I
106TH CONGRESS
1ST SESSION
H. R. 541
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.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 3, 1999
Ms. DELAURO (for herself, Mr. GEPHARDT, Ms. NORTON, Mr. COSTELLO, Mr.
GEJDENSON, Mrs. MALONEY of New York, Ms. PELOSI, Mrs. LOWEY,
Ms. KILPATRICK, Mr. GEORGE MILLER of California, Mr. OLVER, Ms.
KAPTUR, Mr. FROST, Mr. BRADY of Pennsylvania, Mr. STARK, Ms.
MILLENDER-MCDONALD, Mr. NADLER, Ms. WOOLSEY, Mr. SERRANO,
Mr. SANDERS, Mr. MCGOVERN, Mr. MCNULTY, Ms. SCHAKOWSKY, Ms.
JACKSON-LEE of Texas, and Mrs. TAUSCHER) introduced the following
bill; which was referred to the Committee on Education and the Work-
force
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.
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. FINDINGS.
Congress makes the following findings:
(1) Women have entered the workforce in
record numbers.
(2) Even in the 1990’s, women earn signifi-
cantly lower pay than men for work on jobs that re-
quire equal skill, effort, and responsibility and that
are performed under similar working conditions.
These pay disparities exist in both the private and
governmental sectors. In many instances, the pay
disparities can only be due to continued intentional
discrimination or the lingering effects of past dis-
crimination.
(3) The existence of such pay disparities—
(A) depresses the wages of working fami-
lies who rely on the wages of all members of the
family to make ends meet;
(B) prevents the optimum utilization of
available labor resources;
(C) has been spread and perpetuated,
through commerce and the channels and instru-
mentalities of commerce, among the workers of
the several States;
(D) burdens commerce and the free flow of
goods in commerce;
(E) constitutes an unfair method of com-
petition in commerce;
(F) leads to labor disputes burdening and
obstructing commerce and the free flow of
goods in commerce;
(G) interferes with the orderly and fair
marketing of goods in commerce; and
(H) in many instances, may deprive work-
ers of equal protection on the basis of sex in
violation of the 5th and 14th amendments.
(4)(A) Artificial barriers to the elimination of
discrimination in the payment of wages on the basis
of sex continue to exist more than 3 decades after
the enactment of the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.) and the Civil Rights
Act of 1964 (42 U.S.C. 2000a et seq.).
(B) Elimination of such barriers would have
positive effects, including—
(i) providing a solution to problems in the
economy created by unfair pay disparities;
(ii) substantially reducing the number of
working women earning unfairly low wages,
thereby reducing the dependence on public as-
sistance; and
(iii) promoting stable families by enabling
all family members to earn a fair rate of pay;
(iv) remedying the effects of past discrimi-
nation on the basis of sex and ensuring that in
the future workers are afforded equal protection
on the basis of sex; and
(v) in the private sector, ensuring equal
protection pursuant to Congress’ power to en-
force the 5th and 14th amendments.
(5) With increased information about the provi-
sions added by the Equal Pay Act of 1963 and gen-
eralized wage data, along with more effective rem-
edies, women will be better able to recognize and en-
force their rights to equal pay for work on jobs that
require equal skill, effort, and responsibility and that
are performed under similar working conditions.
(6) Certain employers have already made great
strides in eradicating unfair pay disparities in the
workplace and their achievements should be recog-
nized.
SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY RE-
QUIREMENTS.
(a) NONRETALIATION PROVISION.—Section 15(a)(3)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
215(a)(3)) is amended—
(1) by striking ‘‘or has’’ each place it appears
and inserting ‘‘has’’; and
(2) by inserting before the semicolon the follow-
ing: ‘‘, or has inquired about, discussed, or otherwise
disclosed the wages of the employee or another em-
ployee’’.
(b) 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 section 6(d)
shall additionally be liable for such compensatory or
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 ‘‘either of 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