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(b) OFFICE OF FEDERAL CONTRACT COMPLIANCE 
PROGRAMS INITIATIVES.—The Director of the Office of 
Federal Contract Compliance Programs shall ensure that 
employees of the Office— 
(1)(A) shall use the full range of investigatory 
tools at the Office’s disposal, including pay grade 
methodology; 
(B) in considering evidence of possible com-
pensation discrimination— 
(i) shall not limit its consideration to a 
small number of types of evidence; and 
(ii) shall not limit its evaluation of the evi-
dence to a small number of methods of evalu-
ating the evidence; and 
(C) shall not require a multiple regression anal-
ysis or anecdotal evidence for a compensation dis-
crimination case; 
(2) for purposes of its investigative, compliance, 
and enforcement activities, shall define ‘‘similarly 
situated employees’’ in a way that is consistent with 
and not more stringent than the definition provided 
in item 1 of subsection A of section 10–III of the 
Equal Employment Opportunity Commission Com-
pliance Manual (2000), and shall consider only fac-
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tors that the Office’s investigation reveals were used 
in making compensation decisions; and 
(3) shall implement a survey to collect com-
pensation data and other employment-related data 
(including hiring, termination, and promotion data) 
and designate not less than half of all nonconstruc-
tion contractor establishments each year to prepare 
and file such survey, and shall review and utilize the 
responses to such survey to identify contractor es-
tablishments for further evaluation and for other en-
forcement purposes as appropriate. 
(c) DEPARTMENT
OF LABOR DISTRIBUTION
OF 
WAGE DISCRIMINATION INFORMATION.—The Secretary of 
Labor shall make readily available (in print, on the De-
partment of Labor website, and through any other forum 
that the Department may use to distribute compensation 
discrimination information), accurate information on com-
pensation discrimination, including statistics, explanations 
of employee rights, historical analyses of such discrimina-
tion, instructions for employers on compliance, and any 
other information that will assist the public in under-
standing and addressing such discrimination. 
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SEC. 10. PROHIBITIONS RELATING TO PROSPECTIVE EM-
PLOYEES’ SALARY AND BENEFIT HISTORY. 
(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: 
‘‘SEC. 8. REQUIREMENTS AND PROHIBITIONS RELATING TO 
WAGE, SALARY, AND BENEFIT HISTORY. 
‘‘(a) IN GENERAL.—It shall be an unlawful practice 
for an employer to— 
‘‘(1) rely on the wage history of a prospective 
employee in considering the prospective employee for 
employment, including requiring that a prospective 
employee’s prior wages satisfy minimum or max-
imum criteria as a condition of being considered for 
employment; 
‘‘(2) rely on the wage history of a prospective 
employee in determining the wages for such prospec-
tive employee, except that an employer may rely on 
wage history if it is voluntarily provided by a pro-
spective employee, after the employer makes an offer 
of employment with an offer of compensation to the 
prospective employee, to support a wage higher than 
the wage offered by the employer; 
‘‘(3) seek from a prospective employee or any 
current or former employer the wage history of the 
prospective employee, except that an employer may 
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seek to confirm prior wage information only after an 
offer of employment with compensation has been 
made to the prospective employee and the prospec-
tive employee responds to the offer by providing 
prior wage information to support a wage higher 
than that offered by the employer; or 
‘‘(4) discharge or in any other manner retaliate 
against any employee or prospective employee be-
cause the employee or prospective employee— 
‘‘(A) opposed any act or practice made un-
lawful by this section; or 
‘‘(B) took an action for which discrimina-
tion is forbidden under section 15(a)(3). 
‘‘(b) DEFINITION.—In this section, the term ‘wage 
history’ means the wages paid to the prospective employee 
by the prospective employee’s current employer or previous 
employer.’’. 
(b) PENALTIES.—Section 16 of such Act (29 U.S.C. 
216) is amended by adding at the end the following new 
subsection: 
‘‘(f)(1) Any person who violates the provisions of sec-
tion 8 shall— 
‘‘(A) be subject to a civil penalty of $5,000 for 
a first offense, increased by an additional $1,000 for 
each subsequent offense, not to exceed $10,000; and 
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‘‘(B) be liable to each employee or prospective 
employee who was the subject of the violation for 
special damages not to exceed $10,000 plus attor-
neys’ fees, and shall be subject to such injunctive re-
lief as may be appropriate. 
‘‘(2) An action to recover the liability described in 
paragraph (1)(B) may be maintained against any em-
ployer (including a public agency) in any Federal or State 
court of competent jurisdiction by any one or more em-
ployees or prospective employees for and on behalf of— 
‘‘(A) the employees or prospective employees; 
and 
‘‘(B) other employees or prospective employees 
similarly situated.’’. 
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this Act. 
(b) PROHIBITION ON EARMARKS.—None of the funds 
appropriated pursuant to subsection (a) for purposes of 
the grant program in section 5 of this Act may be used 
for a congressional earmark as defined in clause 9(e) of 
rule XXI of the Rules of the House of Representatives. 
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SEC. 12. SMALL BUSINESS ASSISTANCE. 
(a) EFFECTIVE DATE.—This Act and the amend-
ments made by this Act shall take effect on the date that 
is 6 months after the date of enactment of this Act. 
(b) TECHNICAL ASSISTANCE MATERIALS.—The Sec-
retary of Labor and the Commissioner of the Equal Em-
ployment Opportunity Commission shall jointly develop 
technical assistance material to assist small enterprises in 
complying with the requirements of this Act and the 
amendments made by this Act. 
(c) SMALL BUSINESSES.—A small enterprise shall be 
exempt from the provisions of this Act, and the amend-
ments made by this Act, to the same extent that such en-
terprise is exempt from the requirements of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) pur-
suant to clauses (i) and (ii) of section 3(s)(1)(A) of such 
Act (29 U.S.C. 203(s)(1)(A)). 
SEC. 13. RULE OF CONSTRUCTION. 
Nothing in this Act, or in any amendments made by 
this Act, shall affect the obligation of employers and em-
ployees to fully comply with all applicable immigration 
laws, including being subject to any penalties, fines, or 
other sanctions. 
SEC. 14. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of that provision or amend-
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