[Congressional Record Volume 141, Number 65 (Friday, April 7, 1995)]
[Extensions of Remarks]
[Pages E852-E854]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                THE INTRODUCTION OF FAIR PAY ACT OF 1995

                                 ______


                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                          Friday, April 7, 1995
  Ms. NORTON. Mr. Speaker, in enacting the Equal Pay Act [EPA] in 1963, 
Congress hoped to close the wage gap between men and women by 
prohibiting wage discrimination based on the gender of the employees 
performing the work. Some progress has been 
[[Page E853]] made, but much of it is illusory. In 1982, women earned 
62 cents to a man's dollar; in 1992, they earned 71 cents. However, 
this movement reflects an alarming decrease in male wages as well as 
the new presence of highly educated women in entry level positions. The 
wage gap persists largely because most women are still segregated into 
a few low-paying occupations. A supplementary remedy is needed.
  This bill, the Fair Pay Act, amends the Fair Labor Standards Act to 
ensure equal pay not just for equal work, but also for comparable 
work--jobs that are equivalent in skill, effort, responsibility, and 
working conditions. More than 30 years of EPA experience demonstrates 
that if we are serious about gender and race-based wage discrimination, 
we must sharpen our remedies.
  When we look closely and objectively, can we honestly say that an 
emergency services operator--a female dominated profession--should be 
paid less than a fire dispatcher--a male dominated profession? Or that 
a social worker should earn less than a probation officer simply 
because the social worker is usually a woman? Shouldn't the market set 
these rates? Too often the habits of employers over the decades have 
been built into distortions in the market. Women and minorities pay the 
price in reduced wages.
  The Fair Pay Act also expands protections provided in the Equal Pay 
Act by prohibiting wage discrimination based on the race and national 
origin of employees. In 1992, African-American men earned 72 percent as 
much as white men, while African-American women earned only 64 percent 
as much as white men. Hispanic men earned 65 percent as much as white 
men, while Hispanic women earned only 55 percent as much. While some of 
the wage gap results from differences in education, experience, or time 
in the work force, studies estimate that 75 percent of this 
differential may be a result of discrimination.
  A remedy that exorcises only the discrimination factor is necessary. 
As with sex discrimination and all other kinds of discrimination, the 
plaintiff who alleges discrimination must carry the burden to show that 
discrimination is the proximate cause of the violation.
  Most American families are wholly or significantly dependent on 
women's wages. Fair pay has become increasingly a family necessity and 
an urgent issue. Families cannot meet the challenge unless Congress 
takes up its challenge to enact a wage statute that meets the needs of 
the nineties as the Equal Pay Act did in the sixties.
         Section-by-Section Analysis, the Fair Pay Act of 1995


                  section 1--short title and reference

       Section 1 (a) states that this Act may be cited as the 
     ``Fair Pay Act of 1995.''
       Section 1 (b) provides that all amendments in this bill 
     refer to the Fair Labor Standards Act of 1938.


                          section 2--findings

       Section (1) states that there are differences in wages for 
     equivalent jobs in Government employment and in industries 
     engaged in commerce or in the production of goods for 
     commerce. These wage differences are based on sex, race, or 
     national origin.
       Section (2) states that the existence of the wage 
     differentials causes the following:
       Subsection (2)(A) provides that wage differentials depress 
     wages and living standards for employees. Both which are 
     necessary for their health and efficiency.
       Subsection (2)(B) provides that wage differentials result 
     in the prevention of maximum use of available labor 
     resources.
       Subsection (2)(C) provides that wage differentials cause 
     labor disputes therefore burdening, affecting and obstructing 
     commerce.
       Subsection (2)(D) provides that wage differentials burden 
     commerce and the free flow of goods in commerce.
       Subsection (2)(E) provides that wage differentials 
     constitute an unfair method of competition.
       Section (3) states that a segregated workforce has been 
     maintained due to discrimination in hiring and promotion of 
     women and people of color.
       Section (4) states that many women and people of color work 
     in occupations dominated by individuals of their same sex, 
     race, and national origin.
       Section (5)(A) provides that a General Accounting Office 
     analysis of wages in Washington State civil service found 
     that, in 1985, of the jobs studies that paid less than 
     average, approximately 39 percent were female dominated and 
     approximately 16 percent were male dominated.
       Subsection (5)(B) provides that a study of wages in 
     Minnesota using 1990 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.
       Section (6) states that Section 6(D) of the Fair Labor 
     Standards Act prohibits discrimination in compensation for 
     ``equal work'' on the basis of sex.
       Section (7) states that the United States Supreme Court has 
     held that the prohibition against discrimination in Title VII 
     of the Civil Rights Act of 1964 extends to jobs which do not 
     constitute ``equal work.'' However, lower court decisions 
     have demonstrated that further clarification of jobs that do 
     not constitute ``equal work'' is necessary.
       Section (8) states that artificial barriers to the 
     elimination of discrimination in compensation based upon sex, 
     race, and national origin continue to exist more than 30 
     years after passage of the Equal Pay Act. Elimination of such 
     barriers would have positive effects:
       Subsection (8)(A) providing a solution to problems in the 
     economy created by discriminating wage differentials.
       Subsection (8)(B) reducing the number of working women and 
     people of color earning low wages, thereby reducing the 
     dependence on public assistance.
       Subsection (8)(C) promoting stable families by enabling 
     working family members to earn a fair rate of pay.


                section 3--equal pay for equivalent jobs

       Section 3(a) provides that Section 6 of the Fair Labor 
     Standards act is amended by adding a new section. The new 
     section states the following:
       Section (g)(1)(A) states that no employer having employees 
     subject to any provisions of this section shall discriminate 
     between employees based on sex, race, or national origin by 
     paying wages at a rate less for work of equal value, except 
     where the payment is made based on a seniority system, a 
     merit system or a system where earnings are measured by 
     quantity or quality of production.
       Section (g)(1)(B) states that an employer who is paying a 
     wage differential in violation of subparagraph (A) shall not 
     reduce the wage rate of any employee.
       Section (g)(2) states that no labor organization or its 
     agents representing employees of an employer subject to any 
     provision of this section shall cause or attempt to cause the 
     employer to discriminate against an employee in violation of 
     paragraph (1)(A).
       Section (g)(3) provides for employers to pay any amounts 
     which have been withheld in violation of paragraph (1)(A). 
     Any amounts owing to any employee shall be deemed unpaid 
     minimum wages or unpaid overtime compensation under this or 
     section 7.
       Section (g)(4) provides that the following definitions 
     apply to this subsection:
       Section (g)(4)(A) defines `labor organization' as an 
     organization of any kind, or an 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.
       Section (g)(4)(B) defines `equivalent jobs' as those jobs 
     that may be dissimilar, but whose requirements are viewed as 
     equivalent in a composite of skills, effort, responsibility 
     and working conditions.


                       section 4--prohibited acts

       Section 4 states that section 15(a) (29 U.S.C. 214(a)) is 
     amended by adding after paragraph (5) a new subsection (6) 
     which provides the following:
       Section 15(a)(b) prohibits the discrimination of any 
     individual who has opposed any act or practice made unlawful 
     by section 6(g) or because such an individual made a charge, 
     testified, assisted, or participated in any manner in any 
     investigation, proceeding, or hearing under section 6(g).
       Section 15(a)(7) prohibits the discharge or any other form 
     of discrimination, coercion, intimidation, threat, or 
     interference with any employee or any other person because 
     the employee asked 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 another person to exercise or enjoy any right 
     granted or protected by section 6(g).


                          section 5--remedies

       Section 5 states that section 16 (29 U.S.C. 216) is amended 
     by (1) adding the following:
       Section 16(f) authorizes the court, if any action is 
     brought, to award to the prevailing plaintiff(s), in addition 
     to any other remedies, expert fees as part of the costs. Any 
     such action may be maintained as a class action as provided 
     by Federal Rules of Civil Procedure.


                           section 6--records

       Section 6 states that section 11(c) (29 U.S.C. 211(c)) is 
     amended by inserting ``(1)'' after the current section (c), 
     and by adding a section which provides the following:
       Section c(2)(A) states that every employer subject to 
     section 6(g) shall have 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 keep records for a period of 
     time and make a report to the Equal Employment Opportunity 
     Commission as shall be prescribed by regulations.
       Section c(2)(B) states that every employer subject to 
     section 6(g) shall file an annual report with the Equal 
     Employment Opportunity Commission containing information in 
     such detail as necessary to accurately disclose the wage or 
     salary rates paid to each job classified, position, job 
     title, or other wage or salary group of employees employed by 
     the employer, as well as 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. The 
     [[Page E854]] report shall not include the name of any 
     individual employee.
       Section c(2)(C) states that the reports filed with the 
     Equal Employment Opportunity Commission shall be public 
     information. The Equal Employment Opportunity Commission may 
     publish any information or data it obtains through the 
     reports. The Equal Employment Opportunity Commission is also 
     authorized to use the information and data for statistical 
     and research purposes, and to compile and publish such 
     studies, analyses, reports, and surveys based thereon as it 
     may deem appropriate.
       Section c(2)(D) states that the Equal Employment 
     Opportunity Commission shall by regulation make reasonable 
     provision for the inspection and examination by any persons 
     of the information and data contained in any report filed 
     with it pursuant to subparagraph (B).
       Section c(2)(E) states that the Equal Employment 
     Opportunity Commission shall by regulation supply copies of 
     the report filed to anybody upon payment of a charge; charge 
     depends on the cost of the service.
       Section c(2)(F) authorizes the Equal Employment Opportunity 
     Commission to 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 the required report. The Equal 
     Employment Opportunity Commission may prescribe by general 
     rule a simplified report for those employers for whom it 
     finds that by virtue of size a detailed report would be 
     unduly burdensome.


   section 7--research, education, and technical assistance program; 
                           report to congress

       Section 7 amends section 4(d) (29 U.S.C. 204(d)) by adding 
     the following at the end:
       Section 4(d)(4) states that the Equal Employment 
     Opportunity Commission shall undertake studies and offer 
     information and technical assistance to employers, labor 
     organizations, and the general public concerning effective 
     mean 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. The studies, information, and technical 
     assistance shall be based upon and make references to the 
     declared policy of such section to eliminate such 
     discrimination. The Equal Employment Opportunity Commission 
     must further carry on a continuing program of research, 
     education, and technical assistance including the following:
       Subsection (A) states that it shall include undertaking and 
     promoting research with the intent of developing means to 
     expeditiously correct the conditions leading to section 6(g).
       Subsection (B) states that publishing and otherwise making 
     available to employers, labor organizations, professional 
     associations, educational institutions, the various media of 
     communication, and the general public the finding of studies 
     and other materials for promoting compliance with section 
     6(g) is included in the further continuance of the research.
       Subsection (C) includes sponsoring and assisting State and 
     community informational and educational programs.
       Subsection (D) includes 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).
       Section 4(d)(5) states that the annual report submitted by 
     the Equal Employment Opportunity Commission to Congress shall 
     include a separate evaluation and appraisal regarding the 
     implementation of section 6(g).


                       section 8--effective date

       Section 8 states that the amendments made by this Act shall 
     take effect one year after the date of its enactment.
     

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