Mrs. LAWRENCE, Mr. LAWSON of Florida, Ms. LEE of California, Mrs. 
LEE of Nevada, Ms. LEGER FERNANDEZ, Mr. LEVIN of Michigan, Mr. 
LEVIN of California, Mr. LIEU, Ms. LOFGREN, Mr. LOWENTHAL, Mrs. 
LURIA, Mr. LYNCH, Mr. MALINOWSKI, Mrs. CAROLYN B. MALONEY of 
New York, Mr. SEAN PATRICK MALONEY of New York, Ms. MANNING, 
Ms. MATSUI, Mrs. MCBATH, Ms. MCCOLLUM, Mr. MCEACHIN, Mr. 
MCGOVERN, Mr. MCNERNEY, Mr. MEEKS, Ms. MENG, Mr. MFUME, Ms. 
MOORE of Wisconsin, Mr. MORELLE, Mr. MOULTON, Mrs. MURPHY of 
Florida, Mr. MRVAN, Mr. NADLER, Mrs. NAPOLITANO, Mr. NEGUSE, Mr. 
NEAL, Ms. NEWMAN, Mr. NORCROSS, Ms. NORTON, Ms. OCASIO-CORTEZ, 
Mr. O’HALLERAN, Ms. OMAR, Mr. PALLONE, Mr. PANETTA, Mr. PAPPAS, 
Mr. PASCRELL, Mr. PAYNE, Ms. PELOSI, Mr. PERLMUTTER, Mr. 
PETERS, Mr. PHILLIPS, Ms. PINGREE, Ms. PLASKETT, Mr. POCAN, Ms. 
PORTER, Ms. PRESSLEY, Mr. PRICE of North Carolina, Mr. QUIGLEY, 
Mr. RASKIN, Miss RICE of New York, Ms. ROSS, Ms. ROYBAL-ALLARD, 
Mr. RUIZ, Mr. RUPPERSBERGER, Mr. RUSH, Mr. RYAN, Mr. SABLAN, 
Mr. SAN NICOLAS, Ms. SA´NCHEZ, Mr. SARBANES, Ms. SCANLON, Ms. 
SCHAKOWSKY, Mr. SCHIFF, Mr. SCHNEIDER, Mr. SCHRADER, Ms. 
SCHRIER, Mr. DAVID SCOTT of Georgia, Mr. SCOTT of Virginia, Ms. SE-
WELL, Mr. SHERMAN, Ms. SHERRILL, Mr. SIRES, Ms. SLOTKIN, Mr. 
SMITH of Washington, Mr. SOTO, Ms. SPANBERGER, Ms. SPEIER, Mr. 
STANTON, Ms. STEVENS, Ms. STRICKLAND, Mr. SUOZZI, Mr. SWALWELL, 
Mr. TAKANO, Mr. THOMPSON of Mississippi, Mr. THOMPSON of Cali-
fornia, Ms. TITUS, Ms. TLAIB, Mr. TONKO, Mrs. TORRES of California, 
Mr. TORRES of New York, Mrs. TRAHAN, Mr. TRONE, Ms. UNDERWOOD, 
Mr. VARGAS, Mr. VEASEY, Mr. VELA, Ms. VELA´ZQUEZ, Ms. WASSERMAN 
SCHULTZ, Ms. WATERS, Mrs. WATSON COLEMAN, Mr. WELCH, Ms. 
WEXTON, Ms. WILD, Ms. WILLIAMS of Georgia, Ms. WILSON of Florida, 
Mr. YARMUTH, Mr. SMITH of New Jersey, Mr. FITZPATRICK, Mr. CRIST, 
and Ms. BASS) introduced the following bill; which was referred to the 
Committee on Education and Labor 
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APRIL 5, 2021 
Additional sponsor: Mr. VAN DREW 
APRIL 5, 2021 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on January 28, 2021] 
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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. 
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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. ENHANCED ENFORCEMENT OF EQUAL PAY RE-
QUIREMENTS. 
(a) DEFINITIONS.—Section 3 of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 203) is amended by adding 
at the end the following: 
‘‘(z) ‘Sex’ includes— 
‘‘(1) a sex stereotype; 
‘‘(2) pregnancy, childbirth, or a related medical 
condition; 
‘‘(3) sexual orientation or gender identity; and 
‘‘(4) sex characteristics, including intersex traits. 
‘‘(aa) ‘Sexual orientation’ includes homosexuality, het-
erosexuality, and bisexuality. 
‘‘(bb) ‘Gender identity’ means the gender-related iden-
tity, appearance, mannerisms, or other gender-related char-
acteristics of an individual, regardless of the individual’s 
designated sex at birth.’’. 
(b) 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— 
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(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 
subparagraph (A)(iv) 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 ques-
tion; (iii) is consistent with business necessity; and 
(iv) accounts for the entire differential in compensa-
tion at issue. Such defense shall not apply where the 
employee demonstrates that an alternative employ-
ment practice exists that would serve the same busi-
ness purpose without producing such differential and 
that the employer has refused to adopt such alter-
native practice. 
‘‘(C) For purposes of subparagraph (A), employ-
ees shall be deemed to work in the same establishment 
if the employees work for the same employer at work-
places located in the same county or similar political 
subdivision of a State. The preceding sentence shall 
not be construed as limiting broader applications of 
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the term ‘establishment’ consistent with rules pre-
scribed or guidance issued by the Equal Employment 
Opportunity Commission.’’. 
(c) 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 ‘‘employee 
has filed’’ and all that follows and inserting 
‘‘employee— 
‘‘(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 has 
served or is planning to serve on an industry 
committee; 
‘‘(B) has opposed any practice made unlaw-
ful by this Act; or 
‘‘(C) has inquired about, discussed, or dis-
closed the wages of the employee or another em-
ployee (such as by inquiring or discussing with 
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the employer why the wages of the employee are 
set at a certain rate or salary);’’; 
(B) in paragraph (5), by striking the period 
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)(C) 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), including an 
investigation conducted by the employer. Nothing in this 
subsection shall be construed to limit the rights of an em-
ployee 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), or 
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who violates the provisions of section 15(a)(3) in rela-
tion to a violation of section 6(d), shall additionally 
be liable for such compensatory damages, or, where 
the employee demonstrates that the employer acted 
with malice or reckless indifference, 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 ‘‘the preceding sentences’’ and inserting ‘‘any 
of the preceding sentences of this subsection’’; 
(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 
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(B) by inserting before the period the fol-
lowing: ‘‘, including expert fees’’. 
(e) ACTION BY THE 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 
(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, as described in subsection (b)’’; 
(3) in the third sentence, by striking ‘‘the first 
sentence’’ and inserting ‘‘the first or second sentence’’; 
and 
(4) in the sixth sentence— 
(A) by striking ‘‘commenced in the case’’ 
and inserting ‘‘commenced— 
‘‘(1) in the case’’; 
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(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.’’. 
(f) JOINT ENFORCEMENT AUTHORITY.— 
(1) IN GENERAL.—Notwithstanding section 1 of 
Reorganization Plan No. 1 of 1978 (92 Stat. 3781; 5 
U.S.C. App.) and any other provision of law, the Sec-
retary of Labor, acting through the Office of Federal 
Contract Compliance Programs, and the Equal Op-
portunity Employment Commission shall jointly 
carry out the functions and authorities described in 
such section and any other provision of law to enforce 
and administer the provisions of section 6(d) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)) 
with respect to Federal contractors, Federal sub-
contractors, and federally-assisted construction con-
tractors, within the jurisdiction of the Office of Fed-
eral Contract Compliance Programs under Executive 
Order 11246 (42 U.S.C. 2000e note; relating to equal 
employment opportunity) or a successor Executive 
Order. 
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(2) COORDINATION.—The Equal Opportunity 
Employment Commission and the Secretary of Labor 
shall establish such coordinating mechanisms as nec-
essary to carry out the joint authority under para-
graph (1). 
SEC. 3. TRAINING. 
The Equal Employment Opportunity Commission and 
the Secretary of Labor, acting through the Office of Federal 
Contract Compliance Programs, subject to the availability 
of funds appropriated under section 11, shall provide train-
ing to employees of the Commission and the Office of Fed-
eral Contract Compliance Programs and to affected indi-
viduals and entities on matters involving discrimination 
in the payment of wages. 
SEC. 4. NEGOTIATION SKILLS TRAINING. 
(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 the purposes of addressing pay 
disparities, including through outreach to women and 
girls. 
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(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. 
(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 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 
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(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 Com-
missioner of Labor Statistics, shall— 
(A) submit to Congress a report on the gen-
der pay gap in the teenage labor force; and 
(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 gen-
der pay gap potentially translates into greater 
wage gaps in the overall labor force. 
(C) An examination of overall lifetime earn-
ings 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 
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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 freelance 
jobs, and formal jobs, such as retail, res-
taurant, 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 
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prevention of early inequalities in the work-
place; and 
(iv) expanding awareness for teenage 
girls on pay rates and employment rights 
in order to reduce greater inequalities in the 
overall labor force. 
SEC. 6. ESTABLISHMENT OF THE NATIONAL AWARD FOR 
PAY EQUITY IN THE WORKPLACE. 
(a) IN GENERAL.—There is established the National 
Award for Pay Equity in the Workplace, which shall be 
awarded by the Secretary of Labor in consultation with the 
Equal Employment Opportunity Commission, on an an-
nual 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, in consultation with the Equal Employment Oppor-
tunity Commission, shall— 
(1) set criteria for receipt of the award, includ-
ing a requirement that an employer has made sub-
stantial effort to eliminate pay disparities between 
men and women and deserves special recognition as 
a consequence of such effort; and 
(2) establish procedures for the application and 
presentation of the award. 
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(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. 7. 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 provide for 
the collection from employers of compensation data and 
other employment-related data (including hiring, termi-
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nation, and promotion data) disaggregated by the sex, race, 
and national origin 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 imposi-
tion of burdens on employers, the frequency of required re-
ports (including the size of employers required to prepare 
reports), appropriate protections for maintaining data con-
fidentiality, and the most effective format to report such 
data. 
‘‘(3)(A) For each 12-month reporting period for an em-
ployer, the compensation data collected under paragraph 
(1) shall include, for each range of taxable compensation 
described in subparagraph (B), disaggregated by the cat-
egories 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 subpara-
graph are as follows: 
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‘‘(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. 
‘‘(vi) Not less than $49,920 and not more than 
$62,919. 
‘‘(vii) Not less than $62,920 and not more than 
$80,079. 
‘‘(viii) Not less than $80,080 and not more than 
$101,919. 
‘‘(ix) Not less than $101,920 and not more than 
$128,959. 
‘‘(x) Not less than $128,960 and not more than 
$163,799. 
‘‘(xi) Not less than $163,800 and not more than 
$207,999. 
‘‘(xii) Not less than $208,000. 
‘‘(C) The Commission may adjust the taxable com-
pensation ranges under subparagraph (B)— 
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‘‘(i) if the Commission determines that such ad-
justment is necessary to enhance enforcement of Fed-
eral laws prohibiting pay discrimination; or 
‘‘(ii) for inflation, in consultation with the Bu-
reau of Labor Statistics. 
‘‘(D) In collecting data described in subparagraph 
(A)(ii), the Commission shall provide that, with respect to 
an employee who the employer is not required to com-
pensate for overtime employment under section 7 of the 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 include— 
‘‘(i) race; 
‘‘(ii) national origin; 
‘‘(iii) sex; and 
‘‘(iv) job categories, including the job categories 
described in the instructions for the Equal Employ-
ment Opportunity Employer Information Report 
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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 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 subparagraph 
(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 con-
tractor with the Federal Government, or a subcon-
tractor at any tier thereof; or 
‘‘(B) the Commission determines appropriate.’’. 
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SEC. 8. 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 collect compensa-
tion data and other employment-related data (including, 
hiring, termination, and promotion data) by demographics 
and designate not less than half of all nonconstruction con-
tractors each year to prepare and file such data, and shall 
review and utilize the responses to such data to identify 
contractors 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-
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formation that will assist the public in understanding and 
addressing such discrimination. 
SEC. 9. 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; 
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‘‘(3) seek from a prospective employee or any 
current or former employer the wage history of the 
prospective employee, except that an employer may 
seek to confirm prior wage information only after an 
offer of employment with compensation has been 
made to the prospective employee and the prospective 
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 because 
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 his-
tory’ means the wages paid to the prospective employee by 
the prospective employee’s current employer or previous em-
ployer.’’. 
(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— 
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