‘‘(iii) a system that measures earnings by quan-
tity or quality of production; or
‘‘(iv) a differential based on a bona fide factor
other than sex, race, or national origin, such as edu-
cation, training, or experience, except that this
clause shall apply only if—
‘‘(I) the employer demonstrates that—
‘‘(aa) such factor—
‘‘(AA) is job-related with respect
to the position in question; or
‘‘(BB) furthers a legitimate busi-
ness purpose, except that this item
shall not apply if the employee dem-
onstrates that an alternative employ-
ment practice exists that would serve
the same business purpose without
producing such differential and that
the employer has refused to adopt
such alternative practice; and
‘‘(bb) such factor was actually applied
and used reasonably in light of the as-
serted justification; and
‘‘(II) upon the employer succeeding under
subclause (I), the employee fails to demonstrate
that the differential produced by the reliance of
the employer on such factor is itself the result
of discrimination on the basis of sex, race, or
national origin by the employer.
‘‘(C) The Equal Employment Opportunity Commis-
sion shall issue guidelines specifying criteria for deter-
mining whether a job is dominated by employees of a par-
ticular sex, race, or national origin. Such guidelines shall
not include a list of such jobs.
‘‘(D) An employer who is paying a wage rate differen-
tial in violation of subparagraph (A) shall not, in order
to comply with the provisions of such subparagraph, re-
duce the wage rate of any employee.
‘‘(2) No labor organization or its agents representing
employees of an employer having employees subject to any
provision of this section shall cause or attempt to cause
such an employer to discriminate against an employee in
violation of paragraph (1)(A).
‘‘(3) For purposes of administration and enforcement
of this subsection, any amounts owing to any employee
that have been withheld in violation of paragraph (1)(A)
shall be deemed to be unpaid minimum wages or unpaid
overtime compensation under this section or section 7.
‘‘(4) In this subsection:
‘‘(A) The term ‘labor organization’ means any
organization of any kind, or any agency or employee
representation committee or plan, in which employ-
ees participate and that exists for the purpose, in
whole or in part, of dealing with employers con-
cerning grievances, labor disputes, wages, rates of
pay, hours of employment, or conditions of work.
‘‘(B) The term ‘equivalent jobs’ means jobs that
may be dissimilar, but whose requirements are
equivalent, when viewed as a composite of skills, ef-
fort, responsibility, and working conditions.’’.
(b) CONFORMING AMENDMENT.—Section 13(a) (29
U.S.C. 213(a)) is amended in the matter before paragraph
(1) by striking ‘‘section 6(d)’’ and inserting ‘‘sections 6(d)
and 6(h)’’.
SEC. 4. PROHIBITED ACTS.
Section 15(a) (29 U.S.C. 215(a)) is amended—
(1) by striking the period at the end of para-
graph (5) and inserting a semicolon; and
(2) by adding after paragraph (5) the following
new paragraphs:
‘‘(6) to discriminate against any individual be-
cause such individual has opposed any act or prac-
tice made unlawful by section 6(h) or because such
individual made a charge, testified, assisted, or par-
ticipated in any manner in an investigation, pro-
ceeding, or hearing to enforce section 6(h); or
‘‘(7) to discharge or in any other manner dis-
criminate against, coerce, intimidate, threaten, or
interfere with any employee or any other person be-
cause the employee inquired about, disclosed, com-
pared, or otherwise discussed the employee’s wages
or the wages of any other employee, or because the
employee exercised, enjoyed, aided, or encouraged
any other person to exercise or enjoy any right
granted or protected by section 6(h).’’.
SEC. 5. REMEDIES.
(a) 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 subsection (d) or
(h) of section 6 shall additionally be liable for such
compensatory or punitive damages as may be appro-
priate, except that the United States shall not be lia-
ble for punitive damages.’’;
(2) in the sentence beginning ‘‘An action to’’,
by striking ‘‘either of the preceding sentences’’ and
inserting ‘‘any of the preceding sentences of this
subsection’’;
(3) in the sentence beginning ‘‘No employees’’,
by striking ‘‘No employees’’ and inserting ‘‘Except
with respect to class actions brought under sub-
section (f), no employee’’;
(4) in the sentence beginning ‘‘The court in’’,
by striking ‘‘in such action’’ and inserting ‘‘in any
action brought to recover the liability prescribed in
any of the preceding sentences of this subsection’’;
and
(5) by striking ‘‘section 15(a)(3)’’ each place it
occurs and inserting ‘‘paragraphs (3), (6), and (7)
of section 15(a)’’.
(b) 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 subsection (d) or (h) of section 6, addi-
tional compensatory or punitive damages,’’ be-
fore ‘‘and the agreement’’; and
(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 subsection (d) or (h) of section 6, additional
compensatory or punitive damages’’; and
(3) in the third sentence, by striking ‘‘the first
sentence’’ and inserting ‘‘the first or second sen-
tence’’.
(c) FEES.—Section 16 (29 U.S.C. 216) is amended
by adding at the end the following:
‘‘(f) In any action brought under this section for vio-
lation of section 6(h), the court shall, in addition to any
other remedies awarded to the prevailing plaintiff or plain-
tiffs, allow expert fees as part of the costs. Any such action
may be maintained as a class action as provided by the
Federal Rules of Civil Procedure.’’.
SEC. 6. RECORDS.
(a) TECHNICAL AMENDMENT.—Section 11(c) (29
U.S.C. 211(c)) is amended by inserting ‘‘(1)’’ after ‘‘(c)’’.
(b) RECORDS.—Section 11(c) (as amended by sub-
section (a)) is further amended by adding at the end the
following:
‘‘(2)(A) Every employer subject to section 6(h) shall
preserve records that document and support the method,
system, calculations, and other bases used by the employer
in establishing, adjusting, and determining the wage rates
paid to the employees of the employer. Every employer
subject to section 6(h) shall preserve such records for such
periods of time, and shall make such reports from the
records to the Equal Employment Opportunity Commis-
sion, as shall be prescribed by the Equal Employment Op-
portunity Commission by regulation or order as necessary
or appropriate for the enforcement of the provisions of sec-
tion 6(h) or any regulation promulgated pursuant to sec-
tion 6(h).’’.
(c) SMALL BUSINESS EXEMPTIONS.—Section 11(c)
(as amended by subsections (a) and (b)) is further amend-
ed by adding at the end the following:
‘‘(B)(i) Every employer subject to section 6(h) that
has 25 or more employees on any date during the first
or second year after the effective date of this paragraph,
or 15 or more employees on any date during any subse-
quent year after such second year, shall, in accordance
with regulations promulgated by the Equal Employment
Opportunity Commission under subparagraph (F), pre-
pare and submit to the Equal Employment Opportunity
Commission for the year involved a report signed by the
president, treasurer, or corresponding principal officer, of
the employer that includes information that discloses the
wage rates paid to employees of the employer in each clas-
sification, position, or job title, or to employees in other
wage groups employed by the employer, including informa-
tion with respect to the sex, race, and national origin of
employees at each wage rate in each classification, posi-
tion, job title, or other wage group.’’.
(d) PROTECTION
OF
CONFIDENTIALITY.—Section
11(c) (as amended by subsections (a) through (c)) is fur-
ther amended by adding at the end the following:
‘‘(ii) The rules and regulations promulgated by the
Equal Employment Opportunity Commission under sub-
paragraph (F), relating to the form of such a report, shall
include requirements to protect the confidentiality of em-
ployees, including a requirement that the report shall not
contain the name of any individual employee.’’.
(e) USE; INSPECTIONS; EXAMINATIONS; REGULA-
TIONS.—Section 11(c) (as amended by subsections (a)
through (d)) is further amended by adding at the end the
following:
‘‘(C) The Equal Employment Opportunity Commis-
sion may publish any information and data that the Equal
Employment Opportunity Commission obtains pursuant to
the provisions of subparagraph (B). The Equal Employ-
ment Opportunity Commission may use the information
and data for statistical and research purposes, and com-
pile and publish such studies, analyses, reports, and sur-
veys based on the information and data as the Equal Em-
ployment Opportunity Commission may consider appro-
priate.
‘‘(D) In order to carry out the purposes of this Act,
the Equal Employment Opportunity Commission shall by
regulation make reasonable provision for the inspection
and examination by any person of the information and
data contained in any report submitted to the Equal Em-
ployment Opportunity Commission pursuant to subpara-
graph (B).
‘‘(E) The Equal Employment Opportunity Commis-
sion shall by regulation provide for the furnishing of copies
of reports submitted to the Equal Employment Oppor-
tunity Commission pursuant to subparagraph (B) to any
person upon payment of a charge based upon the cost of
the service.
‘‘(F) The Equal Employment Opportunity Commis-
sion shall issue rules and regulations prescribing the form
and content of reports required to be submitted under sub-
paragraph (B) and such other reasonable rules and regu-
lations as the Equal Employment Opportunity Commis-
sion may find necessary to prevent the circumvention or
evasion of such reporting requirements. In exercising the
authority of the Equal Employment Opportunity Commis-
sion under subparagraph (B), the Equal Employment Op-
portunity Commission may prescribe by general rule sim-
plified reports for employers for whom the Equal Employ-
ment Opportunity Commission finds that because of the
size of the employers a detailed report would be unduly
burdensome.’’.
SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSIST-
ANCE PROGRAM; REPORT TO CONGRESS.
Section 4(d) (29 U.S.C. 204(d)) is amended by add-
ing at the end the following:
‘‘(4) The Equal Employment Opportunity Commis-
sion shall conduct studies and provide information and
technical assistance to employers, labor organizations, and
the general public concerning effective means available to
implement the provisions of section 6(h) prohibiting wage
rate discrimination between employees performing work in
equivalent jobs on the basis of sex, race, or national origin.
Such studies, information, and technical assistance shall
be based on and include reference to the objectives of such
section to eliminate such discrimination. In order to
achieve the objectives of such section, the Equal Employ-
ment Opportunity Commission shall carry on a continuing
program of research, education, and technical assistance
including—
‘‘(A) conducting and promoting research with
the intent of developing means to expeditiously cor-
rect the wage rate differentials described in section
6(h);
‘‘(B) publishing and otherwise making available
to employers, labor organizations, professional asso-
ciations, educational institutions, the various media
of communication, and the general public the find-
ings of studies and other materials for promoting
compliance with section 6(h);
‘‘(C) sponsoring and assisting State and com-
munity informational and educational programs; and
‘‘(D) providing technical assistance to employ-
ers, labor organizations, professional associations,
and other interested persons on means of achieving
and maintaining compliance with the provisions of
section 6(h).
‘‘(5) The report submitted biennially by the Secretary
to Congress under paragraph (1) shall include a separate
evaluation and appraisal regarding the implementation of
section 6(h).’’.
SEC. 8. CONFORMING AMENDMENTS.
(a) CONGRESSIONAL EMPLOYEES.—
(1) APPLICATION.—Section 203(a)(1) of the
Congressional Accountability Act of 1995 (2 U.S.C.
1313(a)(1)) is amended—
(A) by striking ‘‘subsections (a)(1) and (d)
of section 6’’ and inserting ‘‘subsections (a)(1),
(d), and (h) of section 6’’; and
(B) by striking ‘‘206 (a)(1) and (d)’’ and
inserting ‘‘206(a)(1), (d), and (h)’’.
(2) REMEDIES.—Section 203(b) of such Act (2
U.S.C. 1313(b)) is amended by inserting before the
period the following: ‘‘or, in an appropriate case,
under section 16(f) of such Act (29 U.S.C. 216(f))’’.
(b) EXECUTIVE BRANCH EMPLOYEES.—
(1) APPLICATION.—Section 413(a)(1) of title 3,
United States Code, is amended by striking ‘‘sub-
sections (a)(1) and (d) of section 6’’ and inserting
‘‘subsections (a)(1), (d), and (h) of section 6’’.
(2) REMEDIES.—Section 413(b) of such title is
amended by inserting before the period the fol-
lowing: ‘‘or, in an appropriate case, under section
16(f) of such Act’’.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall take effect
1 year after the date of enactment of this Act.
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