(2) by adding after paragraph (5) the following: 
‘‘(6) to discriminate against any individual be-
cause such individual has opposed any act or prac-
tice made unlawful by section 6(h) or because such 
individual made a charge, testified, assisted, or par-
ticipated in any manner in an investigation, pro-
ceeding, or hearing to enforce section 6(h); or 
‘‘(7) to discharge or in any other manner dis-
criminate against, coerce, intimidate, threaten, or 
interfere with any employee or any other person be-
cause the employee inquired about, disclosed, com-
pared, or otherwise discussed the employee’s wages 
or the wages of any other employee, or because the 
employee exercised, enjoyed, aided, or encouraged 
any other person to exercise or enjoy any right 
granted or protected by section 6(h).’’. 
SEC. 5. REMEDIES. 
(a) 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 subsection (d) or 
(h) of section 6 shall additionally be liable for such 
compensatory or punitive damages as may be appro-
priate, except that the United States shall not be lia-
ble for punitive damages.’’; 
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(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’’, 
by striking ‘‘No employees’’ and inserting ‘‘Except 
with respect to class actions brought under sub-
section (f), no employee’’; 
(4) in the sentence beginning ‘‘The court in’’, 
by striking ‘‘in such action’’ and inserting ‘‘in any 
action brought to recover the liability prescribed in 
any of the preceding sentences of this subsection’’; 
and 
(5) by striking ‘‘section 15(a)(3)’’ each place it 
occurs and inserting ‘‘paragraphs (3), (6), and (7) 
of section 15(a)’’. 
(b) 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 subsection (d) or (h) of section 6, addi-
tional compensatory or punitive damages,’’ be-
fore ‘‘and the agreement’’; and 
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(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 subsection (d) or (h) of section 6, additional 
compensatory or punitive damages’’; and 
(3) in the third sentence, by striking ‘‘the first 
sentence’’ and inserting ‘‘the first or second sen-
tence’’. 
(c) FEES.—Section 16 (29 U.S.C. 216) is amended 
by adding at the end the following: 
‘‘(f) In any action brought under this section for a 
violation of section 6(h), the court shall, in addition to 
any other remedies awarded to the prevailing plaintiff or 
plaintiffs, allow expert fees as part of the costs. Any such 
action may be maintained as a class action as provided 
by the Federal Rules of Civil Procedure.’’. 
SEC. 6. RECORDS. 
(a) RECORDS.—Section 11(c) (29 U.S.C. 211(c)) is 
amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 
(2) by adding at the end the following: 
‘‘(2) Every employer subject to section 6(h) shall pre-
serve records that document and support the method, sys-
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tem, calculations, and other bases used by the employer 
in establishing, adjusting, and determining the wage rates 
paid to the employees of the employer. Every employer 
subject to section 6(h) shall preserve such records for such 
periods of time, and shall make such reports from the 
records to the Equal Employment Opportunity Commis-
sion, as shall be prescribed by the Equal Employment Op-
portunity Commission by regulation or order as necessary 
or appropriate for the enforcement of the provisions of sec-
tion 6(h) or any regulation promulgated pursuant to sec-
tion 6(h).’’. 
(b) SMALL BUSINESS EXEMPTIONS.—Section 11(c) 
(as amended by subsection (a)) is further amended by 
adding at the end the following: 
‘‘(3) Every employer subject to section 6(h) that has 
25 or more employees on any date during the first or sec-
ond year after the effective date of this paragraph, or 15 
or more employees on any date during any subsequent 
year after such second year, shall, in accordance with reg-
ulations promulgated by the Equal Employment Oppor-
tunity Commission under paragraph (8), prepare and sub-
mit to the Equal Employment Opportunity Commission 
for the year involved a report signed by the president, 
treasurer, or corresponding principal officer, of the em-
ployer that includes information that discloses the wage 
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rates paid to employees of the employer in each classifica-
tion, position, or job title, or to employees in other wage 
groups employed by the employer, including information 
with respect to the sex, race, and national origin of em-
ployees at each wage rate in each classification, position, 
job title, or other wage group.’’. 
(c) PROTECTION
OF
CONFIDENTIALITY.—Section 
11(c) (as amended by subsections (a) and (b)) is further 
amended by adding at the end the following: 
‘‘(4) The rules and regulations promulgated by the 
Equal Employment Opportunity Commission under para-
graph (8), relating to the form of such a report, shall in-
clude requirements to protect the confidentiality of em-
ployees, including a requirement that the report shall not 
contain the name of any individual employee.’’. 
(d) USE; INSPECTIONS; EXAMINATION; REGULA-
TIONS.—Section 11(c) (as amended by subsections (a) 
through (c)) is further amended by adding at the end the 
following: 
‘‘(5) The Equal Employment Opportunity Commis-
sion may publish any information and data that the Equal 
Employment Opportunity Commission obtains pursuant to 
the provisions of paragraph (3). The Equal Employment 
Opportunity Commission may use the information and 
data for statistical and research purposes, and compile 
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and publish such studies, analyses, reports, and surveys 
based on the information and data as the Equal Employ-
ment Opportunity Commission may consider appropriate. 
‘‘(6) In order to carry out the purposes of this Act, 
the Equal Employment Opportunity Commission shall by 
regulation make reasonable provision for the inspection 
and examination by any person of the information and 
data contained in any report submitted to the Equal Em-
ployment Opportunity Commission pursuant to paragraph 
(3). 
‘‘(7) The Equal Employment Opportunity Commis-
sion shall by regulation provide for the furnishing of copies 
of reports submitted to the Equal Employment Oppor-
tunity Commission pursuant to paragraph (3) to any per-
son upon payment of a charge based upon the cost of the 
service. 
‘‘(8) The Equal Employment Opportunity Commis-
sion shall issue rules and regulations prescribing the form 
and content of reports required to be submitted under 
paragraph (3) and such other reasonable rules and regula-
tions as the Equal Employment Opportunity Commission 
may find necessary to prevent the circumvention or eva-
sion of such reporting requirements. In exercising the au-
thority of the Equal Employment Opportunity Commis-
sion under paragraph (3), the Equal Employment Oppor-
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03:03 May 25, 2021
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