[Congressional Record Volume 146, Number 100 (Thursday, July 27, 2000)]
[Senate]
[Pages S7862-S7863]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. JEFFORDS (for himself, Mr. Baucus, Mr. Edwards, and Mr. 
        Roth):
  S. 2966. A bill to amend the Fair Labor Standards Act of 1938 to 
prohibit retaliation and confidentiality policies relating to 
disclosure of employee wages, and for other purposes; to the Committee 
on Health, Education, Labor, and Pensions.


                   the wage awareness protection act

  Mr. JEFFORDS. Mr. President, it is with great pride that I introduce 
the Wage Awareness Protection Act.
  We have made great strides in the fight against workplace 
discrimination. The enactment of the Civil Rights Act more than 30 
years ago served to codify this Nation's commitment to the basic 
principles of equal opportunity and fairness in the workplace. At the 
time, we enacted not one, but two laws, aimed at ensuring that women 
receive equal pay for equal work: the Equal Pay Act (``EPA'') of 1963, 
and to Title VII of the 1964 Civil Rights Act. More recently, Congress 
reaffirmed this commitment by passing the Civil Rights Act of 1991, 
which expanded the 1964 Civil Rights Act and gave victims of 
intentional discrimination the ability to recover compensatory and 
punitive damages.

[[Page S7863]]

  Certainly a lot has changed since we first enacted these laws. It 
should come as no surprise that more women are participating in the 
labor force than ever before, with women now making up an estimated 46 
percent of the workforce. Women are also spending more time in school 
and are now earning over half of all bachelor's and master's degrees. 
In addition, women are breaking down longstanding barriers in certain 
industries and occupations.
  Despite these advances, the unfortunate reality is that pay 
discrimination has continued to persist in some workplaces. In a recent 
hearing before the Committee on Health, Education, Labor and Pensions, 
we heard testimony that a principal reason why gender-based wage 
discrimination has continued is that many female employees are simply 
unaware that they are being paid less than their male counterparts. 
These unwitting victims of wage discrimination are often kept in the 
dark by employer policies that prohibit employees from sharing salary 
information. Employees are warned that they will be reprimanded or 
terminated if they discuss salary information with their co-workers.
  I believe that a fundamental barrier to uncovering and resolving 
gender-based pay discrimination is fear of employer retaliation. 
Employees who suspect wage discrimination should be able to share their 
salary information with co-workers. I am not alone in my belief. 
According to a recent Business and Professional Women/USA survey, 
Americans overwhelmingly support anti-retaliation legislation. And, 65 
percent of those polled, said they believe legislation should protect 
those who suspect wage discrimination from employer retaliation for 
discussing salary information with co-workers.
  The Worker Awareness Protection Act will prohibit employers from 
having blanket wage confidentiality policies preventing employees from 
sharing their salary information. In addition, this new legislation 
will bolster the Equal Pay Act's retaliation provisions including 
providing workers with protection from employer retaliation for 
voluntarily discussing their own salary information with coworkers. I 
am excited about this legislation. It is my hope that it will help 
point the way to elimination of any pernicious discriminatory pay 
practices.
  I urge all my colleagues to join me in supporting this bill.
  I ask unanimous consent that a copy of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2966

       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 ``Wage Awareness Protection 
     Act''.

     SEC. 2. PROHIBITED ACTS.

       (a) Prohibition on Retaliation and Confidentiality 
     Policies.--Section 6(d) of the Fair Labor Standards Act of 
     1938 (29 U.S.C. 206(d)) is amended--
       (1) by redesignating paragraph (4) as paragraph (6); and
       (2) by inserting after paragraph (3) the following:
       ``(4) It shall be unlawful for any person--
       ``(A) to discharge or in any other manner discriminate 
     against any employee because such employee--
       ``(i) has made a charge, assisted, or participated in any 
     manner in an investigation, hearing, or other proceeding 
     under this subsection; or
       ``(ii) has inquired about, discussed, or otherwise 
     disclosed the wages of the employee, or another employee who 
     is not covered by a confidentiality policy that is lawful 
     under subparagraph (B); or
       ``(B) to make or enforce a written or oral confidentiality 
     policy that prohibits an employee from inquiring about, 
     discussing, or otherwise disclosing the wages of the employee 
     or another employee, except that nothing in this subparagraph 
     shall be construed--
       ``(i) to prohibit an employer from making or enforcing such 
     a confidentiality policy, for an employee who regularly, in 
     the course of carrying out the employer's business, obtains 
     information about the wages of other employees, that 
     prohibits the employee from inquiring about, discussing, or 
     otherwise disclosing the wages of another employee, except 
     that an employee may discuss or otherwise disclose the 
     employee's own wages; and
       ``(ii) to require the employer to disclose an employee's 
     wages.
       ``(5) For purposes of sections 16 and 17, a violation of 
     paragraph (4) shall be treated as a violation of section 
     15(a)(3), rather than as a violation of this section.''.
       (b) Conforming Amendment.--Section 6(d)(3) of the Fair 
     Labor Standands Act of 1938 (29 U.S.C. 206(d)(3) is amended 
     by inserting ``(other than paragraph (4))'' after ``this 
     subsection''.
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