(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 as-
sistance; 
(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 
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. 
(5) The Department of Labor and the Equal 
Employment Opportunity Commission have impor-
tant and unique responsibilities to help ensure that 
women receive equal pay for equal work. 
(6) The Department of Labor is responsible 
for— 
(A) collecting and making publicly avail-
able information about women’s pay; 
(B) ensuring that companies receiving 
Federal contracts comply with anti-discrimina-
tion affirmative action requirements of Execu-
tive Order No. 11246 (relating to equal employ-
ment opportunity); 
(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) being proactive in investigating and 
prosecuting equal pay violations, especially sys-
temic violations, and in enforcing all of its man-
dates. 
(7) The Equal Employment Opportunity Com-
mission is the primary enforcement agency for 
claims made under the Equal Pay Act, and issues 
regulations and guidance on appropriate interpreta-
tions of the law. 
(8) With a stronger commitment by the Depart-
ment of Labor and the Equal Employment Oppor-
tunity Commission to their responsibilities, increased 
information as a result of the amendments made by 
this Act to the Equal Pay Act of 1963, wage data, 
and more effective remedies, women will be better 
able to recognize and enforce their rights. 
(9) Certain employers have already made great 
strides in eradicating unfair pay disparities in the
workplace and their achievements should be recog-
nized. 
SEC. 203. 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.