(3) by striking ‘‘or has’’ each place it appears
and inserting ‘‘has’’; and
(4) by inserting before the semicolon the fol-
lowing: ‘‘, has inquired about, discussed, or other-
wise disclosed the wages of the employee or another
employee, or because the employee (or applicant) has
made a charge, testified, assisted, or participated in
any manner in an investigation, proceeding, hearing,
or action under section 6(d)’’.
(e) ENHANCED
PENALTIES.—Section 16(b) (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
any other provision of Federal law, any action
brought to enforce section 6(d) may be maintained
as a class action as provided by the Federal Rules
of Civil Procedure.’’; and
(5) 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’’.
(f) ACTION
BY
SECRETARY.—Section 16(c) (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’’;
(3) in the third sentence, by striking ‘‘the first
sentence’’ and inserting ‘‘the first or second sen-
tence’’; and
(4) in the last sentence—
(A) by striking ‘‘commenced in the case’’
and inserting ‘‘commenced—
‘‘(1) in the case’’;
(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 indi-
vidual becomes a party plaintiff to the class action.’’.
SEC. 4. TRAINING.
The Equal Employment Opportunity Commission
and the Office of Federal Contract Compliance Programs,
subject to the availability of funds appropriated under sec-
tion 9(b), shall provide training to Commission employees
and affected individuals and entities on matters involving
discrimination in the payment of wages.
SEC. 5. RESEARCH, EDUCATION, AND OUTREACH.
The Secretary of Labor shall conduct studies and
provide information to employers, labor organizations, and
the general public concerning the means available to elimi-
nate 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; and
(6) convening a national summit to discuss and
consider approaches for rectifying the pay dispari-
ties.
SEC. 6. TECHNICAL ASSISTANCE AND EMPLOYER RECOGNI-
TION PROGRAM.
(a) GUIDELINES.—
(1) IN GENERAL.—The Secretary of Labor shall
develop guidelines to enable employers to evaluate
job categories based on objective criteria such as
educational requirements, skill requirements, inde-
pendence, working conditions, and responsibility, in-
cluding decisionmaking responsibility and de facto
supervisory responsibility.
(2) USE.—The guidelines developed under
paragraph (1) shall be designed to enable employers
voluntarily to compare wages paid for different jobs
to determine if the pay scales involved adequately
and fairly reflect the educational requirements, skill
requirements, independence, working conditions, and
responsibility for each such job, with the goal of
eliminating unfair pay disparities between occupa-
tions traditionally dominated by men or women.
(3) PUBLICATION.—The guidelines developed
under paragraph (1) shall be published in the Fed-
eral Register not later than 180 days after the date
of enactment of this Act.
(b) EMPLOYER RECOGNITION.—
(1) PURPOSE.—It is the purpose of this sub-
section to emphasize the importance, encourage the
improvement, and recognize the excellence of em-
ployer efforts to pay wages to women that reflect the
real value of the contributions of such women to the
workplace.
(2) IN GENERAL.—To carry out the purpose of
this subsection, the Secretary of Labor shall estab-
lish a program under which the Secretary shall pro-
vide for the recognition of employers who, pursuant
to a voluntary job evaluation conducted by the em-
ployer, adjust their wage scales using the guidelines
developed under subsection (a) to ensure that women
are paid fairly in comparison to men, but such ad-
justments shall not include the lowering of wages
paid to men.
(3) TECHNICAL ASSISTANCE.—The Secretary of
Labor may provide technical assistance to assist an
employer in carrying out an evaluation under para-
graph (2).
(c) RULEMAKING.—The Secretary of Labor may
make rules to carry out this section.
SEC. 7. ESTABLISHMENT OF NATIONAL AWARD FOR PAY
EQUITY IN THE WORKPLACE.
(a) IN GENERAL.—There is established the Alexis
Herman National Award for Pay Equity in the Workplace,
which shall be evidenced by a medal bearing the inscrip-
tion ‘‘Alexis Herman National Award for Pay Equity in
the Workplace’’. The medal shall be of such design and
materials and bear such additional inscriptions as the Sec-
retary of Labor may prescribe.
(b) CRITERIA FOR QUALIFICATION.—To qualify to
receive an award under this section a business shall—
(1) submit a written application to the Sec-
retary of Labor, at such time, in such manner, and
containing such information as the Secretary may
require, including at a minimum information that
demonstrates that the business has made a substan-
tial effort to eliminate pay disparities between men
and women, and deserves special recognition as a
consequence; and
(2) meet such additional requirements and
specifications as the Secretary of Labor determines
to be appropriate.
(c) MAKING AND PRESENTATION OF AWARD.—
(1) AWARD.—After receiving recommendations
from the Secretary of Labor, the President or the
designated representative of the President shall an-
nually present the award described in subsection (a)
to businesses that meet the qualifications described
in subsection (b).
(2) PRESENTATION.—The President or the des-
ignated representative of the President shall present
the award under this section with such ceremonies
as the President or the designated representative of
the President determines to be appropriate.
(d) BUSINESS.—In this section, the term ‘‘business’’
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. 8. 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 fol-
lowing:
‘‘(f)(1) Not later than 18 months after the date of
enactment of this subsection, the Commission shall—
‘‘(A) complete a survey of the data that is cur-
rently available to the Federal Government relating
to employee pay information for use in the enforce-
ment of Federal laws prohibiting pay discrimination
and, in consultation with other relevant Federal
agencies, identify additional data collections that will
enhance the enforcement of such laws; and
‘‘(B) based on the results of the survey and
consultations under subparagraph (A), make rules to
provide for the collection of pay information data
from employers as described by the sex, race, and
national origin of employees.
‘‘(2) In implementing 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, and shall also
consider other factors, including the imposition of burdens
on employers, the frequency of required reports (including
which employers should be required to prepare reports),
appropriate protections for maintaining data confiden-
tiality, and the most effective format for the data collec-
tions reports.’’.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
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