SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY RE-
QUIREMENTS. 
(a) BONA-FIDE FACTOR DEFENSE AND MODIFICA-
TION OF SAME ESTABLISHMENT REQUIREMENT.—Section 
6(d)(1) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 206(d)(1)) is amended— 
(1) by striking ‘‘No employer having’’ and in-
serting ‘‘(A) No employer having’’; 
(2) by striking ‘‘any other factor other than 
sex’’ and inserting ‘‘a bona fide factor other than 
sex, such as education, training, or experience’’; and 
(3) by inserting at the end the following: 
‘‘(B) The bona fide factor defense described in sub-
paragraph (A)(iv) shall apply only if the employer dem-
onstrates that such factor (i) is not based upon or derived 
from a sex-based differential in compensation; (ii) is job- 
related with respect to the position in question; and (iii) 
is consistent with business necessity. Such defense shall 
not apply where the employee demonstrates that an alter-
native employment practice exists that would serve the 
same business purpose without producing such differential 
and that the employer has refused to adopt such alter-
native practice. 
‘‘(C) For purposes of subparagraph (A), employees 
shall be deemed to work in the same establishment if the 
employees work for the same employer at workplaces lo-
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cated in the same county or similar political subdivision 
of a State. The preceding sentence shall not be construed 
as limiting broader applications of the term ‘establish-
ment’ consistent with rules prescribed or guidance issued 
by the Equal Opportunity Employment Commission.’’. 
(b) NONRETALIATION PROVISION.—Section 15 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)) 
is amended— 
(1) in subsection (a)(3), by striking ‘‘employee 
has filed’’ and all that follows and inserting ‘‘em-
ployee— 
‘‘(A) has made a charge or filed any com-
plaint or instituted or caused to be instituted 
any investigation, proceeding, hearing, or action 
under or related to this Act, including an inves-
tigation conducted by the employer, or has tes-
tified or is planning to testify or has assisted or 
participated in any manner in any such inves-
tigation, proceeding, hearing or action, or has 
served or is planning to serve on an industry 
Committee; or 
‘‘(B) has inquired about, discussed, or dis-
closed the wages of the employee or another 
employee.’’; and 
(2) by adding at the end the following: 
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‘‘(c) Subsection (a)(3)(B) shall not apply to instances 
in which an employee who has access to the wage informa-
tion of other employees as a part of such employee’s essen-
tial job functions discloses the wages of such other employ-
ees to individuals who do not otherwise have access to such 
information, unless such disclosure is in response to a 
complaint or charge or in furtherance of an investigation, 
proceeding, hearing, or action under section 6(d), includ-
ing an investigation conducted by the employer. Nothing 
in this subsection shall be construed to limit the rights 
of an employee provided under any other provision of 
law.’’. 
(c) 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 
damages, or, where the employee demonstrates that 
the employer acted with malice or reckless indiffer-
ence, punitive damages as may be appropriate, ex-
cept 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 
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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’’. 
(d) ACTION BY SECRETARY.—Section 16(c) of the 
Fair Labor Standards Act of 1938 (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 
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punitive damages, as described in subsection 
(b),’’ before ‘‘and the agreement’’; 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, as described in subsection (b)’’; 
(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, 
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