IB 
Union Calendar No. 6 
116TH CONGRESS 
1ST SESSION 
H. R. 7 
[Report No. 116–18] 
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 
JANUARY 30, 2019 
Ms. DELAURO (for herself, Ms. PELOSI, Mr. HOYER, Mr. CLYBURN, Mr. 
SCOTT of Virginia, Mrs. DEMINGS, Mr. HUFFMAN, Ms. BROWNLEY of 
California, Mr. SABLAN, Mr. FOSTER, Mr. TONKO, Mr. COOPER, Ms. 
SCHAKOWSKY, Ms. WASSERMAN SCHULTZ, Mr. HASTINGS, Mrs. CARO-
LYN B. MALONEY of New York, Ms. KAPTUR, Mr. POCAN, Mr. WELCH, 
Mr. DAVID SCOTT of Georgia, Mr. RICHMOND, Ms. FRANKEL, Ms. 
CLARK of Massachusetts, Mr. LIPINSKI, Mr. CA´RDENAS, Mrs. LOWEY, 
Mrs. TORRES of California, Mr. NADLER, Mr. CLAY, Mr. BRENDAN F. 
BOYLE of Pennsylvania, Mr. DEUTCH, Mr. CUMMINGS, Ms. JACKSON 
LEE, Mr. GRIJALVA, Mr. PANETTA, Ms. PINGREE, Mr. SERRANO, Mr. 
SEAN PATRICK MALONEY of New York, Mr. VELA, Ms. NORTON, Mr. 
MCEACHIN, Ms. SPEIER, Mr. KHANNA, Mr. JOHNSON of Georgia, Mr. 
SCHIFF, Mrs. DAVIS of California, Ms. MATSUI, Mrs. BEATTY, Mr. 
CORREA, Mr. MOULTON, Ms. ROYBAL-ALLARD, Ms. MCCOLLUM, Ms. 
DEGETTE, Ms. BONAMICI, Mrs. LAWRENCE, Mr. SWALWELL of Cali-
fornia, Mr. DESAULNIER, Mr. LUJA´N, Mr. LANGEVIN, Ms. WILD, Mr. 
MCNERNEY, Mr. DEFAZIO, Mr. BEYER, Mr. HIGGINS of New York, Mr. 
PRICE of North Carolina, Mr. ESPAILLAT, Mr. RUPPERSBERGER, Ms. 
CLARKE of New York, Mr. HECK, Mr. CONNOLLY, Mr. PALLONE, Mr. 
LARSON of Connecticut, Mr. MORELLE, Mr. GREEN of Texas, Miss RICE 
of New York, Mr. CARTWRIGHT, Mr. KILMER, Mr. PERLMUTTER, Mr. 
SMITH of Washington, Ms. BASS, Mrs. NAPOLITANO, Mr. CARBAJAL, Ms. 
WILSON of Florida, Mr. COHEN, Ms. MENG, Mrs. DINGELL, Ms. BLUNT 
ROCHESTER, Ms. BARRAGA´N, Mr. DANNY K. DAVIS of Illinois, Ms. 
VELA´ZQUEZ, Mr. LAWSON of Florida, Mr. GARAMENDI, Mr. SOTO, Mr. 
LARSEN of Washington, Mr. EVANS, Mr. VEASEY, Ms. ADAMS, Mr. 
SCHRADER, Mr. NORCROSS, Mr. SARBANES, Mr. BISHOP of Georgia, Mr. 
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RASKIN, Mr. HIMES, Mr. SHERMAN, Ms. KELLY
of Illinois, Mr. 
O’HALLERAN, Mr. TAKANO, Ms. JUDY CHU of California, Ms. LEE of 
California, Mr. LEWIS, Mr. BLUMENAUER, Mr. QUIGLEY, Mr. LYNCH, 
Mr. PASCRELL, Ms. FUDGE, Mr. COSTA, Mr. RUIZ, Mr. GONZALEZ of 
Texas, Ms. ESHOO, Mrs. WATSON COLEMAN, Mr. MCGOVERN, Mr. 
CISNEROS, Mr. RUSH, Mr. COURTNEY, Mr. ENGEL, Ms. HAALAND, Ms. 
GABBARD, Mr. CRIST, Ms. OMAR, Mr. SMITH of New Jersey, Mr. LEVIN 
of Michigan, Mr. KRISHNAMOORTHI, Mr. KEATING, Mr. BROWN of Mary-
land, Mr. LAMB, Ms. KUSTER of New Hampshire, Mr. SIRES, Mr. YAR-
MUTH, Mr. PETERS, Mr. KENNEDY, Ms. MOORE, Mr. BERA, Ms. 
JAYAPAL, Mrs. BUSTOS, Ms. CASTOR of Florida, Mr. CICILLINE, Mr. 
GALLEGO, Mr. VARGAS, Mr. PAPPAS, Ms. DEAN, Ms. OCASIO-CORTEZ, 
Ms. HILL of California, Mr. SCHNEIDER, Ms. SA´NCHEZ, Ms. SHALALA, 
Mr. CASE, Mrs. LEE of Nevada, Mr. ALLRED, Mr. AGUILAR, Mr. VIS-
CLOSKY, Mr. TED LIEU of California, Mr. COX of California, Mr. 
BUTTERFIELD, Ms. PLASKETT, Mrs. CRAIG, Mr. ROUDA, Mrs. TRAHAN, 
Mr. GOLDEN, Mrs. LURIA, Mr. BRINDISI, Mr. LOWENTHAL, Ms. TLAIB, 
Ms. WEXTON, Ms. UNDERWOOD, Ms. SCANLON, Ms. PORTER, Mr. 
NEGUSE, Mr. DELGADO, Ms. HOULAHAN, Ms. JOHNSON of Texas, Mrs. 
HAYES, Mr. LEVIN of California, Mr. RYAN, Ms. DAVIDS of Kansas, Ms. 
PRESSLEY, Ms. DELBENE, Ms. KENDRA S. HORN of Oklahoma, Ms. SE-
WELL of Alabama, Mr. GARCI´A of Illinois, Mr. THOMPSON of Mississippi, 
Ms. GARCIA of Texas, Mr. ROSE of New York, Mr. CARSON of Indiana, 
Mrs. MURPHY, Mr. CASTRO of Texas, Mr. GOMEZ, Mr. KILDEE, Mr. 
LOEBSACK, Mr. HORSFORD, Mr. JEFFRIES, Mr. PAYNE, Ms. TITUS, Mrs. 
KIRKPATRICK, Mr. VAN DREW, Mr. KIM, Ms. LOFGREN, Mr. THOMPSON 
of California, Ms. SCHRIER, Mr. CLEAVER, Mr. KIND, Mrs. AXNE, Ms. 
WATERS, Mr. CUELLAR, Mr. DOGGETT, Mr. MEEKS, Mr. NEAL, Mr. 
PETERSON, Mr. SUOZZI, Ms. SLOTKIN, Mr. CROW, Mr. MALINOWSKI, Mr. 
STANTON, Mr. GOTTHEIMER, Ms. FINKENAUER, Ms. MUCARSEL-POW-
ELL, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. TRONE, Ms. 
SPANBERGER, Ms. SHERRILL, Mr. CASTEN of Illinois, Mr. MCADAMS, 
Ms. ESCOBAR, Mrs. MCBATH, Mrs. FLETCHER, Ms. TORRES SMALL of 
New Mexico, Ms. STEVENS, Mr. PHILLIPS, Mr. CUNNINGHAM, Mr. SAN 
NICOLAS, and Mr. HARDER of California) introduced the following bill; 
which was referred to the Committee on Education and Labor 
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MARCH 18, 2019 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on January 30, 2019] 
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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. 
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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 finds the following: 
(1) Women have entered the workforce in record 
numbers over the past 50 years. 
(2) Despite the enactment of the Equal Pay Act 
of 1963, many women continue to earn significantly 
lower pay than men for equal work. These pay dis-
parities exist in both the private and governmental 
sectors. 
(3) In many instances, the pay disparities can 
only be due to continued intentional discrimination 
or the lingering effects of past discrimination. After 
controlling for educational attainment, occupation, 
industry, union status, race, ethnicity, and labor 
force experience roughly 40 percent of the pay gap re-
mains unexplained. 
(4) The existence of such pay disparities— 
(A) depresses the wages of working families 
who rely on the wages of all members of the fam-
ily to make ends meet; 
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(B) undermines women’s retirement secu-
rity, which is often based on earnings while in 
the workforce; 
(C) prevents women from realizing their full 
economic potential, particularly in terms of 
labor force participation and attachment; 
(D) has been spread and perpetuated, 
through commerce and the channels and instru-
mentalities of commerce, among the workers of 
the several States; 
(E) burdens commerce and the free flow of 
goods in commerce; 
(F) constitutes an unfair method of com-
petition in commerce; 
(G) tends to cause labor disputes, as evi-
denced by the tens of thousands of charges filed 
with the Equal Employment Opportunity Com-
mission against employers between 2010 and 
2016; 
(H) interferes with the orderly and fair 
marketing of goods in commerce; and 
(I) in many instances, may deprive workers 
of equal protection on the basis of sex in viola-
tion of the 5th and 14th Amendments to the Con-
stitution. 
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(5)(A) Artificial barriers to the elimination of 
discrimination in the payment of wages on the basis 
of sex continue to exist 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) These barriers have resulted, in significant 
part, because the Equal Pay Act of 1963 has not 
worked as Congress originally intended. Improve-
ments and modifications to the law are necessary to 
ensure that the Act provides effective protection to 
those subject to pay discrimination on the basis of 
their sex. 
(C) 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 assist-
ance; 
(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 
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the future workers are afforded equal protection 
on the basis of sex; and 
(v) ensuring equal protection pursuant to 
Congress’ power to enforce the 5th and 14th 
Amendments to the Constitution. 
(6) The Department of Labor and the Equal 
Employment Opportunity Commission carry out 
functions to help ensure that women receive equal pay 
for equal work. 
(7) The Department of Labor is responsible for— 
(A) collecting and making publicly avail-
able information about women’s pay; 
(B) ensuring that companies receiving Fed-
eral contracts comply with anti-discrimination 
affirmative action requirements of Executive 
Order 11246 (relating to equal employment op-
portunity); 
(C) disseminating information about wom-
en’s rights in the workplace; 
(D) helping women who have been victims 
of pay discrimination obtain a remedy; and 
(E) investigating and prosecuting systemic 
gender based pay discrimination involving gov-
ernment contractors. 
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(8) The Equal Employment Opportunity Com-
mission is the primary enforcement agency for claims 
made under the Equal Pay Act of 1963, and issues 
regulations and guidance on appropriate interpreta-
tions of the law. 
(9) Vigorous implementation by the Department 
of Labor and the Equal Employment Opportunity 
Commission, increased information as a result of the 
amendments made by this Act, wage data, and more 
effective remedies, will ensure that women are better 
able to recognize and enforce their rights. 
(10) 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) BONA FIDE FACTOR DEFENSE AND MODIFICATION 
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’’; 
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(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 subpara-
graph (A)(iv) shall apply only if the employer demonstrates 
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; (iii) is consistent 
with business necessity; and (iv) accounts for the entire dif-
ferential in compensation at issue. Such defense shall not 
apply where the employee demonstrates that an alternative 
employment practice exists that would serve the same busi-
ness purpose without producing such differential and that 
the employer has refused to adopt such alternative 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 located 
in the same county or similar political subdivision of a 
State. The preceding sentence shall not be construed as lim-
iting broader applications of the term ‘establishment’ con-
sistent with rules prescribed or guidance issued by the 
Equal Employment Opportunity Commission.’’. 
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(b) NONRETALIATION PROVISION.—Section 15 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 215) is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (3), by striking ‘‘employee 
has filed’’ and all that follows and inserting 
‘‘employee— 
‘‘(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 testi-
fied 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 em-
ployee;’’; 
(B) in paragraph (5), by striking the period 
at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
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‘‘(6) to require an employee to sign a contract or 
waiver that would prohibit the employee from dis-
closing information about the employee’s wages.’’; and 
(2) by adding at the end the following: 
‘‘(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 employees 
to individuals who do not otherwise have access to such in-
formation, unless such disclosure is in response to a com-
plaint or charge or in furtherance of an investigation, pro-
ceeding, hearing, or action under section 6(d), including an 
investigation conducted by the employer. Nothing in this 
subsection shall be construed to limit the rights of an em-
ployee 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 amend-
ed— 
(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 em-
ployer acted with malice or reckless indifference, pu-
nitive damages as may be appropriate, except that 
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the United States shall not be liable for punitive dam-
ages.’’; 
(2) in the sentence beginning ‘‘An action to’’, by 
striking ‘‘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 ac-
tion as provided by the Federal Rules of Civil Proce-
dure.’’; and 
(5) in the sentence beginning ‘‘The court in’’— 
(A) by striking ‘‘in such action’’ and insert-
ing ‘‘in any action brought to recover the liabil-
ity prescribed in any of the preceding sentences 
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 amend-
ed— 
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SEC. 4. TRAINING. 
The Equal Employment Opportunity Commission and 
the Office of Federal Contract Compliance Programs, sub-
ject to the availability of funds appropriated under section 
11, shall provide training to Commission employees and af-
fected individuals and entities on matters involving dis-
crimination in the payment of wages. 
SEC. 5. NEGOTIATION SKILLS TRAINING. 
(a) PROGRAM AUTHORIZED.— 
(1) IN GENERAL.—The Secretary of Labor, after 
consultation with the Secretary of Education, is au-
thorized to establish and carry out a grant program. 
(2) GRANTS.—In carrying out the program, the 
Secretary of Labor may make grants on a competitive 
basis to eligible entities to carry out negotiation skills 
training programs for the purposes of addressing pay 
disparities, including through outreach to women and 
girls. 
(3) ELIGIBLE ENTITIES.—To be eligible to re-
ceive a grant under this subsection, an entity shall be 
a public agency, such as a State, a local government 
in a metropolitan statistical area (as defined by the 
Office of Management and Budget), a State edu-
cational agency, or a local educational agency, a pri-
vate nonprofit organization, or a community-based 
organization. 
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(4) APPLICATION.—To be eligible to receive a 
grant under this subsection, an entity shall submit an 
application to the Secretary of Labor at such time, in 
such manner, and containing such information as the 
Secretary of Labor may require. 
(5) USE OF FUNDS.—An entity that receives a 
grant under this subsection shall use the funds made 
available through the grant to carry out an effective 
negotiation skills training program for the purposes 
described in paragraph (2). 
(b) INCORPORATING TRAINING INTO EXISTING PRO-
GRAMS.—The Secretary of Labor and the Secretary of Edu-
cation shall issue regulations or policy guidance that pro-
vides for integrating the negotiation skills training, to the 
extent practicable, into programs authorized under— 
(1) in the case of the Secretary of Education, the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6301 et seq.), the Carl D. Perkins Career 
and Technical Education Act of 2006 (20 U.S.C. 
2301 et seq.), the Higher Education Act of 1965 (20 
U.S.C. 1001 et seq.), and other programs carried out 
by the Department of Education that the Secretary of 
Education determines to be appropriate; and 
(2) in the case of the Secretary of Labor, the 
Workforce Innovation and Opportunity Act (29 
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U.S.C. 3101 et seq.), and other programs carried out 
by the Department of Labor that the Secretary of 
Labor determines to be appropriate. 
(c) REPORT.—Not later than 18 months after the date 
of enactment of this Act, and annually thereafter, the Sec-
retary of Labor, in consultation with the Secretary of Edu-
cation, shall prepare and submit to Congress a report de-
scribing the activities conducted under this section and 
evaluating the effectiveness of such activities in achieving 
the purposes of this section. 
SEC. 6. RESEARCH, EDUCATION, AND OUTREACH. 
Not later than 18 months after the date of enactment 
of this Act, and periodically thereafter, the Secretary of 
Labor shall conduct studies and provide information to em-
ployers, 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 conditions 
leading to the pay disparities; 
(2) publishing and otherwise making available to 
employers, labor organizations, professional associa-
tions, educational institutions, the media, and the 
general public the findings resulting from studies and 
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other materials, relating to eliminating the pay dis-
parities; 
(3) sponsoring and assisting State, local, and 
community informational and educational programs; 
(4) providing information to employers, labor 
organizations, professional associations, and other in-
terested persons on the means of eliminating the pay 
disparities; and 
(5) recognizing and promoting the achievements 
of employers, labor organizations, and professional 
associations that have worked to eliminate the pay 
disparities. 
SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR 
PAY EQUITY IN THE WORKPLACE. 
(a) IN GENERAL.—There is established the Secretary 
of Labor’s National Award for Pay Equity in the Work-
place, which shall be awarded, on an annual basis, to an 
employer to encourage proactive efforts to comply with sec-
tion 6(d) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 206(d)), as amended by this Act. 
(b) CRITERIA FOR QUALIFICATION.—The Secretary of 
Labor shall set criteria for receipt of the award, including 
a requirement that an employer has made substantial effort 
to eliminate pay disparities between men and women, and 
deserves special recognition as a consequence of such effort. 
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The Secretary shall establish procedures for the application 
and presentation of the award. 
(c) BUSINESS.—In this section, the term ‘‘employer’’ 
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 following: 
‘‘(f)(1) Not later than 18 months after the date of en-
actment of this subsection, the Commission shall issue regu-
lations to provide for the collection from employers of com-
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