I 
110TH CONGRESS 
1ST SESSION H. R. 1338 
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 
MARCH 6, 2007 
Ms. DELAURO (for herself, Mr. HALL of New York, Mr. LEVIN, Mr. LARSON 
of Connecticut, Ms. DEGETTE, Ms. BORDALLO, Mr. SKELTON, Mr. 
HONDA, Ms. BERKLEY, Ms. SCHAKOWSKY, Mr. DOYLE, Mr. KILDEE, Mr. 
BOSWELL, Ms. CARSON, Mr. FILNER, Mr. OBERSTAR, Mr. WYNN, Ms. 
ESHOO, Mr. PRICE of North Carolina, Ms. SCHWARTZ, Mrs. MALONEY 
of New York, Mrs. CAPPS, Mr. HINCHEY, Mr. GEORGE MILLER of Cali-
fornia, Mr. BUTTERFIELD, Mr. MORAN of Virginia, Mr. LANTOS, Ms. 
WOOLSEY, Ms. NORTON, Mr. DINGELL, Ms. MCCOLLUM of Minnesota, 
Mr. DOGGETT, Mr. OBEY, Mr. MOORE of Kansas, Ms. KILPATRICK, Mr. 
DEFAZIO, Mr. BERMAN, Ms. ZOE
LOFGREN
of California, Mrs. 
CHRISTENSEN, Mr. ALLEN, Mr. SHERMAN, Mr. CONYERS, Mr. KEN-
NEDY, Mr. RYAN of Ohio, Mr. BACA, Ms. SOLIS, Mr. ELLISON, Mrs. 
MCCARTHY of New York, and Mr. GRIJALVA) introduced the following 
bill; which was referred to the Committee on Education and Labor 
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, 
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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; 
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(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— 
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(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-
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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 
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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 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 
‘‘(II) upon the employer succeeding under sub-
clause (I), the employee fails to demonstrate that 
the differential produced by the reliance of the em-
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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 
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 
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(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’’; 
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(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’’; 
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(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. 
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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 
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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-
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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 
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interested persons on the means of eliminating the 
pay disparities; 
(5) recognizing and promoting the achievements 
of employers, labor organizations, and professional 
associations that have worked to eliminate the pay 
disparities; and 
(6) convening a national summit to discuss, and 
consider approaches for rectifying, the pay dispari-
ties. 
SEC. 7. TECHNICAL ASSISTANCE AND EMPLOYER RECOGNI-
TION PROGRAM. 
(a) GUIDELINES.— 
(1) IN GENERAL.—The Secretary of Labor shall 
develop guidelines to enable employers to evaluate 
job categories based on objective criteria such as 
educational requirements, skill requirements, inde-
pendence, working conditions, and responsibility, in-
cluding decisionmaking responsibility and de facto 
supervisory responsibility. 
(2) USE.—The guidelines developed under 
paragraph (1) shall be designed to enable employers 
voluntarily to compare wages paid for different jobs 
to determine if the pay scales involved adequately 
and fairly reflect the educational requirements, skill 
requirements, independence, working conditions, and 
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responsibility for each such job with the goal of 
eliminating unfair pay disparities between occupa-
tions traditionally dominated by men or women. 
(3) PUBLICATION.—The guidelines shall be de-
veloped under paragraph (1) and published in the 
Federal Register not later than 180 days after the 
date of enactment of this Act. 
(b) EMPLOYER RECOGNITION.— 
(1) PURPOSE.—It is the purpose of this sub-
section to emphasize the importance of, encourage 
the improvement of, and recognize the excellence of 
employer efforts to pay wages to women that reflect 
the real value of the contributions of such women to 
the workplace. 
(2) IN GENERAL.—To carry out the purpose of 
this subsection, the Secretary of Labor shall estab-
lish a program under which the Secretary shall pro-
vide for the recognition of employers who, pursuant 
to a voluntary job evaluation conducted by the em-
ployer, adjust their wage scales (such adjustments 
shall not include the lowering of wages paid to men) 
using the guidelines developed under subsection (a) 
to ensure that women are paid fairly in comparison 
to men. 
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(3) TECHNICAL ASSISTANCE.—The Secretary of 
Labor may provide technical assistance to assist an 
employer in carrying out an evaluation under para-
graph (2). 
(c) REGULATIONS.—The Secretary of Labor shall 
promulgate such rules and regulations as may be nec-
essary to carry out this section. 
SEC. 8. 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 evidenced by a medal bearing the 
inscription ‘‘Secretary of Labor’s National Award for Pay 
Equity in the Workplace’’. The medal shall be of such de-
sign and materials, and bear such additional inscriptions, 
as the Secretary of Labor may prescribe. 
(b) CRITERIA FOR QUALIFICATION.—To qualify to 
receive an award under this section a business shall— 
(1) submit a written application to the Sec-
retary of Labor, at such time, in such manner, and 
containing such information as the Secretary may 
require, including at a minimum information that 
demonstrates that the business has made substantial 
effort to eliminate pay disparities between men and 
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women, and deserves special recognition as a con-
sequence; and 
(2) meet such additional requirements and 
specifications as the Secretary of Labor determines 
to be appropriate. 
(c) MAKING AND PRESENTATION OF AWARD.— 
(1) AWARD.—After receiving recommendations 
from the Secretary of Labor, the President or the 
designated representative of the President shall an-
nually present the award described in subsection (a) 
to businesses that meet the qualifications described 
in subsection (b). 
(2) PRESENTATION.—The President or the des-
ignated representative of the President shall present 
the award under this section with such ceremonies 
as the President or the designated representative of 
the President may determine to be appropriate. 
(d) BUSINESS.—In this section, the term ‘‘business’’ 
includes— 
(1)(A) a corporation, including a nonprofit cor-
poration; 
(B) a partnership; 
(C) a professional association; 
(D) a labor organization; and 
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(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. 9. 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 fol-
lowing: 
‘‘(f)(1) Not later than 18 months after the date of 
enactment of this subsection, the Commission shall— 
‘‘(A) complete a survey of the data that is cur-
rently available to the Federal Government relating 
to employee pay information for use in the enforce-
ment of Federal laws prohibiting pay discrimination 
and, in consultation with other relevant Federal 
agencies, identify additional data collections that will 
enhance the enforcement of such laws; and 
‘‘(B) based on the results of the survey and 
consultations under subparagraph (A), issue regula-
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tions to provide for the collection of pay information 
data from employers as described by the sex, race, 
and national origin of employees. 
‘‘(2) In implementing paragraph (1), the Commission 
shall have as its primary consideration the most effective 
and efficient means for enhancing the enforcement of Fed-
eral laws prohibiting pay discrimination. For this purpose, 
the Commission shall consider factors including the impo-
sition of burdens on employers, the frequency of required 
reports (including which employers should be required to 
prepare reports), appropriate protections for maintaining 
data confidentiality, and the most effective format for the 
data collection reports.’’. 
SEC. 10. REINSTATEMENT OF PAY EQUITY PROGRAMS AND 
PAY EQUITY DATA COLLECTION. 
(a) BUREAU OF LABOR STATISTICS DATA COLLEC-
TION.—The Commissioner of Labor Statistics shall collect 
data on women workers in the Current Employment Sta-
tistics survey. 
(b) OFFICE OF FEDERAL CONTRACT COMPLIANCE 
PROGRAMS INITIATIVES.— 
(1) IN GENERAL.—The Director of the Office of 
Federal Contract Compliance Programs shall ensure 
that employees of the Office— 
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(A)(i) shall use the full range of investiga-
tory tools at the Office’s disposal, including pay 
grade methodology; 
(ii) in considering evidence of possible com-
pensation discrimination— 
(I) shall not limit its consideration to 
a small number of types of evidence; and 
(II) shall not limit its evaluation of 
the evidence to a small number of methods 
of evaluating the evidence; and 
(iii) shall not require a multiple regression 
analysis or anecdotal evidence for a compensa-
tion discrimination case; 
(B) for purposes of its investigative, com-
pliance, and enforcement activities, shall define 
‘‘similarly situated employees’’ in a way that is 
consistent with and not more stringent than the 
definition provided in item 1 of subsection A of 
section 10–III of the Equal Employment Op-
portunity 
Commission 
Compliance 
Manual 
(2000), and shall consider only factors that the 
Office’s investigation reveals were used in mak-
ing compensation decisions; and 
(C) shall designate not less than half of all 
nonconstruction contractor establishments each 
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year to prepare and file the Equal Opportunity 
Survey, required by section 60–2.18 of title 41, 
Code of Federal Regulations, and shall review 
and utilize the responses to the survey to iden-
tify contractor establishments for further eval-
uation. 
(2) REGULATIONS.—In promulgating any regu-
lations with respect to the compensation discrimina-
tion cases, the Secretary of Labor, in establishing 
standards for similarly situated employees, shall in-
clude examples of similar jobs. 
(c) DEPARTMENT
OF LABOR DISTRIBUTION
OF 
WAGE DISCRIMINATION INFORMATION.—The Secretary of 
Labor shall make readily available (in print, on the De-
partment of Labor website, and through any other forum 
that the Department may use to distribute compensation 
discrimination information), accurate information on com-
pensation discrimination, including statistics, explanations 
of employee rights, historical analyses of such discrimina-
tion, instructions for employers on compliance, and any 
other information that will assist the public in under-
standing and addressing such discrimination. 
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SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this Act. 
Æ 
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