Paycheck Fairness Act

Bill: 111-hr-12
Sponsor: Rep. DeLauro, Rosa L. [D-CT-3]
Introduced: 2009-01-06 in the House
Policy area: Labor and Employment
Subjects: Civil actions and liability
Employment discrimination and employee rights
Government information and archives
Government studies and investigations
Public contracts and procurement
Racial and ethnic relations
Sex, gender, sexual orientation discrimination
Small business
Wages and earnings
Women's employment

Summary:
action_date: 2009-01-06
text: 
Paycheck Fairness Act - Amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for, enforcement of, and exceptions to prohibitions against sex discrimination in the payment of wages.
 
Revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. Limits such factors to bona fide factors, such as education, training, or experience.
 
States that the bona fide factor defense shall apply only if the employer demonstrates that such factor: (1) is not based upon or derived from a sex-based differential in compensation; (2) is job-related with respect to the position in question; and (3) is consistent with business necessity. Avers that such defense shall not apply where the employee demonstrates that: (1) an alternative employment practice exists that would serve the same business purpose without producing such differential; and (2) the employer has refused to adopt such alternative practice.
 
Revises the prohibition against employer retaliation for employee complaints. Prohibits retaliation for inquiring about, discussing, or disclosing the wages of the employee or another employee in response to a complaint or charge, or in furtherance of a sex discrimination investigation, proceeding, hearing, or action, or an investigation conducted by the employer.
 
 Makes employers who violate sex discrimination prohibitions liable in a civil action for either compensatory or (except for the federal government) punitive damages.
 
States that any action brought to enforce the prohibition against sex discrimination may be maintained as a class action in which individuals may be joined as party plaintiffs without their written consent.
 
Authorizes the Secretary of Labor (Secretary) to seek additional compensatory or punitive damages in a sex discrimination action.
 
Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination. 
Authorizes the Secretary to make grants to eligible entities for negotiation skills training programs for girls and women. Directs the Secretary and the Secretary of Education to issue regulations or policy guidance to integrate such training into certain programs under their Departments. 
Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public regarding the means available to eliminate pay disparities between men and women. 
Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace for an employer has made substantial effort to eliminate pay disparities between men and women. 
Amends the Civil Rights Act of 1964 to require the EEOC to collect from employers pay information data regarding the sex, race, and national origin of employees for use in the enforcement of federal laws prohibiting pay discrimination. 
Directs: (1) the Commissioner of Labor Statistics to continue to collect data on woman workers in the Current Employment Statistics survey; (2) the Office of Federal Contract Compliance Programs to use specified types of methods in investigating compensation discrimination and in enforcing pay equity; and (3) the Secretary to make accurate information on compensation discrimination readily available to the public. 
Directs the Secretary and the Commissioner of the EEOC jointly to develop technical assistance material to assist small businesses to comply with the requirements of this Act.
action_date: 2009-01-06
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
 Paycheck Fairness Act - (Sec. 3) Amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for, enforcement of, and exceptions to prohibitions against sex discrimination in the payment of wages.
 
Revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. Limits such factors to bona fide factors, such as education, training, or experience.
 
States that the bona fide factor defense shall apply only if the employer demonstrates that such factor: (1) is not based upon or derived from a sex-based differential in compensation; (2) is job-related with respect to the position in question; and (3) is consistent with business necessity. Avers that such defense shall not apply where the employee demonstrates that: (1) an alternative employment practice exists that would serve the same business purpose without producing such differential; and (2) the employer has refused to adopt such alternative practice.
 
Revises the prohibition against employer retaliation for employee complaints. Prohibits retaliation for inquiring about, discussing, or disclosing the wages of the employee or another employee in response to a complaint or charge, or in furtherance of a sex discrimination investigation, proceeding, hearing, or action, or an investigation conducted by the employer.
 
Makes employers who violate sex discrimination prohibitions liable in a civil action for either compensatory or (except for the federal government) punitive damages.
 
States that any action brought to enforce the prohibition against sex discrimination may be maintained as a class action in which individuals may be joined as party plaintiffs without their written consent.
 
Authorizes the Secretary of Labor (Secretary) to seek additional compensatory or punitive damages in a sex discrimination action.
 
(Sec. 4) Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination.
 
(Sec. 5) Authorizes the Secretary to make grants to eligible entities for negotiation skills training programs for girls and women. Directs the Secretary and the Secretary of Education to issue regulations or policy guidance to integrate such training into certain programs under their Departments.
 
(Sec. 6) Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public regarding the means available to eliminate pay disparities between men and women.
 
(Sec. 7) Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace for an employer who has made substantial effort to eliminate pay disparities between men and women.
 
(Sec. 8) Amends the Civil Rights Act of 1964 to require the EEOC to collect from employers pay information data regarding the sex, race, and national origin of employees for use in the enforcement of federal laws prohibiting pay discrimination.
 
(Sec. 9) Directs: (1) the Commissioner of Labor Statistics to continue to collect data on woman workers in the Current Employment Statistics survey; (2) the Office of Federal Contract Compliance Programs to use specified types of methods in investigating compensation discrimination and in enforcing pay equity; and (3) the Secretary to make accurate information on compensation discrimination readily available to the public.
 
(Sec. 10) Authorizes appropriations to carry out this Act.
 
(Sec. 11) Directs the Secretary and the Commissioner of the EEOC jointly to develop technical assistance material to assist small businesses to comply with the requirements of this Act. Exempts a small business from the provisions of this Act to the same extent that such business is exempt from the requirements of the FLSA under specified provisions of that Act.


Legislative actions:
action_date: 2009-03-06
text: Referred to the Subcommittee on Workforce Protections.
action_date: 2009-01-09
text: Pursuant to the provisions of H. Res. 5, H.R. 12 is laid on the table.
action_date: 2009-01-09
text: Pursuant to the provisions of H.Res. 5, the text of H.R. 12 as passed by the House will be appended to the end of H.R. 11 as new matter.
action_date: 2009-01-09
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2009-01-09
text: On passage Passed by recorded vote: 256 - 163 (Roll no. 8). (text: CR H124-126)
action_date: 2009-01-09
text: Passed/agreed to in House: On passage Passed by recorded vote: 256 - 163 (Roll no. 8).(text: CR H124-126)
action_date: 2009-01-09
text: On motion to recommit with instructions Failed by the Yeas and Nays: 178 - 240 (Roll no. 7).
action_date: 2009-01-09
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H136-137)
action_date: 2009-01-09
text: DEBATE - The House proceeded with ten minutes of debate on the motion to recommit. The instructions contained in the motion seek to require that the bill be reported back to the House with amendments inserting language which limit reasonable attorney fees.
action_date: 2009-01-09
text: Mr. Price (GA) moved to recommit with instructions to Education and Labor.
action_date: 2009-01-09
text: The previous question was ordered pursuant to the rule. (consideration: CR H135)
action_date: 2009-01-09
text: DEBATE - The House proceeded with one hour of debate on H.R. 12.
action_date: 2009-01-09
text: Rule provides for consideration of H.R. 11 and H.R. 12. Motion to recommit allowed. H. Res.5 provides one hour of debate each for H.R. 11 and H.R. 12. Both bills are to be considered in the House.
action_date: 2009-01-09
text: Considered under the provisions of rule H. Res. 5. (consideration: CR H124-138)
action_date: 2009-01-06
text: Rules Committee Resolution passed by House. Rule provides for consideration of H.R. 11 and H.R. 12. Motion to recommit allowed. H. Res.5 provides one hour of debate each for H.R. 11 and H.R. 12. Both bills are to be considered in the House.
action_date: 2009-01-06
text: Referred to the House Committee on Education and Labor.
action_date: 2009-01-06
text: Introduced in House
action_date: 2009-01-06
text: Introduced in House