
(5)(A) Artificial barriers to the elimination of 
discrimination in the payment of wages on the basis 
of sex continue to exist decades after the enactment 
of the Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.) and the Civil Rights Act of 1964 (42 
U.S.C. 2000a et seq.). 
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(B) These barriers have resulted, in significant 
part, because the Equal Pay Act of 1963 has not 
worked as Congress originally intended. Improve-
ments and modifications to the law are necessary to 
ensure that the Act provides effective protection to 
those subject to pay discrimination on the basis of 
their sex. 
(C) Elimination of such barriers would have 
positive effects, including— 
(i) providing a solution to problems in the 
economy created by unfair pay disparities; 
(ii) substantially reducing the number of 
working women earning unfairly low wages, 
thereby reducing the dependence on public as-
sistance; 
(iii) promoting stable families by enabling 
all family members to earn a fair rate of pay; 
(iv) remedying the effects of past discrimi-
nation on the basis of sex and ensuring that in 
the future workers are afforded equal protection 
on the basis of sex; and 
(v) ensuring equal protection pursuant to 
Congress’ power to enforce the 5th and 14th 
Amendments to the Constitution. 
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(6) The Department of Labor and the Equal 
Employment Opportunity Commission carry out 
functions to help ensure that women receive equal 
pay for equal work. 
(7) The Department of Labor is responsible 
for— 
(A) collecting and making publicly avail-
able information about women’s pay; 
(B) ensuring that companies receiving 
Federal contracts comply with anti-discrimina-
tion affirmative action requirements of Execu-
tive Order 11246 (relating to equal employment 
opportunity); 
(C) disseminating information about wom-
en’s rights in the workplace; 
(D) helping women who have been victims 
of pay discrimination obtain a remedy; and 
(E) investigating and prosecuting systemic 
gender based pay discrimination involving gov-
ernment contractors. 
(8) The Equal Employment Opportunity Com-
mission is the primary enforcement agency for 
claims made under the Equal Pay Act of 1963, and 
issues regulations and guidance on appropriate in-
terpretations of the law. 
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(9) Vigorous implementation by the Depart-
ment of Labor and the Equal Employment Oppor-
tunity Commission, increased information as a result 
of the amendments made by this Act, wage data, 
and more effective remedies, will ensure that women 
are better able to recognize and enforce their rights. 
(10) Certain employers have already made 
great strides in eradicating unfair pay disparities in 
the workplace and their achievements should be rec-
ognized. 
SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY RE-
QUIREMENTS. 
(a) BONA FIDE FACTOR DEFENSE AND MODIFICA-
TION OF SAME ESTABLISHMENT REQUIREMENT.—Section 
6(d)(1) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 206(d)(1)) is amended— 
(1) by striking ‘‘No employer having’’ and in-
serting ‘‘(A) No employer having’’; 
(2) by striking ‘‘any other factor other than 
sex’’ and inserting ‘‘a bona fide factor other than 
sex, such as education, training, or experience’’; and 
(3) by inserting at the end the following: 
‘‘(B) The bona fide factor defense described in sub-
paragraph (A)(iv) shall apply only if the employer dem-
onstrates that such factor (i) is not based upon or derived 
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from a sex-based differential in compensation; (ii) is job- 
related with respect to the position in question; (iii) is con-
sistent with business necessity; and (iv) accounts for the 
entire differential in compensation at issue. Such defense 
shall not apply where the employee demonstrates that an 
alternative employment practice exists that would serve 
the same business purpose without producing such dif-
ferential and that the employer has refused to adopt such 
alternative practice. 
‘‘(C) For purposes of subparagraph (A), employees 
shall be deemed to work in the same establishment if the 
employees work for the same employer at workplaces lo-
cated in the same county or similar political subdivision 
of a State. The preceding sentence shall not be construed 
as limiting broader applications of the term ‘establish-
ment’ consistent with rules prescribed or guidance issued 
by the Equal Employment Opportunity Commission.’’. 
(b) NONRETALIATION PROVISION.—Section 15 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 215) is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (3), by striking ‘‘em-
ployee has filed’’ and all that follows and insert-
ing ‘‘employee— 
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‘‘(A) has made a charge or filed any com-
plaint or instituted or caused to be instituted 
any investigation, proceeding, hearing, or action 
under or related to this Act, including an inves-
tigation conducted by the employer, or has tes-
tified or is planning to testify or has assisted or 
participated in any manner in any such inves-
tigation, proceeding, hearing or action, or has 
served or is planning to serve on an industry 
committee; or 
‘‘(B) has inquired about, discussed, or dis-
closed the wages of the employee or another 
employee (such as by inquiring or discussing 
with the employer why the wages of the em-
ployee are set at a certain rate or salary);’’; 
(B) in paragraph (5), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(6) to require an employee to sign a contract 
or waiver that would prohibit the employee from dis-
closing information about the employee’s wages.’’; 
and 
(2) by adding at the end the following: 
‘‘(c) Subsection (a)(3)(B) shall not apply to instances 
in which an employee who has access to the wage informa-
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tion of other employees as a part of such employee’s essen-
tial job functions discloses the wages of such other employ-
ees to individuals who do not otherwise have access to such 
information, unless such disclosure is in response to a 
complaint or charge or in furtherance of an investigation, 
proceeding, hearing, or action under section 6(d), includ-
ing an investigation conducted by the employer. Nothing 
in this subsection shall be construed to limit the rights 
of an employee provided under any other provision of 
law.’’. 
(c) ENHANCED PENALTIES.—Section 16(b) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is 
amended— 
(1) by inserting after the first sentence the fol-
lowing: ‘‘Any employer who violates section 6(d) 
shall additionally be liable for such compensatory 
damages, or, where the employee demonstrates that 
the employer acted with malice or reckless indiffer-
ence, punitive damages as may be appropriate, ex-
cept that the United States shall not be liable for 
punitive damages.’’; 
(2) in the sentence beginning ‘‘An action to’’, 
by striking ‘‘the preceding sentences’’ and inserting 
‘‘any of the preceding sentences of this subsection’’; 
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(3) in the sentence beginning ‘‘No employees 
shall’’, by striking ‘‘No employees’’ and inserting 
‘‘Except with respect to class actions brought to en-
force section 6(d), no employee’’; 
(4) by inserting after the sentence referred to 
in paragraph (3), the following: ‘‘Notwithstanding 
any other provision of Federal law, any action 
brought to enforce section 6(d) may be maintained 
as a class action as provided by the Federal Rules 
of Civil Procedure.’’; and 
(5) in the sentence beginning ‘‘The court in’’— 
(A) by striking ‘‘in such action’’ and in-
serting ‘‘in any action brought to recover the li-
ability prescribed in any of the preceding sen-
tences of this subsection’’; and 
(B) by inserting before the period the fol-
lowing: ‘‘, including expert fees’’. 
(d) ACTION BY SECRETARY.—Section 16(c) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 216(c)) is 
amended— 
(1) in the first sentence— 
(A) by inserting ‘‘or, in the case of a viola-
tion of section 6(d), additional compensatory or 
punitive damages, as described in subsection 
(b),’’ before ‘‘and the agreement’’; and 
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(B) by inserting before the period the fol-
lowing: ‘‘, or such compensatory or punitive 
damages, as appropriate’’; 
(2) in the second sentence, by inserting before 
the period the following: ‘‘and, in the case of a viola-
tion of section 6(d), additional compensatory or pu-
nitive damages, as described in subsection (b)’’; 
(3) in the third sentence, by striking ‘‘the first 
sentence’’ and inserting ‘‘the first or second sen-
tence’’; and 
(4) in the sixth sentence— 
(A) by striking ‘‘commenced in the case’’ 
and inserting ‘‘commenced— 
‘‘(1) in the case’’; 
(B) by striking the period and inserting ‘‘; 
or’’; and 
(C) by adding at the end the following: 
‘‘(2) in the case of a class action brought to en-
force section 6(d), on the date on which the indi-
vidual becomes a party plaintiff to the class action.’’. 
SEC. 4. TRAINING. 
The Equal Employment Opportunity Commission 
and the Office of Federal Contract Compliance Programs, 
subject to the availability of funds appropriated under sec-
tion 11, shall provide training to Commission employees 
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and affected individuals and entities on matters involving 
discrimination in the payment of wages. 
SEC. 5. NEGOTIATION SKILLS TRAINING. 
(a) PROGRAM AUTHORIZED.— 
(1) IN
GENERAL.—The Secretary of Labor, 
after consultation with the Secretary of Education, 
is authorized to establish and carry out a grant pro-
gram. 
(2) GRANTS.—In carrying out the program, the 
Secretary of Labor may make grants on a competi-
tive basis to eligible entities to carry out negotiation 
skills training programs for the purposes of address-
ing pay disparities, including through outreach to 
women and girls. 
(3) ELIGIBLE ENTITIES.—To be eligible to re-
ceive a grant under this subsection, an entity shall 
be a public agency, such as a State, a local govern-
ment in a metropolitan statistical area (as defined 
by the Office of Management and Budget), a State 
educational agency, or a local educational agency, a 
private nonprofit organization, or a community- 
based organization. 
(4) APPLICATION.—To be eligible to receive a 
grant under this subsection, an entity shall submit 
an application to the Secretary of Labor at such 
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time, in such manner, and containing such informa-
tion as the Secretary of Labor may require. 
(5) USE OF FUNDS.—An entity that receives a 
grant under this subsection shall use the funds made 
available through the grant to carry out an effective 
negotiation skills training program for the purposes 
described in paragraph (2). 
(b) INCORPORATING TRAINING INTO EXISTING PRO-
GRAMS.—The Secretary of Labor and the Secretary of 
Education shall issue regulations or policy guidance that 
provides for integrating the negotiation skills training, to 
the extent practicable, into programs authorized under— 
(1) in the case of the Secretary of Education, 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins 
Career and Technical Education Act of 2006 (20 
U.S.C. 2301 et seq.), the Higher Education Act of 
1965 (20 U.S.C. 1001 et seq.), and other programs 
carried out by the Department of Education that the 
Secretary of Education determines to be appro-
priate; and 
(2) in the case of the Secretary of Labor, the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3101 et seq.), and other programs carried 
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out by the Department of Labor that the Secretary 
of Labor determines to be appropriate. 
(c) REPORT.—Not later than 18 months after the 
date of enactment of this Act, and annually thereafter, 
the Secretary of Labor, in consultation with the Secretary 
of Education, shall prepare and submit to Congress a re-
port describing the activities conducted under this section 
and evaluating the effectiveness of such activities in 
achieving the purposes of this section. 
SEC. 6. RESEARCH, EDUCATION, AND OUTREACH. 
(a) IN GENERAL.—Not later than 18 months after 
the date of enactment of this Act, and periodically there-
after, the Secretary of Labor shall conduct studies and 
provide information to employers, labor organizations, and 
the general public concerning the means available to elimi-
nate pay disparities between men and women (including 
women who are Asian American, Black or African-Amer-
ican, Hispanic American or Latino, Native American or 
Alaska Native, Native Hawaiian or Pacific Islander, and 
White American), including— 
(1) conducting and promoting research to de-
velop the means to correct expeditiously the condi-
tions leading to the pay disparities, with specific at-
tention paid to women and girls from historically 
underrepresented and minority groups; 
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(2) publishing and otherwise making available 
to employers, labor organizations, professional asso-
ciations, educational institutions, the media, and the 
general public the findings resulting from studies 
and other materials, relating to eliminating the pay 
disparities; 
(3) sponsoring and assisting State, local, and 
community informational and educational programs; 
(4) providing information to employers, labor 
organizations, professional associations, and other 
interested persons on the means of eliminating the 
pay disparities; and 
(5) recognizing and promoting the achievements 
of employers, labor organizations, and professional 
associations that have worked to eliminate the pay 
disparities. 
(b) REPORT ON GENDER PAY GAP IN TEENAGE 
LABOR FORCE.— 
(1) REPORT
REQUIRED.—Not later than one 
year after the date of the enactment of this Act, the 
Secretary of Labor, acting through the Director of 
the Women’s Bureau and in coordination with the 
Commissioner of Labor Statistics, shall— 
(A) submit to Congress a report on the 
gender pay gap in the teenage labor force; and 
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(B) make the report available on a publicly 
accessible website of the Department of Labor. 
(2) ELEMENTS.—The report under subsection 
(a) shall include the following: 
(A) An examination of trends and potential 
solutions relating to the teenage gender pay 
gap. 
(B) An examination of how the teenage 
gender pay gap potentially translates into 
greater wage gaps in the overall labor force. 
(C) An examination of overall lifetime 
earnings and losses for informal and formal 
jobs for women, including women of color. 
(D) An examination of the teenage gender 
pay gap, including a comparison of the average 
amount earned by males and females, respec-
tively, in informal jobs, such as babysitting and 
other freelance jobs, as well as formal jobs, 
such as retail, restaurant, and customer service. 
(E) A comparison of — 
(i) the types of tasks typically per-
formed by women from the teenage years 
through adulthood within certain informal 
jobs, such as babysitting and other free-
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lance jobs, and formal jobs, such as retail, 
restaurant, and customer service; and 
(ii) the types of tasks performed by 
younger males in such positions. 
(F) Interviews and surveys with workers 
and employers relating to early gender-based 
pay discrepancies. 
(G) Recommendations for— 
(i) addressing pay inequality for 
women from the teenage years through 
adulthood, including such women of color; 
(ii) addressing any disadvantages ex-
perienced by young women with respect to 
work experience and professional develop-
ment; 
(iii) the development of standards and 
best practices for workers and employees 
to ensure better pay for young women and 
the prevention of early inequalities in the 
workplace; and 
(iv) expanding awareness for teenage 
girls on pay rates and employment rights 
in order to reduce greater inequalities in 
the overall labor force. 
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SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR 
PAY EQUITY IN THE WORKPLACE. 
(a) IN GENERAL.—There is established the Secretary 
of Labor’s National Award for Pay Equity in the Work-
place, which shall be awarded, on an annual basis, to an 
employer to encourage proactive efforts to comply with 
section 6(d) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 206(d)), as amended by this Act. 
(b) CRITERIA FOR QUALIFICATION.—The Secretary 
of Labor shall set criteria for receipt of the award, includ-
ing a requirement that an employer has made substantial 
effort to eliminate pay disparities between men and 
women, and deserves special recognition as a consequence 
of such effort. The Secretary shall establish procedures for 
the application and presentation of the award. 
(c) BUSINESS.—In this section, the term ‘‘employer’’ 
includes— 
(1)(A) a corporation, including a nonprofit cor-
poration; 
(B) a partnership; 
(C) a professional association; 
(D) a labor organization; and 
(E) a business entity similar to an entity de-
scribed in any of subparagraphs (A) through (D); 
(2) an entity carrying out an education referral 
program, a training program, such as an apprentice-
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ship or management training program, or a similar 
program; and 
(3) an entity carrying out a joint program, 
formed by a combination of any entities described in 
paragraph (1) or (2). 
SEC. 8. COLLECTION OF PAY INFORMATION BY THE EQUAL 
EMPLOYMENT OPPORTUNITY COMMISSION. 
Section 709 of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–8) is amended by adding at the end the fol-
lowing: 
‘‘(f)(1) Not later than 18 months after the date of 
enactment of this subsection, the Commission shall pro-
vide for the collection from employers of compensation 
data and other employment-related data (including hiring, 
termination, and promotion data) disaggregated by the 
sex, race, and ethnic identity of employees. 
‘‘(2) In carrying out paragraph (1), the Commission 
shall have as its primary consideration the most effective 
and efficient means for enhancing the enforcement of Fed-
eral laws prohibiting pay discrimination. For this purpose, 
the Commission shall consider factors including the impo-
sition of burdens on employers, the frequency of required 
reports (including the size of employers required to pre-
pare reports), appropriate protections for maintaining 
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data confidentiality, and the most effective format to re-
port such data. 
‘‘(3)(A) For each 12-month reporting period for an 
employer, the compensation data collected under para-
graph (1) shall include, for each range of taxable com-
pensation described in subparagraph (B), disaggregated 
by the categories described in subparagraph (E)— 
‘‘(i) the number of employees of the employer 
who earn taxable compensation in an amount that 
falls within such taxable compensation range; and 
‘‘(ii) the total number of hours worked by such 
employees. 
‘‘(B) Subject to adjustment under subparagraph (C), 
the taxable compensation ranges described in this sub-
paragraph are as follows: 
‘‘(i) Not more than $19,239. 
‘‘(ii) Not less than $19,240 and not more than 
$24,439. 
‘‘(iii) Not less than $24,440 and not more than 
$30,679. 
‘‘(iv) Not less than $30,680 and not more than 
$38,999. 
‘‘(v) Not less than $39,000 and not more than 
$49,919. 
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Fair Labor Standards Act of 1938 (29 U.S.C. 207), an 
employer may report— 
‘‘(i) in the case of a full-time employee, that 
such employee works 40 hours per week, and in the 
case of a part-time employee, that such employee 
works 20 hours per week; or 
‘‘(ii) the actual number of hours worked by 
such employee. 
‘‘(E) The categories described in this subparagraph 
shall be determined by the Commission and shall in-
clude— 
‘‘(i) race; 
‘‘(ii) ethnic identity; 
‘‘(iii) sex; and 
‘‘(iv) job categories, including the job categories 
described in the instructions for the Equal Employ-
ment Opportunity Employer Information Report 
EEO–1, as in effect on the date of the enactment 
of this subsection. 
‘‘(F) The Commission shall use the compensation 
data collected under paragraph (1)— 
‘‘(i) to enhance— 
‘‘(I) the investigation of charges filed 
under section 706 or section 6(d) of the Fair 
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Labor Standards Act of 1938 (29 U.S.C. 
206(d)); and 
‘‘(II) the allocation of resources to inves-
tigate such charges; and 
‘‘(ii) for any other purpose that the Commission 
determines appropriate. 
‘‘(G) The Commission shall annually make publicly 
available aggregate compensation data collected under 
paragraph (1) for the categories described in subpara-
graph (E), disaggregated by industry, occupation, and 
core based statistical area (as defined by the Office of 
Management and Budget). 
‘‘(4) The compensation data under paragraph (1) 
shall be collected from each employer that— 
‘‘(A) is a private employer that has 100 or 
more employees, including such an employer that is 
a contractor with the Federal Government, or a sub-
contractor at any tier thereof; or 
‘‘(B) the Commission determines appropriate.’’. 
SEC. 9. REINSTATEMENT OF PAY EQUITY PROGRAMS AND 
PAY EQUITY DATA COLLECTION. 
(a) BUREAU OF LABOR STATISTICS DATA COLLEC-
TION.—The Commissioner of Labor Statistics shall con-
tinue to collect data on women workers in the Current 
Employment Statistics survey. 
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(b) OFFICE OF FEDERAL CONTRACT COMPLIANCE 
PROGRAMS INITIATIVES.—The Director of the Office of 
Federal Contract Compliance Programs shall ensure that 
employees of the Office— 
(1)(A) shall use the full range of investigatory 
tools at the Office’s disposal, including pay grade 
methodology; 
(B) in considering evidence of possible com-
pensation discrimination— 
(i) shall not limit its consideration to a 
small number of types of evidence; and 
(ii) shall not limit its evaluation of the evi-
dence to a small number of methods of evalu-
ating the evidence; and 
(C) shall not require a multiple regression anal-
ysis or anecdotal evidence for a compensation dis-
crimination case; 
(2) for purposes of its investigative, compliance, 
and enforcement activities, shall define ‘‘similarly 
situated employees’’ in a way that is consistent with 
and not more stringent than the definition provided 
in item 1 of subsection A of section 10–III of the 
Equal Employment Opportunity Commission Com-
pliance Manual (2000), and shall consider only fac-
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tors that the Office’s investigation reveals were used 
in making compensation decisions; and 
(3) shall implement a survey to collect com-
pensation data and other employment-related data 
(including hiring, termination, and promotion data) 
and designate not less than half of all nonconstruc-
tion contractor establishments each year to prepare 
and file such survey, and shall review and utilize the 
responses to such survey to identify contractor es-
tablishments for further evaluation and for other en-
forcement purposes as appropriate. 
(c) DEPARTMENT
OF LABOR DISTRIBUTION
OF 
WAGE DISCRIMINATION INFORMATION.—The Secretary of 
Labor shall make readily available (in print, on the De-
partment of Labor website, and through any other forum 
that the Department may use to distribute compensation 
discrimination information), accurate information on com-
pensation discrimination, including statistics, explanations 
of employee rights, historical analyses of such discrimina-
tion, instructions for employers on compliance, and any 
other information that will assist the public in under-
standing and addressing such discrimination. 
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SEC. 10. PROHIBITIONS RELATING TO PROSPECTIVE EM-
PLOYEES’ SALARY AND BENEFIT HISTORY. 
(a) IN GENERAL.—The Fair Labor Standards Act of 
1938 (29 U.S.C. 201 et seq.) is amended by inserting 
after section 7 the following new section: 
‘‘SEC. 8. REQUIREMENTS AND PROHIBITIONS RELATING TO 
WAGE, SALARY, AND BENEFIT HISTORY. 
‘‘(a) IN GENERAL.—It shall be an unlawful practice 
for an employer to— 
‘‘(1) rely on the wage history of a prospective 
employee in considering the prospective employee for 
employment, including requiring that a prospective 
employee’s prior wages satisfy minimum or max-
imum criteria as a condition of being considered for 
employment; 
‘‘(2) rely on the wage history of a prospective 
employee in determining the wages for such prospec-
tive employee, except that an employer may rely on 
wage history if it is voluntarily provided by a pro-
spective employee, after the employer makes an offer 
of employment with an offer of compensation to the 
prospective employee, to support a wage higher than 
the wage offered by the employer; 
‘‘(3) seek from a prospective employee or any 
current or former employer the wage history of the 
prospective employee, except that an employer may 
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seek to confirm prior wage information only after an 
offer of employment with compensation has been 
made to the prospective employee and the prospec-
tive employee responds to the offer by providing 
prior wage information to support a wage higher 
than that offered by the employer; or 
‘‘(4) discharge or in any other manner retaliate 
against any employee or prospective employee be-
cause the employee or prospective employee— 
‘‘(A) opposed any act or practice made un-
lawful by this section; or 
‘‘(B) took an action for which discrimina-
tion is forbidden under section 15(a)(3). 
‘‘(b) DEFINITION.—In this section, the term ‘wage 
history’ means the wages paid to the prospective employee 
by the prospective employee’s current employer or previous 
employer.’’. 
(b) PENALTIES.—Section 16 of such Act (29 U.S.C. 
216) is amended by adding at the end the following new 
subsection: 
‘‘(f)(1) Any person who violates the provisions of sec-
tion 8 shall— 
‘‘(A) be subject to a civil penalty of $5,000 for 
a first offense, increased by an additional $1,000 for 
each subsequent offense, not to exceed $10,000; and 
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‘‘(B) be liable to each employee or prospective 
employee who was the subject of the violation for 
special damages not to exceed $10,000 plus attor-
neys’ fees, and shall be subject to such injunctive re-
lief as may be appropriate. 
‘‘(2) An action to recover the liability described in 
paragraph (1)(B) may be maintained against any em-
ployer (including a public agency) in any Federal or State 
court of competent jurisdiction by any one or more em-
ployees or prospective employees for and on behalf of— 
‘‘(A) the employees or prospective employees; 
and 
‘‘(B) other employees or prospective employees 
similarly situated.’’. 
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this Act. 
(b) PROHIBITION ON EARMARKS.—None of the funds 
appropriated pursuant to subsection (a) for purposes of 
the grant program in section 5 of this Act may be used 
for a congressional earmark as defined in clause 9(e) of 
rule XXI of the Rules of the House of Representatives. 
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SEC. 12. SMALL BUSINESS ASSISTANCE. 
(a) EFFECTIVE DATE.—This Act and the amend-
ments made by this Act shall take effect on the date that 
is 6 months after the date of enactment of this Act. 
(b) TECHNICAL ASSISTANCE MATERIALS.—The Sec-
retary of Labor and the Commissioner of the Equal Em-
ployment Opportunity Commission shall jointly develop 
technical assistance material to assist small enterprises in 
complying with the requirements of this Act and the 
amendments made by this Act. 
(c) SMALL BUSINESSES.—A small enterprise shall be 
exempt from the provisions of this Act, and the amend-
ments made by this Act, to the same extent that such en-
terprise is exempt from the requirements of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) pur-
suant to clauses (i) and (ii) of section 3(s)(1)(A) of such 
Act (29 U.S.C. 203(s)(1)(A)). 
SEC. 13. RULE OF CONSTRUCTION. 
Nothing in this Act, or in any amendments made by 
this Act, shall affect the obligation of employers and em-
ployees to fully comply with all applicable immigration 
laws, including being subject to any penalties, fines, or 
other sanctions. 
SEC. 14. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of that provision or amend-
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ment to particular persons or circumstances is held invalid 
or found to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, or the application of 
that provision to other persons or circumstances shall not 
be affected. 
Passed the House of Representatives March 27, 
2019. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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Calendar No. 53 
116TH CONGRESS 
1ST SESSION 
H. R. 7 
AN ACT 
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. 
APRIL 3, 2019 
Read the second time and placed on the calendar 
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