[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2023 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2023

 To amend the Equal Pay Act, the Fair Labor Standards Act of 1938, and 
  the Civil Rights Act of 1964 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

                             June 24, 1997

Ms. DeLauro (for herself, Ms. Norton, and Mr. Gephardt) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
 To amend the Equal Pay Act, the Fair Labor Standards Act of 1938, and 
  the Civil Rights Act of 1964 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 Representatives 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 finds the following:
            (1) Women have entered the workforce in record numbers.
            (2) Even in the 1990s, women earn significantly lower pay 
        than men for work on jobs that require equal skill, effort, and 
        responsibility and that are performed under similar working 
        conditions.
            (3) The existence of such pay disparities--
                    (A) depresses the wages of working families 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 instrumentalities 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 competition in 
                commerce;
                    (F) leads to labor disputes burdening and 
                obstructing commerce and the free flow of goods in 
                commerce; and
                    (G) interferes with the orderly and fair marketing 
                of goods in commerce.
            (4)(A) Artificial barriers to the elimination of 
        discrimination in the payment of wages on the basis of sex 
        continue to exist more than 3 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 assistance; and
                    (iii) promoting stable families by enabling all 
                family members to earn a fair rate of pay.
            (5) Only with increased information about the provisions 
        added by the Equal Pay Act of 1963 and generalized wage data, 
        along with more effective remedies, will women recognize and 
        enforce their rights to equal pay for work on jobs that require 
        equal skill, effort, and responsibility 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 recognized.

SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS.

    (a) 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 following: ``, or 
        has inquired about, discussed, or otherwise disclosed the wages 
        of the employee or another employee''.
    (b) Enhanced Penalties.--Section 16(b) of such Act (29 U.S.C. 
216(b)) is amended--
            (1) by inserting after the first sentence the following: 
        ``Any employer who violates section 6(d) shall additionally be 
        liable for such compensatory or punitive damages as may be 
        appropriate.'';
            (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 enforce section 6(d), no employee'';
            (4) by inserting after such sentence 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 inserting 
                ``in any action brought to recover the liability 
                prescribed in any of the preceding sentences of this 
                subsection''; and
                    (B) by inserting before the period the following: 
                ``, including expert fees''.
    (c) Action.--Section 16(c) of such Act (29 U.S.C. 216(c)) is 
amended--
            (1) in the first sentence--
                    (A) by inserting ``or, in the case of a violation 
                of section 6(d), additional compensatory or punitive 
                damages,'' before ``and the agreement''; and
                    (B) by inserting before the period the following: 
                ``, 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 violation of section 
        6(d), additional compensatory or punitive damages'';
            (3) in the third sentence, by striking ``the first 
        sentence'' and inserting ``the first or second sentence''; and
            (4) in the last sentence, by inserting after ``in the 
        complaint'' the following: ``or becomes a party plaintiff in a 
        class action brought to enforce section 6(d)''.

SEC. 4. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT 
              OPPORTUNITY COMMISSION.

    Section 705 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4) is 
amended by adding at the end the following new subsection:
    ``(l)(1) The Commission shall, by regulation, require each employer 
who has 100 or more employees for each working day in each of 20 or 
more calendar weeks in the current or preceding calendar year to 
maintain payroll records and to prepare and submit to the Commission 
reports containing information from the records. The reports shall 
contain pay information, analyzed by the race, sex, and national origin 
of the employees. The reports shall not disclose the pay information of 
an employee in a manner that permits the identification of the 
employee.
    ``(2) The third through fifth sentences of section 709(c) shall 
apply to employers, regulations, and records described in paragraph (1) 
in the same manner and to the same extent as the sentences apply to 
employers, regulations, and records described in such section.''.

SEC. 5. TRAINING.

    The Equal Employment Opportunity Commission and the Office of 
Federal Contract Compliance Programs, subject to the availability of 
funds appropriated under section 8(b), shall provide training to 
Commission employees and affected individuals and entities on matters 
involving discrimination in the payment of wages.

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 eliminate pay disparities between men 
and women, including--
            (1) conducting and promoting research to develop the means 
        to correct expeditiously the conditions leading to the pay 
        disparities;
            (2) publishing and otherwise making available to employers, 
        labor organizations, professional associations, 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 community 
        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 associations 
        that have worked to eliminate the pay disparities;
            (6) convening a national summit to discuss, and consider 
        approaches for rectifying, the pay disparities; and
            (7) issuing to employers voluntary pay guidelines for the 
        relative pay ranges of a selection of male- and female-
        dominated widely held occupations.

SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE 
              WORKPLACE.

    (a) In General.--There is established the Robert Reich National 
Award for Pay Equity in the Workplace, which shall be evidenced by a 
medal bearing the inscription ``Robert Reich National Award for Pay 
Equity in the Workplace''. The medal shall be of such design and 
materials, and bear such additional inscriptions, as the Secretary 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 Secretary, 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 women, and deserves 
        special recognition as a consequence; and
            (2) meet such additional requirements and specifications as 
        the Secretary determines to be appropriate.
    (c) Making and Presentation of Award.--
            (1) Award.--After receiving recommendations from the 
        Secretary, the President or the designated representative of 
        the President shall annually present the award described in 
        subsection (a) to businesses that meet the qualifications 
        described in subsection (b).
            (2) Presentation.--The President or the designated 
        representative of the President shall present the award with 
        such ceremonies as the President or the designated 
        representative of the President may determine to be 
        appropriate.
            (3) Publicity.--A business that receives an award under 
        this section may publicize the receipt of the award and use the 
        award in its advertising, if the business agrees to help other 
        United States businesses improve with respect to the 
        elimination of pay disparities between men and women.
    (d) Business.--For the purposes of this section, the term 
``business'' includes--
            (1)(A) a corporation, including a nonprofit corporation;
            (B) a partnership;
            (C) a professional association;
            (D) a labor organization; and
            (E) a business entity similar to an entity described in any 
        of subparagraphs (A) through (D);
            (2) an entity carrying out an education referral program, a 
        training program, such as an apprenticeship 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. 8. INCREASED RESOURCES FOR ENFORCEMENT AND EDUCATION.

    (a) General Resources.--
            (1) Equal Employment Opportunity Commission.--There is 
        authorized to be appropriated to the Equal Employment 
        Opportunity Commission, for necessary expenses of the 
        Commission in carrying out title VII of the Civil Rights Act of 
        1964 (42 U.S.C. 2000e et seq.), title I of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12111 et seq.), the Age 
        Discrimination in Employment Act of 1967 (29 U.S.C. 621 et 
        seq.), and section 6(d) of the Fair Labor Standards Act of 1938 
        (29 U.S.C. 206(d)), $36,000,000, in addition to sums otherwise 
        appropriated for such expenses. Any amounts so appropriated 
        shall remain available until expended.
            (2) Office of Federal Contract Compliance Programs.--There 
        is authorized to be appropriated to the Office of Federal 
        Contract Compliance Programs for necessary expenses of the 
        Office $10,000,000 in addition to sums otherwise appropriated 
        for such expenses. Any amounts so appropriated shall remain 
        available until expended.
    (b) Targeted Resources.--
            (1) Equal Employment Opportunity Commission.--There is 
        authorized to be appropriated to the Equal Employment 
        Opportunity Commission to carry out section 5, $500,000, in 
        addition to sums otherwise appropriated for providing training 
        described in such section. Any amounts so appropriated shall 
        remain available until expended.
            (2) Office Federal Contract Compliance Programs.--There is 
        authorized to be appropriated to the Office of Federal Contract 
        Compliance Programs to carry out section 5, $500,000, in 
        addition to sums otherwise appropriated for providing training 
        described in such section. Any amounts so appropriated shall 
        remain available until expended.
    (c) Research, Education, Outreach, and National Award.--There is 
authorized to be appropriated to the Secretary of Labor to carry out 
sections 6 and 7, $1,000,000. Any amounts so appropriated shall remain 
available until expended.
                                 <all>