I 
109TH CONGRESS 
1ST SESSION H. R. 1687 
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 
APRIL 19, 2005 
Ms. DELAURO (for herself, Mr. WEXLER, Mr. MORAN of Virginia, Mr. VAN 
HOLLEN, Mr. GEORGE MILLER of California, Mr. GUTIERREZ, Mr. 
DEFAZIO, Mr. CUELLAR, Mr. STARK, Mr. OBERSTAR, Mr. FARR, Mr. 
ENGEL, Mr. MCDERMOTT, Mr. DINGELL, Mrs. MALONEY, Mr. HOLT, 
Mr. PALLONE, Ms. BERKLEY, Mrs. MCCARTHY, Ms. SCHAKOWSKY, Mr. 
MILLER of North Carolina, Mr. BOSWELL, Mr. JACKSON of Illinois, Mr. 
HONDA, Mr. WEINER, Mr. FRANK of Massachusetts, Mrs. TAUSCHER, 
Mr. SHERMAN, Mr. LANTOS, Mr. DICKS, Mr. MCGOVERN, Mr. PRICE of 
North Carolina, Mr. CUMMINGS, Ms. WASSERMAN SCHULTZ, Ms. BALD-
WIN, Mr. KENNEDY of Rhode Island, Mr. TIERNEY, Mr. SCOTT of Geor-
gia, Mr. UDALL of New Mexico, Ms. CORRINE BROWN of Florida, Mr. 
NADLER, Ms. MCCOLLUM of Minnesota, Mrs. JONES of Ohio, Mr. HIN-
CHEY, Mr. STRICKLAND, Ms. LEE, Mr. KILDEE, Mr. CROWLEY, Ms. 
PELOSI, Mr. GRIJALVA, Ms. SLAUGHTER, Mr. NEAL of Massachusetts, 
Mr. LANGEVIN, Mr. EVANS, Mr. ABERCROMBIE, Mr. WU, Mr. ALLEN, 
Ms. SOLIS, and Ms. WOOLSEY) introduced the following bill; which was 
referred to the Committee on Education and the Workforce 
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.
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 makes the following findings: 
(1) Women have entered the workforce in 
record numbers over the past 50 years. 
(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; 
(B) undermines women’s retirement secu-
rity, which is often based on earnings while in 
the workforce;
(C) prevents the optimum utilization of 
available labor resources; 
(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) leads to labor disputes burdening and 
obstructing commerce and the free flow of 
goods in commerce; 
(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. 
(4)(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) 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 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 has important 
and unique responsibilities to help ensure that 
women receive equal pay for doing work that is sub-
stantially equal to men’s 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 11246 (relating to equal employment 
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) With a stronger commitment by the Depart-
ment of Labor to its responsibilities, increased infor-
mation about the provisions added by the Equal Pay 
Act of 1963, wage data, and more effective rem-
edies, women will be better able to recognize and en-
force their rights. 
(8) 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) 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, training or experience, except 
that the bona fide factor defense shall apply only if— 
‘‘(I) the employer demonstrates that— 
‘‘(aa) such factor— 
‘‘(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
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 
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— 
(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 
(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’’; 
(B) by striking the period and inserting ‘‘; 
or’’; and 
(C) by adding at the end the following: 
‘‘(2) in the case of a class action brought to en-
force section 6(d), on the date on which the indi-
vidual becomes a party plaintiff to the class action’’. 
SEC. 4. TRAINING. 
The Equal Employment Opportunity Commission 
and the Office of Federal Contract Compliance Programs, 
subject to the availability of funds appropriated under sec-
tion 11, shall provide training to Commission employees 
and affected individuals and entities on matters involving 
discrimination in the payment of wages. 
SEC. 5. NEGOTIATION SKILLS TRAINING FOR GIRLS AND 
WOMEN. 
(a) PROGRAM AUTHORIZED.— 
(1) IN
GENERAL.—The Secretary of Labor, 
after consultation with the Secretary of Education,
is authorized to establish and carry out a grant pro-
gram. 
(2) GRANTS.—In carrying out the program, the 
Secretary of Labor may make grants on a competi-
tive basis to eligible entities, to carry out negotiation 
skills training programs for girls and women. 
(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 govern-
ment in a metropolitan statistical area (as defined 
by the Office of Management and Budget), a State 
educational agency, or a local educational agency, a 
private nonprofit organization, or a community- 
based organization. 
(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 informa-
tion 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 that empowers 
girls and women. The training provided through the 
program shall help girls and women strengthen their
negotiation skills to allow the girls and women to ob-
tain higher salaries and the best compensation pack-
ages possible for themselves. 
(b) INCORPORATING TRAINING INTO EXISTING PRO-
GRAMS.—The Secretary of Labor and the Secretary of 
Education shall issue regulations or policy guidance that 
provides 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 
Vocational and Technical Education Act of 1998 (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 appro-
priate; and 
(2) in the case of the Secretary of Labor, the 
Workforce Investment Act of 1998 (29 U.S.C. 2801 
et seq.), and other programs carried out by the De-
partment of Labor that the Secretary of Labor de-
termines to be appropriate. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, and annually thereafter, the Sec-
retary of Labor and the Secretary of Education shall pre-
pare and submit to Congress a report describing the ac-
tivities conducted under this section. 
SEC. 6. RESEARCH, EDUCATION, AND OUTREACH. 
The Secretary of Labor shall conduct studies and 
provide information to employers, labor organizations, and 
the general public concerning the means available to elimi-
nate pay disparities between men and women, including— 
(1) conducting and promoting research to de-
velop the means to correct expeditiously the condi-
tions leading to the pay disparities; 
(2) publishing and otherwise making available 
to employers, labor organizations, professional asso-
ciations, educational institutions, the media, and the 
general public the findings resulting from studies 
and other materials, relating to eliminating the pay 
disparities; 
(3) sponsoring and assisting State and commu-
nity informational and educational programs; 
(4) providing information to employers, labor 
organizations, professional associations, and other 
interested persons on the means of eliminating the 
pay disparities; 
(5) recognizing and promoting the achievements 
of employers, labor organizations, and professional