US HB1519 | 2011-2012 | 112th Congress


Status

May 20 2011 - Referred to the Subcommittee on Workforce Protections.
Pending: House Subcommittee on Workforce Protections Committee
Text: Latest bill text (Introduced) [PDF]

Summary

Paycheck Fairness Act - Amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for, enforcement of, and exceptions to prohibitions against sex discrimination in the payment of wages. Revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. Limits such factors to bona fide factors, such as education, training, or experience. States that the bona fide factor defense shall apply only if the employer demonstrates that such factor: (1) is not based upon or derived from a sex-based differential in compensation, (2) is job-related with respect to the position in question, and (3) is consistent with business necessity. Makes such defense inapplicable where the employee demonstrates that: (1) an alternative employment practice exists that would serve the same business purpose without producing such differential, and (2) the employer has refused to adopt such alternative practice. Revises the prohibition against employer retaliation for employee complaints. Prohibits retaliation for inquiring about, discussing, or disclosing the wages of the employee or another employee in response to a complaint or charge, or in furtherance of a sex discrimination investigation, proceeding, hearing, or action, or an investigation conducted by the employer. Makes employers who violate sex discrimination prohibitions liable in a civil action for either compensatory or (except for the federal government) punitive damages. States that any action brought to enforce the prohibition against sex discrimination may be maintained as a class action in which individuals may be joined as party plaintiffs without their written consent. Authorizes the Secretary of Labor (Secretary) to seek additional compensatory or punitive damages in a sex discrimination action. Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination. Authorizes the Secretary to make grants to eligible entities for negotiation skills training programs for girls and women. Directs the Secretary and the Secretary of Education to issue regulations or policy guidance to integrate such training into certain programs under their Departments. Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public regarding the means available to eliminate pay disparities between men and women. Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace for an employer who has made a substantial effort to eliminate pay disparities between men and women. Amends the Civil Rights Act of 1964 to require the EEOC to collect from employers pay information data regarding the sex, race, and national origin of employees for use in the enforcement of federal laws prohibiting pay discrimination. Directs: (1) the Commissioner of Labor Statistics to continue to collect data on woman workers in the Current Employment Statistics survey, (2) the Office of Federal Contract Compliance Programs to use specified types of methods in investigating compensation discrimination and in enforcing pay equity, and (3) the Secretary to make accurate information on compensation discrimination readily available to the public. Directs the Secretary and the Commissioner [sic] of the EEOC jointly to develop technical assistance material to assist small businesses to comply with the requirements of this Act.

Tracking Information

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Title

Paycheck Fairness Act

Sponsors

Rep DeLauro, Rosa L.Rep Ackerman, Gary L.Rep Altmire, JasonRep Andrews, Robert E.
Rep Baca, JoeRep Baldwin, TammyRep Barber, RonRep Bass, Karen
Rep Becerra, XavierRep Berkley, ShelleyRep Berman, Howard L.Rep Bishop, Sanford D., Jr.
Rep Bishop, Timothy H.Rep Blumenauer, EarlRep Bonamici, SuzanneRep Bordallo, Madeleine Z.
Rep Boren, DanRep Boswell, Leonard L.Rep Brady, Robert A.Rep Braley, Bruce L.
Rep Brown, CorrineRep Butterfield, G. K.Rep Capps, LoisRep Capuano, Michael E.
Rep Cardoza, Dennis A.Rep Carnahan, RussRep Carney, JohnRep Carson, Andre
Rep Castor, KathyRep Chandler, BenRep Christensen, Donna M.Rep Chu, Judy
Rep Cicilline, David N.Rep Clarke, HansenRep Clarke, Yvette D.Rep Clay, Wm. Lacy
Rep Cleaver, EmanuelRep Clyburn, James E.Rep Cohen, SteveRep Connolly, Gerald E. "Gerry"
Rep Conyers, John, Jr.Rep Cooper, JimRep Costa, JimRep Costello, Jerry F.
Rep Courtney, JoeRep Critz, Mark S.Rep Crowley, JosephRep Cuellar, Henry
Rep Cummings, Elijah E.Rep Davis, Danny K.Rep Davis, Susan A.Rep DeFazio, Peter A.
Rep DeGette, DianaRep Deutch, Theodore E.Rep Dicks, Norman D.Rep Dingell, John D.
Rep Doggett, LloydRep Donnelly, JoeRep Doyle, Michael F.Rep Edwards, Donna F.
Rep Ellison, KeithRep Engel, Eliot L.Rep Eshoo, Anna G.Rep Faleomavaega, Eni F.H.
Rep Farr, SamRep Fattah, ChakaRep Filner, BobRep Frank, Barney
Rep Fudge, Marcia L.Rep Garamendi, JohnRep Gonzalez, Charles A.Rep Green, Al
Rep Green, GeneRep Grijalva, Raul M.Rep Gutierrez, Luis V.Rep Hahn, Janice
Rep Hanabusa, Colleen W.Rep Hastings, Alcee L.Rep Heinrich, MartinRep Higgins, Brian
Rep Himes, James A.Rep Hinchey, Maurice D.Rep Hinojosa, RubenRep Hirono, Mazie K.
Rep Hochul, Kathleen C.Rep Holden, TimRep Holt, Rush D.Rep Honda, Michael M.
Rep Hoyer, Steny H.Rep Israel, SteveRep Jackson-Lee, SheilaRep Jackson, Jesse L., Jr.
Rep Johnson, Eddie BerniceRep Johnson, Henry C. "Hank," Jr.Rep Kaptur, MarcyRep Keating, William R.
Rep Kildee, Dale E.Rep Kind, RonRep Kissell, LarryRep Kucinich, Dennis J.
Rep Langevin, James R.Rep Larsen, RickRep Larson, John B.Rep Lee, Barbara
Rep Levin, Sander M.Rep Lewis, JohnRep Lipinski, DanielRep Loebsack, David
Rep Lofgren, ZoeRep Lowey, Nita M.Rep Lujan, Ben RayRep Lynch, Stephen F.
Rep Maloney, Carolyn B.Rep Markey, Edward J.Rep Matheson, JimRep Matsui, Doris O.
Rep McCarthy, CarolynRep McCollum, BettyRep McDermott, JimRep McGovern, James P.
Rep McNerney, JerryRep Meeks, Gregory W.Rep Michaud, Michael H.Rep Miller, Brad
Rep Miller, GeorgeRep Moore, GwenRep Moran, James P.Rep Murphy, Christopher S.
Rep Nadler, JerroldRep Napolitano, Grace F.Rep Neal, Richard E.Rep Norton, Eleanor Holmes
Rep Olver, John W.Rep Owens, William L.Rep Pallone, Frank, Jr.Rep Pascrell, Bill, Jr.
Rep Pastor, EdRep Payne, Donald M.Rep Pelosi, NancyRep Perlmutter, Ed
Rep Peters, Gary C.Rep Peterson, Collin C.Rep Pierluisi, Pedro R.Rep Pingree, Chellie
Rep Polis, JaredRep Price, David E.Rep Quigley, MikeRep Rahall, Nick J., II
Rep Rangel, Charles B.Rep Reyes, SilvestreRep Richardson, LauraRep Richmond, Cedric L.
Rep Ross, MikeRep Rothman, Steven R.Rep Roybal-Allard, LucilleRep Ruppersberger, C. A. Dutch
Rep Rush, Bobby L.Rep Ryan, TimRep Sablan, Gregorio Kilili CamachoRep Sanchez, Linda T.
Rep Sanchez, LorettaRep Sarbanes, John P.Rep Schakowsky, Janice D.Rep Schiff, Adam B.
Rep Schrader, KurtRep Schwartz, Allyson Y.Rep Scott, DavidRep Scott, Robert C. "Bobby"
Rep Serrano, Jose E.Rep Sewell, Terri A.Rep Sherman, BradRep Shuler, Heath
Rep Sires, AlbioRep Slaughter, Louise McIntoshRep Smith, AdamRep Speier, Jackie
Rep Stark, Fortney PeteRep Sutton, BettyRep Thompson, Bennie G.Rep Thompson, Mike
Rep Tierney, John F.Rep Tonko, Paul D.Rep Towns, EdolphusRep Tsongas, Niki
Rep Van Hollen, ChrisRep Velazquez, Nydia M.Rep Visclosky, Peter J.Rep Walz, Timothy J.
Rep Wasserman Schultz, DebbieRep Waters, MaxineRep Watt, Melvin L.Rep Waxman, Henry A.
Rep Weiner, Anthony D.Rep Welch, PeterRep Wilson, Frederica S.Rep Woolsey, Lynn C.
Rep Wu, DavidRep Yarmuth, John A.

History

DateChamberAction
2011-05-20HouseReferred to the Subcommittee on Workforce Protections.
2011-04-13HouseReferred to the House Committee on Education and the Workforce.

Same As/Similar To

SB797 (Related) 2011-04-12 - Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
SB3220 (Related) 2012-06-05 - Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S3714)
SB3256 (Related) 2012-06-04 - Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Subjects


US Congress State Sources


Bill Comments

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