I 
117TH CONGRESS 
1ST SESSION H. R. 2491 
To amend the Fair Labor Standards Act of 1938 to enhance provisions 
related to wage discrimination, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 13, 2021 
Ms. STEFANIK (for herself, Ms. FOXX, Mrs. MILLER-MEEKS, Mr. MCKINLEY, 
Mr. LATTA, Mr. BUCSHON, Mr. DIAZ-BALART, Mr. BOST, Mr. BACON, 
Mr. THOMPSON of Pennsylvania, Mrs. WALORSKI, Mr. GARBARINO, Mr. 
STAUBER, Mr. ZELDIN, Mrs. RODGERS of Washington, Mr. AUSTIN 
SCOTT of Georgia, Mr. BURGESS, Mr. NEWHOUSE, Mr. MANN, Mr. 
WITTMAN, Mr. KINZINGER, Mr. OWENS, Ms. MALLIOTAKIS, Mr. COLE, 
Mr. GRAVES of Louisiana, Mr. WOMACK, Ms. GRANGER, Ms. HERRERA 
BEUTLER, Mr. GONZALEZ of Ohio, Mr. MOORE of Utah, Mr. MEUSER, 
Mr. JOYCE of Ohio, Mr. CAWTHORN, Mr. FORTENBERRY, Mr. GUTHRIE, 
Mrs. SPARTZ, Mr. ALLEN, Mr. CURTIS, Mr. RODNEY DAVIS of Illinois, 
and Mr. AMODEI) introduced the following bill; which was referred to the 
Committee on Education and Labor 
A BILL 
To amend the Fair Labor Standards Act of 1938 to enhance 
provisions related to wage discrimination, 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 referred to as the ‘‘Wage Equity 
Act of 2021’’. 
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SEC. 2. FINDINGS. 
(1) In 1963, Congress passed on a bipartisan 
basis the Equal Pay Act of 1963 to prohibit dis-
crimination on account of sex in the payment of 
wages for equal work performed by employees for 
employers engaged in commerce or in the production 
of goods for commerce. 
(2) Following the passage of such Act, in 1964, 
Congress passed on a bipartisan basis the Civil 
Rights Act of 1964. Since the passage of both the 
Equal Pay Act of 1963 and the Civil Rights Act of 
1964, women have made significant strides, both in 
the workforce and in their educational pursuits. 
(3) Prior to the COVID–19 pandemic, there 
were over 77,000,000 women in the workforce, the 
most in American history. Of the 2,000,000 jobs 
created in 2019, 53 percent went to women. This 
follows a trend that has been rising for some time. 
Women are graduating from college at a higher rate 
than their male counter parts, making up 61 percent 
of all college degrees conferred in 2018. Additionally, 
according to a recent survey of working women, 
more than half are their family’s primary bread-
winner. 
(4) The COVID–19 pandemic has had a signifi-
cant impact on working women, resulting in over 2 
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million women leaving the workforce since February 
2020. 
(5) Despite these advances there is still concern 
among the American public that gender-based wage 
discrimination has not been eliminated. 
SEC. 3. CLARIFYING SEX-BASED DISCRIMINATION PROHIBI-
TION. 
Section 6(d)(1) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 206(d)(1)) is amended by inserting 
‘‘bona fide business-related’’ after ‘‘any other’’. 
SEC. 4. JOB AND WAGE ANALYSIS. 
Section 16 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 216) is amended by adding at the end the fol-
lowing: 
‘‘(f)(1) An employer shall not be liable in an action 
brought against the employer for a violation of section 
6(d) if— 
‘‘(A) during the period beginning on the date that 
is 3 years before the date on which the action is brought 
and ending on the date that is 1 day before the date on 
which the action is brought, such employer completes a 
job and wage analysis audit to determine whether there 
are differentials in wage rates among such employees that 
may violate section 6(d); 
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‘‘(B) such employer takes reasonable steps to remedy 
any such differentials; 
‘‘(C) such job and wage analysis audit is conducted 
and such reasonable steps are taken in good faith to inves-
tigate whether any such differentials exist; and 
‘‘(D) such audit is reasonable in detail and scope with 
respect to the size of the employer. 
‘‘(2) A job and wage analysis audit under this section 
and remedial action taken in response to the findings of 
such audit— 
‘‘(A) may only be admissible by the employer 
for the purposes of showing— 
‘‘(i) such audit was conducted; and 
‘‘(ii) such reasonable steps were taken; and 
‘‘(B) shall not be discoverable or admissible for 
any other purpose in any claim against the em-
ployer. 
‘‘(3) An employer who has not completed a job and 
wage analysis audit under this subsection shall not be sub-
ject to a negative or adverse inference as a result of not 
having completed such audit. 
‘‘(4) An employer who has completed a job and wage 
analysis audit that does not meet the requirements of sub-
paragraph (D) of paragraph (1) but otherwise meets the 
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requirements of such paragraph shall not be liable for liq-
uidated damages under section 16(b). 
‘‘(5) In this section— 
‘‘(A) the term ‘job and wage analysis audit’ 
means an audit conducted by the employer for the 
purpose of identifying wage disparities among em-
ployees on the basis of sex; and 
‘‘(B) the term ‘reasonable steps’, with respect 
to differentials in wages among employees that may 
violate section 6(d), means steps that are reasonable 
to address such differentials taking into account— 
‘‘(i) the amount of time that has passed 
since the date on which the audit was initiated; 
‘‘(ii) the nature and degree of progress re-
sulting from such reasonable steps toward com-
pliance with section 6(d) compared to the num-
ber of employees with respect to whom a viola-
tion may exist and the amount of the wage rate 
differentials among such employees; and 
‘‘(iii) the size and resources of the em-
ployer.’’. 
SEC. 5. WAGE HISTORY; DISCUSSION OF WAGES. 
(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. PROVISIONS RELATING TO WAGE HISTORY AND 
DISCUSSION OF WAGE. 
‘‘(a) REQUIREMENTS AND PROHIBITIONS RELATING 
TO WAGE HISTORY.—It shall be an unlawful practice for 
a person after the date of enactment of the Wage Equity 
Act of 2021— 
‘‘(1) to rely on the wage history of a prospective 
employee— 
‘‘(A) in considering the prospective em-
ployee for employment, including by requiring 
that the wage history of a prospective employee 
satisfies minimum or maximum criteria as a 
condition of being considered for employment; 
or 
‘‘(B) in determining the rate of wage for 
such prospective employee; or 
‘‘(2) to seek, or to require a prospective em-
ployee to disclose, the wage history of such prospec-
tive employee. 
‘‘(b) VOLUNTARY DISCLOSURE EXCEPTIONS.— 
‘‘(1) IN GENERAL.—Subsection (a)(1) shall not 
apply with respect to a prospective employee who 
voluntarily discloses the wage history of such pro-
spective employee. 
‘‘(2) WAGE HISTORY VERIFICATION.—Notwith-
standing subsection (a)(2), a person may take ac-
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tions necessary to verify the wage history of a pro-
spective employee if such wage history is voluntarily 
disclosed to the person by such prospective em-
ployee. 
‘‘(c) PRIOR INQUIRIES.—Subsection (a) shall not 
apply with respect to the wage history of an employee ac-
quired by an employer before the date of enactment of 
the Wage Equity Act of 2021, including a current employ-
ee’s wage history with another employer that was re-
quested and used to set an employee’s starting wage be-
fore such date and which is embedded in an employee’s 
pay and pay increases after such date. 
‘‘(d) PROHIBITIONS RELATING TO DISCUSSION OF 
WAGES.—Subject to subsection (c), it shall be an unlawful 
practice for an employer— 
‘‘(1) to prohibit an employee from inquiring 
about, discussing, or disclosing the wage of— 
‘‘(A) the employee; or 
‘‘(B) any other employee of the employer if 
such employee has voluntarily disclosed the 
wage of such employee; 
‘‘(2) to prohibit an employee from requesting 
from the employer an explanation of differentials in 
compensation among employees; or 
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‘‘(3) to take an adverse employment action 
against an employee for— 
‘‘(A) conduct described under paragraphs 
(1) or (2); or 
‘‘(B) encouraging employees to engage in 
conduct described in such paragraphs. 
‘‘(e) LIMITATIONS RELATING
TO DISCUSSION
OF 
WAGES.— 
‘‘(1) TIME AND PLACE LIMITATIONS.—An em-
ployer may impose reasonable time, place, and man-
ner limitations on conduct described under sub-
section (c) if such limitations are written and avail-
able to each employee. 
‘‘(2) INVOLUNTARY DISCLOSURE.—An employer 
may prohibit an employee from discussing the wages 
of any other employee if such other employee did not 
voluntarily disclose such wages to the employee dis-
cussing such wages. 
‘‘(f) PAY EXPECTATION CONVERSATION.—Nothing 
in this section shall be construed to prevent a person 
from— 
‘‘(1) inquiring about the pay expectations of a 
prospective employee; or 
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‘‘(2) providing information to such employee 
about the compensation and benefits offered in rela-
tion to the position.’’. 
(b) DEFINITIONS.—Section 2 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 202) is amended by 
adding at the end the following: 
‘‘(z) the term ‘prospective employee’ means an indi-
vidual who took an affirmative step to seek employment 
with a person and who is not currently employed by such 
person, a parent, subsidiary, predecessor, or related com-
pany of such person, or an employer connected by a pur-
chase agreement with such person; and 
‘‘(aa) the term ‘wage history’ means the wages paid 
to the prospective employee by the prospective employee’s 
current employer or any previous employer of such em-
ployee.’’. 
(c) RETALIATION.—Section 15(a)(3) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)) is 
amended— 
(1) by inserting ‘‘or prospective employee’’ after 
‘‘any employee’’; and 
(2) by inserting ‘‘or prospective employee’’ after 
‘‘such employee’’. 
(d) PENALTY.— 
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(1) IN GENERAL.—Section 16(b) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 216(b)) is 
amended by inserting ‘‘Any person who violates the 
provisions of section 8 with respect to an employee 
or prospective employee shall be liable to such em-
ployee in an amount equal to the difference between 
the amount that the employee or prospective em-
ployee would have received but for such violation 
and the amount received by such employee or pro-
spective employee, and an additional equal amount 
as liquidated damages.’’ after ‘‘tips unlawfully kept 
by the employer, and in an additional equal amount 
as liquidated damages.’’. 
(2) 
CIVIL
MONETARY
PENALTY.—Section 
16(e)(2) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 216(e)(2)) is amended by striking ‘‘6 
and 7’’ and inserting ‘‘6, 7, and 8’’. 
SEC. 6. NEGOTIATION SKILLS EDUCATION. 
(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 
under paragraph (1), the Secretary of Labor may 
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make grants on a competitive basis to eligible enti-
ties to carry out negotiation skills education pro-
grams for the purposes of addressing wage dispari-
ties, 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 
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 education program for the pur-
poses described in paragraph (2). 
(b) INCORPORATING EDUCATION INTO EXISTING 
PROGRAMS.—The Secretary of Labor and the Secretary 
of Education shall issue regulations or policy guidance 
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that provides for integrating the negotiation skills edu-
cation, 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 
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. 
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