[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1688 Introduced in House (IH)]







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. Gephardt, Mr. 
 Hoeffel, Mr. Frank of Massachusetts, Mr. Kennedy of Rhode Island, Mr. 
    Kucinich, Mr. Langevin, Mrs. Maloney, Mr. Meehan, Mr. Moran of 
 Virginia, Mr. Rodriguez, Mr. Sanders, Ms. Solis, Mr. Van Hollen, Mr. 
 Kildee, Mr. Serrano, Mr. Reyes, Mr. Kleczka, 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 Committee 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 Representatives 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 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.

    The Congress finds the following:
            (1) Women have entered the workforce in record numbers.
            (2) Even in the 21st century, 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. 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 discrimination.
            (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;
                    (G) interferes with the orderly and fair marketing 
                of goods in commerce; and
                    (H) in many instances, may deprive workers 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 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;
                    (iii) promoting stable families by enabling all 
                family members to earn a fair rate of pay;
                    (iv) remedying the effects of past discrimination 
                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 enforce the 
                5th and 14th amendments to the United States 
                Constitution.
            (5) With increased information about the provisions 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 
        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) 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 following: ``(iv) 
        a differential based on a bona fide factor 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 differential 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 justification; and
            ``(II) if the employer makes the demonstration described in 
        subclause (I), the employee fails to demonstrate that the 
        differential produced by the reliance 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 employee 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 following:
    ``(5) The provisions of this subsection shall apply to applicants 
for employment if such applicants, upon employment by the employer 
applied to, would be subject to any other subsection of this 
section.''.
    (c) Elimination of Establishment Requirement.--Section 6(d)(1) (29 
U.S.C. 206(d)(1)) is amended--
            (1) by striking ``, within any establishment in which such 
        employees are employed,''; and
            (2) by striking ``such establishment'' each place it 
        appears.
    (d) Nonretaliation Provision.--Section 15(a)(3) (29 U.S.C. 
215(a)(3)) is amended--
            (1) by striking ``employee'' the first place it appears and 
        inserting ``employee (or applicant for employment in the case 
        of an applicant described in section 6(d)(5))'';
            (2) by inserting ``(or applicant)'' after ``employee'' the 
        second place it appears;
            (3) by striking ``or has'' each place it appears and 
        inserting ``has''; and
            (4) by inserting before the semicolon the following: ``, 
        has inquired about, discussed, or otherwise 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) (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, 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 enforce section 6(d), no 
        employee'';
            (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 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''.
    (f) Action by Secretary.--Section 16(c) (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--
                    (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 enforce 
        section 6(d), on the date on which the individual 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 section 9(b), shall provide training to 
Commission employees and affected individuals and entities on matters 
involving discrimination in the payment of wages.

SEC. 5. 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; and
            (6) convening a national summit to discuss and consider 
        approaches for rectifying the pay disparities.

SEC. 6. TECHNICAL ASSISTANCE AND EMPLOYER RECOGNITION 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, independence, working conditions, and 
        responsibility, including 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 responsibility for each such job, with the goal 
        of eliminating unfair pay disparities between occupations 
        traditionally dominated by men or women.
            (3) Publication.--The guidelines developed under paragraph 
        (1) shall be 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 subsection to 
        emphasize the importance, encourage the improvement, 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 establish a program 
        under which the Secretary shall provide for the recognition of 
        employers who, pursuant to a voluntary job evaluation conducted 
        by the employer, adjust their wage scales using the guidelines 
        developed under subsection (a) to ensure that women are paid 
fairly in comparison to men, but such adjustments shall not include the 
lowering of wages paid to men.
            (3) Technical assistance.--The Secretary of Labor may 
        provide technical assistance to assist an employer in carrying 
        out an evaluation under paragraph (2).
    (c) Rulemaking.--The Secretary of Labor may make rules to carry out 
this section.

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

    (a) In General.--There is established the National Award for Pay 
Equity in the Workplace, which shall be evidenced by a medal bearing 
the inscription ``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 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 Secretary 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 a 
        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 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 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 under 
        this section with such ceremonies as the President or the 
        designated representative of the President determines to be 
        appropriate.
    (d) Business.--In 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. 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 following:
    ``(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 currently 
        available to the Federal Government relating to employee pay 
        information for use in the enforcement 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), make rules 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 Federal laws prohibiting pay 
discrimination, and shall also consider other factors, including the 
imposition 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 collections reports.''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
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