(A) by striking paragraph (3); and 
(B) by redesignating paragraph (4) as 
paragraph (3); and 
(2) in subsection (c), by striking ‘‘section—’’ 
and all that follows through the period, and insert-
ing ‘‘section, any party may demand a jury trial.’’. 
Subtitle F—Prohibitions Against 
Sex Discrimination 
SEC. 451. FINDINGS. 
Congress makes the following findings: 
(1) Women have entered the workforce in 
record numbers. 
(2) Even today, women earn significantly lower 
pay than men for work on jobs that require equal 
skill, effort, and responsibility and that are per-
formed under similar working conditions. These pay 
disparities exist in both the private and govern-
mental sectors. In many instances, the pay dispari-
ties can only be due to continued intentional dis-
crimination or the lingering effects of past discrimi-
nation. 
(3) The existence of such pay disparities— 
(A) depresses the wages of working fami-
lies who rely on the wages of all members of the 
family to make ends meet; 
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(B) prevents the optimum utilization of 
available labor resources; 
(C) burdens commerce and the free flow of 
goods in commerce; and 
(D) in many instances, may deprive work-
ers of equal protection on the basis of sex in 
violation of the 5th and 14th amendments. 
(4) Artificial barriers to the elimination of dis-
crimination 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.). 
SEC. 452. ENHANCED ENFORCEMENT OF EQUAL PAY RE-
QUIREMENTS. 
(a) REQUIRED DEMONSTRATION FOR AFFIRMATIVE 
DEFENSE.—Section 6(d)(1) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 206(d)(1)) is amended by striking 
‘‘(iv) a differential’’ and all that follows through the period 
and inserting the following: ‘‘(iv) a differential based on 
a bona fide factor other than sex, such as education, train-
ing or experience, except that this clause shall apply only 
if— 
‘‘(I) the employer demonstrates that— 
‘‘(aa) such factor— 
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‘‘(AA) is job-related with respect to 
the position in question; or 
‘‘(BB) furthers a legitimate business 
purpose, except that this item shall not 
apply where the employee demonstrates 
that an alternative employment practice 
exists that would serve the same business 
purpose without producing such differen-
tial and that the employer has refused to 
adopt such alternative practice; and 
‘‘(bb) such factor was actually applied and 
used reasonably in light of the asserted jus-
tification; and 
‘‘(II) upon the employer succeeding under sub-
clause (I), the employee fails to demonstrate that 
the differential produced by the reliance of the em-
ployer on such factor is itself the result of discrimi-
nation on the basis of sex by the employer. 
An employer that is not otherwise in compliance with this 
paragraph may not reduce the wages of any employee in 
order to achieve such compliance.’’. 
(b) APPLICATION OF PROVISIONS.—Section 6(d)(1) 
of the Fair Labor Standards Act of 1938 (29 U.S.C. 
206(d)(1)) is amended by adding at the end the following: 
‘‘The provisions of this subsection shall apply to applicants 
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for employment if such applicants, upon employment by 
the employer, would be subject to any provisions of this 
section.’’. 
(c) ELIMINATION
OF ESTABLISHMENT REQUIRE-
MENT.—Section 6(d) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 206(d)) is amended— 
(1) by striking ‘‘, within any establishment in 
which such employees are employed,’’; and 
(2) by striking ‘‘in such establishment’’ each 
place it appears. 
(d) NONRETALIATION PROVISION.—Section 15(a)(3) 
of the Fair Labor Standards Act of 1938 (29 U.S.C. 
215(a)(3)) is amended— 
(1) by striking ‘‘or has’’ each place it appears 
and inserting ‘‘has’’; and 
(2) by inserting before the semicolon the fol-
lowing: ‘‘, or has inquired about, discussed, or other-
wise disclosed the wages of the employee or another 
employee, or because the employee (or applicant) has 
made a charge, testified, assisted, or participated in 
any manner in an investigation, proceeding, hearing, 
or action under section 6(d)’’. 
(e) ENHANCED PENALTIES.—Section 16(b) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is 
amended— 
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(1) by inserting after the first sentence the fol-
lowing: ‘‘Any employer who violates section 6(d) 
shall additionally be liable for such compensatory or 
punitive damages as may be appropriate, except 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 
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 
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(B) by inserting before the period the fol-
lowing: ‘‘, including expert fees’’. 
(f) 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 
punitive damages,’’ before ‘‘and the agree-
ment’’; 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’’; 
(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’’; 
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