(7) The Equal Employment Opportunity Com-
mission is the primary enforcement agency for claims 
made under the Equal Pay Act, and issues regula-
tions and guidance on appropriate interpretations of 
the law. 
(8) With a stronger commitment by the Depart-
ment of Labor and the Equal Employment Oppor-
tunity Commission to their responsibilities, increased 
information about the provisions added by the Equal 
Pay Act of 1963, wage data, and more effective rem-
edies, women will be better able to recognize and en-
force their rights. 
(9) Certain employers have already made great 
strides in eradicating unfair pay disparities in the 
workplace and their achievements should be recog-
nized. 
SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY RE-
QUIREMENTS. 
(a) BONA-FIDE FACTOR DEFENSE AND MODIFICATION 
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’’; 
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(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 subpara-
graph (A)(v) shall apply only if the employer demonstrates 
that such factor (i) is not based upon or derived from a 
sex-based differential in compensation; (ii) is job-related 
with respect to the position in question; and (iii) is con-
sistent with business necessity. Such defense shall not apply 
where the employee demonstrates that an alternative em-
ployment practice exists that would serve the same business 
purpose without producing such differential 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 located 
in the same county or similar political subdivision of a 
State. The preceding sentence shall not be construed as lim-
iting broader applications of the term ‘establishment’ con-
sistent with rules prescribed or guidance issued by the 
Equal Opportunity Employment Commission.’’. 
(b) APPLICATION OF PROVISIONS.—Section 6(d)(1) of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 
206(d)(1)) is further amended by adding at the end the fol-
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lowing: ‘‘The provisions of this subsection shall apply to 
applicants for employment if such applicants, upon em-
ployment by the employer, would be subject to any provi-
sions of this section.’’. 
(c) NONRETALIATION PROVISION.—Section 15 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)) 
is amended— 
(1) in subsection (a)(3), by striking ‘‘employee 
has filed’’ and all that follows and inserting ‘‘em-
ployee— 
‘‘(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 testi-
fied or is planning to testify or has assisted or 
participated in any manner in any such inves-
tigation, proceeding, hearing or action or in an 
investigation conducted by the employer, 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 em-
ployee.’’; and 
(2) by adding at the end the following: 
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‘‘(c) Subsection (a)(3)(B) shall not apply to instances 
in which an employee who has access to the wage informa-
tion of other employees as a part of such employee’s essen-
tial job functions discloses the wages of such other employees 
to individuals who do not otherwise have access to such in-
formation, unless such disclosure is in response to a com-
plaint or charge or in furtherance of an investigation, pro-
ceeding, hearing, or action under section 6(d) or an inves-
tigation conducted by the employer. Nothing in this sub-
section shall be construed to limit the rights of an employee 
provided under any other provision of law.’’. 
(d) ENHANCED PENALTIES.—Section 16(b) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 216(b)) is amend-
ed— 
(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 punitive damages as may be appropriate, except 
that the United States shall not be liable for punitive 
damages.’’; 
(2) in the sentence beginning ‘‘An action to’’, by 
striking ‘‘either of the preceding sentences’’ and in-
serting ‘‘any of the preceding sentences of this sub-
section’’; 
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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 ac-
tion as provided by the Federal Rules of Civil Proce-
dure.’’; and 
(5) in the sentence beginning ‘‘The court in’’— 
(A) by striking ‘‘in such action’’ and insert-
ing ‘‘in any action brought to recover the liabil-
ity prescribed in any of the preceding sentences 
of this subsection’’; and 
(B) by inserting before the period the fol-
lowing: ‘‘, including expert fees’’. 
(e) ACTION BY SECRETARY.—Section 16(c) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 216(c)) is amend-
ed— 
(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,’’ 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 violation 
of section 6(d), additional compensatory or punitive 
damages’’; 
(3) in the third sentence, by striking ‘‘the first 
sentence’’ and inserting ‘‘the first or second sentence’’; 
and 
(4) in the last 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 individual 
becomes a party plaintiff to the class action.’’. 
SEC. 4. TRAINING. 
The Equal Employment Opportunity Commission and 
the Office of Federal Contract Compliance Programs, sub-
ject to the availability of funds appropriated under section 
11, shall provide training to Commission employees and af-
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fected individuals and entities on matters involving dis-
crimination in the payment of wages. 
SEC. 5. NEGOTIATION SKILLS TRAINING FOR GIRLS AND 
WOMEN. 
(a) PROGRAM AUTHORIZED.— 
(1) IN GENERAL.—The Secretary of Labor, after 
consultation with the Secretary of Education, is au-
thorized to establish and carry out a grant program. 
(2) GRANTS.—In carrying out the program, the 
Secretary of Labor may make grants on a competitive 
basis to eligible entities, to carry out negotiation skills 
training programs for girls and women. 
(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 government 
in a metropolitan statistical area (as defined by the 
Office of Management and Budget), a State edu-
cational agency, or a local educational agency, a pri-
vate 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 time, in 
such manner, and containing such information as the 
Secretary of Labor may require. 
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(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 that empowers 
girls and women. The training provided through the 
program shall help girls and women strengthen their 
negotiation skills to allow the girls and women to ob-
tain higher salaries and rates of compensation that 
are equal to those paid to similarly-situated male em-
ployees. 
(b) INCORPORATING TRAINING INTO EXISTING PRO-
GRAMS.—The Secretary of Labor and the Secretary of Edu-
cation shall issue regulations or policy guidance that pro-
vides 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 Voca-
tional and Technical Education Act of 1998 (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 appropriate; 
and 
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(2) in the case of the Secretary of Labor, the 
Workforce Investment Act of 1998 (29 U.S.C. 2801 et 
seq.), and other programs carried out by the Depart-
ment of Labor that the Secretary of Labor determines 
to be appropriate. 
(c) REPORT.—Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, the Sec-
retary of Labor and the Secretary of Education shall pre-
pare and submit to Congress a report describing the activi-
ties conducted under this section and evaluating the effec-
tiveness of such activities in achieving the purposes of this 
Act. 
SEC. 6. RESEARCH, EDUCATION, AND OUTREACH. 
The Secretary of Labor shall conduct studies and pro-
vide information to employers, labor organizations, and the 
general public concerning the means available to eliminate 
pay disparities between men and women, including— 
(1) conducting and promoting research to de-
velop the means to correct expeditiously the conditions 
leading to the pay disparities; 
(2) publishing and otherwise making available to 
employers, labor organizations, professional associa-
tions, educational institutions, the media, and the 
general public the findings resulting from studies and 
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other materials, relating to eliminating the pay dis-
parities; 
(3) sponsoring and assisting State and commu-
nity informational and educational programs; 
(4) providing information to employers, labor 
organizations, professional associations, and other in-
terested persons on the means of eliminating the pay 
disparities; 
(5) recognizing and promoting the achievements 
of employers, labor organizations, and professional 
associations that have worked to eliminate the pay 
disparities; and 
(6) convening a national summit to discuss, and 
consider approaches for rectifying, the pay dispari-
ties. 
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, as appropriate, to encourage 
proactive efforts to comply with this Act. 
(b) CRITERIA FOR QUALIFICATION.—The Secretary of 
Labor shall set criteria for receipt of the award, including 
a requirement that an employer has made substantial effort 
to eliminate pay disparities between men and women, and 
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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-
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 following: 
‘‘(f)(1) Not later than 18 months after the date of en-
actment of this subsection, the Commission shall— 
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‘‘(A) complete a survey of the data that is cur-
rently available to the Federal Government relating to 
employee pay information for use in the enforcement 
of Federal laws prohibiting pay discrimination and, 
in consultation with other relevant Federal agencies, 
identify additional data collections that will enhance 
the enforcement of such laws; and 
‘‘(B) based on the results of the survey and con-
sultations under subparagraph (A), issue regulations 
to provide for the collection of pay information data 
from employers as described by the sex, race, and na-
tional origin of employees. 
‘‘(2) In implementing 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 imposi-
tion of burdens on employers, the frequency of required re-
ports (including which employers should be required to pre-
pare reports), appropriate protections for maintaining data 
confidentiality, and the most effective format for the data 
collection reports.’’. 
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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 Em-
ployment Statistics survey. 
(b) OFFICE
OF FEDERAL CONTRACT COMPLIANCE 
PROGRAMS INITIATIVES.—The Director of the Office of Fed-
eral Contract Compliance Programs shall ensure that em-
ployees 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 compensa-
tion 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 sit-
uated employees’’ in a way that is consistent with 
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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-
tors that the Office’s investigation reveals were used 
in making compensation decisions; and 
(3) shall reinstate the Equal Opportunity Sur-
vey, as required by section 60–2.18 of title 41, Code 
of Federal Regulations, designating not less than half 
of all nonconstruction contractor establishments each 
year to prepare and file such survey, and shall review 
and utilize the responses to such survey to identify 
contractor establishments for further evaluation and 
for other enforcement purposes as appropriate. 
(c) DEPARTMENT OF LABOR DISTRIBUTION OF WAGE 
DISCRIMINATION INFORMATION.—The Secretary of Labor 
shall make readily available (in print, on the Department 
of Labor website, and through any other forum that the De-
partment may use to distribute compensation discrimina-
tion information), accurate information on compensation 
discrimination, including statistics, explanations of em-
ployee rights, historical analyses of such discrimination, in-
structions for employers on compliance, and any other in-
formation that will assist the public in understanding and 
addressing such discrimination. 
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SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated $15,000,000 
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 
to provide more effective remedies to victims of 
discrimination in the payment of wages on the 
basis of sex, and for other purposes. 
JULY 28, 2008 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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