pensation data and other employment-related data (includ-
ing hiring, termination, 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.’’. 
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— 
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(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 
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 implement a survey to collect compensa-
tion data and other employment-related data (includ-
ing hiring, termination, and promotion data) and 
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designate not less than half of all nonconstruction 
contractor establishments each year to prepare and 
file such survey, and shall review and utilize the re-
sponses to such survey to identify contractor establish-
ments for further evaluation and for other enforce-
ment 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. 
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: 
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‘‘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 
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 
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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— 
‘‘(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 
‘‘(B) be liable to each employee or prospective 
employee who was the subject of the violation for spe-
cial damages not to exceed $10,000 plus attorneys’ 
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