I 
108TH CONGRESS 
1ST SESSION H. R. 1688
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 9, 2003
Ms. DELAURO (for herself, Mr. ACKERMAN, Mr. ALLEN, Mr. ANDREWS, Mrs. 
CAPPS, Mr. DICKS, Mr. DOGGETT, Mr. FARR, Mr. FROST, Mr. GEP-
HARDT, Mr. HOEFFEL, Mr. FRANK of Massachusetts, Mr. KENNEDY of 
Rhode Island, Mr. KUCINICH, Mr. LANGEVIN, Mrs. MALONEY, Mr. MEE-
HAN, Mr. MORAN of Virginia, Mr. RODRIGUEZ, Mr. SANDERS, Ms. SOLIS, 
Mr. VAN HOLLEN, Mr. KILDEE, Mr. SERRANO, Mr. REYES, Mr. KLECZ-
KA, Mr. MATSUI, Ms. CORRINE BROWN of Florida, Mr. OLVER, Ms. 
SLAUGHTER, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. LOWEY, 
Mrs. MCCARTHY of New York, Ms. CARSON of Indiana, Ms. MCCOLLUM, 
Mr. MOORE, Mr. INSLEE, Ms. BALDWIN, Mr. ABERCROMBIE, Mr. 
CUMMINGS, Mr. SCOTT of Georgia, Mr. WEINER, Mr. SABO, and Mr. 
STARK) introduced the following bill; which was referred to the Com-
mittee 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 AND REFERENCE. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Paycheck Fairness Act’’. 
(b) REFERENCE.—Whenever in this Act (other than 
in section 8) an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Fair Labor Standards Act 
of 1938. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) Women have entered the workforce in 
record numbers. 
(2) Even in the 21st century, women earn sig-
nificantly lower pay than men for work on jobs that 
require equal skill, effort, and responsibility and that 
are performed under similar working conditions. 
These pay disparities exist in both the private and 
governmental sectors. In many instances, the pay 
disparities can only be due to continued intentional 
discrimination or the lingering effects of past dis-
crimination. 
(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) prevents the optimum utilization of 
available labor resources; 
(C) has been spread and perpetuated, 
through commerce and the channels and instru-
mentalities of commerce, among the workers of 
the several States; 
(D) burdens commerce and the free flow of 
goods in commerce; 
(E) constitutes an unfair method of com-
petition in commerce; 
(F) leads to labor disputes burdening and 
obstructing commerce and the free flow of 
goods in commerce; 
(G) interferes with the orderly and fair 
marketing of goods in commerce; and 
(H) in many instances, may deprive work-
ers of equal protection on the basis of sex in 
violation of the 5th and 14th amendments to 
the United States Constitution. 
(4)(A) Artificial barriers to the elimination of 
discrimination in the payment of wages on the basis 
of sex continue to exist even decades after the enact-
ment 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) in the private sector, ensuring equal 
protection pursuant to Congress’ power to en-
force the 5th and 14th amendments to the 
United States Constitution. 
(5) With increased information about the provi-
sions added by the Equal Pay Act of 1963 (29 
U.S.C. 206) and generalized wage data, along with 
more effective remedies, women will be better able to 
recognize and enforce their rights to equal pay for 
work on jobs that require equal skill, effort, and re-
sponsibility and that are performed under similar 
working conditions.
(6) 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) (29 U.S.C. 206(d)(1)) is 
amended—
(1) by inserting ‘‘(A)’’ after ‘‘(d)(1)’’; and 
(2) by striking ‘‘(iv) a differential’’ and all that 
follows through the period and inserting the fol-
lowing: ‘‘(iv) a differential based on a bona fide fac-
tor other than sex, such as education, training, or 
experience, except that this clause 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) if the employer makes the demonstration 
described in subclause (I), the employee fails to dem-
onstrate that the differential produced by the reli-
ance of the employer on the factor described in such 
subclause is the result of discrimination on the basis 
of sex by the employer. 
‘‘(B) An employer that is not otherwise in compliance 
with this paragraph may not reduce the wages of any em-
ployee in order to achieve such compliance.’’. 
(b) APPLICATION OF PROVISIONS.—Section 6(d) (29 
U.S.C. 206(d)) is amended by adding at the end the fol-
lowing: 
‘‘(5) The provisions of this subsection shall apply to 
applicants for employment if such applicants, upon em-
ployment by the employer applied to, would be subject to 
any other subsection of this section.’’.