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SECTION 1. SHORT TITLE AND REFERENCE.

(a) Short Title.--This Act may be cited as the ''Fair Pay Act of
1995''.
(b) Reference.--Except as provided in section 8, whenever in this
Act an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, 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.

Congress finds the following:
(1) Wage differentials exist between equivalent jobs
segregated by sex, race, and national origin in Government
employment and in industries engaged in commerce or in the
production of goods for commerce:
(2) The existence of such wage differentials--
(A) depresses wages and living standards for
employees necessary for their health and efficiency;
(B) prevents the maximum utilization of the
available labor resources;
(C) tends to cause labor disputes, thereby
burdening, affecting, and obstructing commerce;
(D) burdens commerce and the free flow of goods in
commerce; and
(E) constitutes an unfair method of competition.
(3) Discrimination in hiring and promotion has played a
role in maintaining a segregated work force.
(4) Many women and people of color work in occupations
dominated by individuals of their same sex, race, and national
origin.
(5)(A) A General Accounting Office analysis of wages in the
civil service of the State of Washington found that in 1985 of
the 44 jobs studied that paid less than the average of all
equivalent jobs, approximately 39 percent were female-dominated
and approximately 16 percent were male dominated.
(B) A study of wages in Minnesota using 1990 Decennial
Census data found that 75 percent of the wage differential
between white and non-white workers was unexplained and may be
a result of discrimination.
(6) Section 6(d) of the Fair Labor Standards Act of 1938
prohibits discrimination in compensation for ''equal work'' on
the basis of sex.
(7) Title VII of the Civil Rights Act of 1964 prohibits
discrimination in compensation because of race, color,
religion, national origin, and sex. The United States Supreme
Court, in its decision in County of Washington v. Gunther, 452
U.S. 161 (1981), held that title VII's prohibition against
discrimination in compensation also applies to jobs which do
not constitute ''equal work'' as defined in section 6(d) of the
Fair Labor Standards Act of 1938. Decisions of lower courts,
however, have demonstrated that further clarification of
existing legislation is necessary in order effectively to carry
out the intent of Congress to implement the Supreme Court's
holding in its Gunther decision.
(8) Artificial barriers to the elimination of
discrimination in compensation based upon sex, race, and
national origin continue to exist more than 3 decades after the
passage of section 6(d) of the Fair Labor Standards Act of 1938
and the Civil Rights Act of 1964. Elimination of such barriers
would have positive effects, including--
(A) providing a solution to problems in the economy
created by discriminating wage differentials;
(B) substantially reducing the number of working
women and people of color earning low wages, thereby
reducing the dependence on public assistance; and
(C) promoting stable families by enabling working
family members to earn a fair rate of pay.

SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS.

(a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at
the end the following:
''(g)(1)(A)(i) Except as provided in clause (ii), no employer
having employees subject to any provisions of this section shall
discriminate, within any establishment in which such employees are
employed, between employees on the basis of sex, race, or national
origin by paying wages to employees in such establishment in a job that
is dominated by employees of a particular sex, race, or national origin
at a rate less than the rate at which the employer pays wages to
employees in such establishment in another job that is dominated by
employees of the opposite sex or of a different race or national
origin, respectively, for work on equivalent jobs.
''(ii) Nothing in clause (i) shall prohibit the payment of
different wages to employees where such payment is made pursuant to--
''(I) a seniority system;
''(II) a merit system; or
''(III) a system that measures earnings by quantity or
quality of production.
''(iii) The Equal Employment Opportunity Commission shall issue
guidelines specifying criteria for determining whether a job is
dominated by employees of a particular sex, race, or national origin.
Such regulations shall not include a list of such jobs.
''(B) An employer who is paying a wage rate differential in
violation of subparagraph (A) shall not, in order to comply with the
provisions of such subparagraph, reduce the wage rate of any employee.
''(2) No labor organization or its agents representing employees of
an employer having employees subject to any provision of this section
shall cause or attempt to cause such an employer to discriminate
against an employee in violation of paragraph (1)(A).
''(3) For purposes of administration and enforcement of this
subsection, any amounts owing to any employee which have been withheld
in violation of paragraph (1)(A) shall be deemed to be unpaid minimum
wages or unpaid overtime compensation under this section or section 7.
''(4) As used in this subsection:
''(A) The term 'labor organization' means any organization
of any kind, or any agency or employee representation committee
or plan, in which employees participate and which exists for
the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or conditions of work.
''(B) The term 'equivalent jobs' means jobs that may be
dissimilar, but whose requirements are equivalent, when viewed
as a composite of skills, effort, responsibility, and working
conditions.''.
(b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is
amended in the matter before paragraph (1) by striking ''section 6(d)''
and inserting ''sections 6(d) and 6(g)''.

SEC. 4. PROHIBITED ACTS.

Section 15(a) (29 U.S.C. 215(a)) is amended--
(1) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(2) by adding after paragraph (5) the following new
paragraphs:
''(6) to discriminate against any individual because such
individual has opposed any act or practice made unlawful by
section 6(g) or because such individual made a charge,
testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing under section 6(g); or
''(7) to discharge or in any other manner discriminate
against, coerce, intimidate, threaten, or interfere with any
employee or any other person because the employee inquired
about, disclosed, compared, or otherwise discussed the
employee's wages or the wages of any other employee, or because
the employee exercised, enjoyed, aided, or encouraged any other
person to exercise or enjoy any right granted or protected by
section 6(g).''.

SEC. 5. REMEDIES.

Section 16 (29 U.S.C. 216) is amended--
(1) by adding at the end the following:
''(f) In any action brought under this section for violation of
section 6(g), the court shall, in addition to any other remedies
awarded to the prevailing plaintiff or plaintiffs, allow expert fees as
part of the costs. Any such action may be maintained as a class action
as provided by the Federal Rules of Civil Procedure.'';
(2) in subsection (b), by striking ''section 15(a)(3)''
each place it occurs and inserting ''paragraphs (3), (6), and
(7) of section 15(a)''; and
(3) in the fourth sentence of subsection (b), by striking
''No employees'' and inserting ''Except with respect to class
actions brought under subsection (f), no employees''.

SEC. 6. RECORDS.

(a) Technical Amendment.--Section 11(c) (29 U.S.C. 211(c)) is
amended by inserting ''(1)'' after ''(c)''.
(b) Records.--Section 11(c) (as amended by subsection (a)) is
further amended by adding at the end the following:
''(2)(A) Every employer subject to section 6(g) shall preserve
records which document and support the method, system, calculations,
and other bases used by the employer in establishing, adjusting, and
determining the wages paid to the employees of the employer. Every
employer subject to section 6(g) shall preserve such records for such
periods of time, and shall make such reports therefrom to the Equal
Employment Opportunity Commission, as shall be prescribed by the Equal
Employment Opportunity Commission by regulation or order as necessary
or appropriate for the enforcement of the provisions of section 6(g) or
any regulations promulgated pursuant to section 6(g).''.
(c) Small Business Exemptions.--Section 11(c) (as amended by
subsections (a) and (b)) is further amended by adding at the end the
following:
''(B)(i) Every employer subject to section 6(g) that has 25 or more
employees on any date during the first or second year after the
effective date of this paragraph, or 15 or more employees on any date
during a subsequent year, shall file with the Equal Employment
Opportunity Commission for the year involved a report signed by the
president, treasurer, or corresponding principal officer, of the
employer containing information in such detail as may be necessary to
accurately disclose the wage or salary rates paid to employees in each
classification, position, or job title or to employees in other wage or
salary groups employed by the employer, including information with
respect to the sex, race, and national origin of employees at each wage
or salary level in each classification, position, job title, or other
wage or salary group.''.
(d) Protection of Confidentiality.--Section 11(c) (as amended by
subsections (a) through (c)) is further amended by adding at the end
the following:
''(ii) The rules and regulations issued by the Equal Employment
Opportunity Commission under subparagraph (F), relating to the form of
such a report, shall include requirements to protect the
confidentiality of employees, including a requirement that the report
shall not contain the name of any individual employee.''.
(e) Use; Inspections; Examinations; Regulations.--Section 11(c) (as
amended by subsections (a) through (d)) is further amended by adding at
the end the following:
''(C) The Equal Employment Opportunity Commission may publish any
information and data that the Equal Employment Opportunity Commission
obtains pursuant to the provisions of subparagraph (B). The Equal
Employment Opportunity Commission may use the information and data for
statistical and research purposes, and compile and publish such
studies, analyses, reports, and surveys based thereon as it may
consider appropriate.
''(D) In order to carry out the purposes of this Act the Equal
Employment Opportunity Commission shall by regulation make reasonable
provision for the inspection and examination by any person of the
information and data contained in any report filed with the Equal
Employment Opportunity Commission pursuant to subparagraph (B).
''(E) The Equal Employment Opportunity Commission shall by
regulation provide for the furnishing of copies of reports filed with
the Equal Employment Opportunity Commission pursuant to subparagraph
(B) to any person upon payment of a charge based upon the cost of the
service.
''(F) The Equal Employment Opportunity Commission shall issue rules
and regulations prescribing the form and content of reports required to
be filed under subparagraph (B) and such other reasonable rules and
regulations as it may find necessary to prevent the circumvention or
evasion of such reporting requirements. In exercising its authority
under subparagraph (B), the Equal Employment Opportunity Commission may
prescribe by general rule simplified reports for employers for whom the
Equal Employment Opportunity Commission finds that because of the size
of the employers a detailed report would be unduly burdensome.''.

SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT
TO CONGRESS.

Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the
following:
''(4) The Equal Employment Opportunity Commission shall undertake
studies and provide information and technical assistance to employers,
labor organizations, and the general public concerning effective means
available to implement the provisions of section 6(g) prohibiting wage
discrimination between employees performing work in equivalent jobs on
the basis of sex, race, or national origin. Such studies, information,
and technical assistance shall be based upon and include reference to
the declared policy of such section to eliminate such discrimination.
In order to achieve the purposes of such section, the Equal Employment
Opportunity Commission shall further carry on a continuing program of
research, education, and technical assistance including--
''(A) undertaking and promoting research with the intent of
developing means to expeditiously correct the conditions
leading to section 6(g);
''(B) publishing and otherwise making available to
employers, labor organizations, professional associations,
educational institutions, the various media of communication,
and the general public the findings of studies and other
materials for promoting compliance with section 6(g);
''(C) sponsoring and assisting State and community
informational and educational programs; and
''(D) providing technical assistance to employers, labor
organizations, professional associations and other interested
persons on means of achieving and maintaining compliance with
the provisions of section 6(g).
''(5) The report submitted annually by the Equal Employment
Opportunity Commission to Congress pursuant to paragraph (1) shall
include a separate evaluation and appraisal regarding the
implementation of section 6(g).''.

SEC. 8. CONFORMING AMENDMENTS.

(a) Application.--Section 203(a)(1) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1313(a)(1)) is amended--
(1) by striking ''subsections (a)(1) and (d) of section 6''
and inserting ''subsections (a)(1), (d), and (g) of section
6''; and
(2) by striking ''206 (a)(1) and (d)'' and inserting ''206
(a)(1), (d), and (g)''.
(b) Remedies.--Section 203(b) of such Act (2 U.S.C. 1313(b)) is
amended by inserting before the period the following: ''or, in an
appropriate case, under section 16(f) of such Act (29 U.S.C. 216(f))''.

SEC. 9. EFFECTIVE DATE.

The amendments made by this Act shall take effect 1 year after the
date of enactment of this Act.
Fair Pay Act of 1995 - Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin. (Allows payment of different wages under seniority systems, merit systems, or systems that measure earnings by quantity or quality of production.)
Directs the Equal Employment Opportunity Commission (EEOC) to issue guidelines specifying criteria for determining whether a job is dominated by employees of a particular sex, race, or national origin. Prohibits such regulations from including a list of such jobs.
Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action.
Requires employers subject to such prohibition to: (1) preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to their employees, for periods of time prescribed by the EEOC; and (2) make reports to the EEOC. Sets forth certain exemptions for small businesses and provisions for protection of confidentiality with respect to such records.
Directs the EEOC to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act; (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act; and (3) include a separate evaluation and appraisal regarding the implementation of this Act in its annual report to the Congress.
Makes conforming amendments to the Congressional Accountability Act of 1995.