I
105TH CONGRESS
2D SESSION
H. R. 3769
To amend the Fair Labor Standards Act of 1938 to allow compensatory
and punitive damages for violations of the anti-discrimination provision
of such Act and to provide additional resources to the Secretary of
Labor to do studies and outreach on pay disparities.
IN THE HOUSE OF REPRESENTATIVES
APRIL 30, 1998
Mr. BAESLER (for himself and Ms. SLAUGHTER) introduced the following bill;
which was referred to the Committee on Education and the Workforce
A BILL
To amend the Fair Labor Standards Act of 1938 to allow
compensatory and punitive damages for violations of the
anti-discrimination provision of such Act and to provide
additional resources to the Secretary of Labor to do
studies and outreach on pay disparities.
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 ‘‘Fairness for Working
Families Act’’.
SEC. 2. ENHANCED ENFORCEMENT OF EQUAL PAY RE-
QUIREMENTS.
(a) ENHANCED PENALTIES.—Section 16(b) of such
Act (29 U.S.C. 216(b)) is amended—
(1) by inserting after the first sentence the fol-
lowing: ‘‘Any employer who violates section 6(d)
shall additionally be liable for such compensatory or
punitive damages as may be appropriate.’’;
(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’’; and
(3) in the sentence beginning ‘‘The court in’’—
(A) by striking ‘‘in such action’’ and in-
serting ‘‘in any action brought to recover the li-
ability prescribed in any of the preceding sen-
tences of this subsection’’; and
(B) by inserting before the period the fol-
lowing: ‘‘, including expert fees’’.
(b) ACTION.—Section 16(c) of such Act (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,’’ before ‘‘, and the agree-
ment’’; 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 section 6(d), additional compensatory or pu-
nitive damages’’; and
(3) in the third sentence, by striking ‘‘the first
sentence’’ and inserting ‘‘the first or second sen-
tence’’.
SEC. 3. RESEARCH, EDUCATION, AND OUTREACH.
(a) STUDIES AND INFORMATION.—The Secretary of
Labor shall conduct studies and provide information to
employers, labor organizations, and the general public con-
cerning 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 condi-
tions leading to the pay disparities;
(2) publishing and otherwise making available
to employers, labor organizations, professional asso-
ciations, educational institutions, the media, and the
general public the findings resulting from studies
and other materials, relating to eliminating the pay
disparities;
(3) sponsoring and assisting State and commu-
nity informational and educational programs;
(4) providing information to employers, labor
organizations, professional associations, and other
interested 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;
(6) convening a national summit to discuss, and
consider approaches for rectifying, the pay dispari-
ties; and
(7) issuing to employers voluntary pay guide-
lines for the relative pay ranges of a selection of
male- and female-dominated widely held occupations.
(b) AUTHORIZATION.—There is authorized to be ap-
propriated to the Secretary of Labor $1,000,000 to carry
out subsection (a).
Æ