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H.R. 377 · 113th Congress

Paycheck Fairness Act

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IntroducedPassed one chamberPassed both chambersBecame law (gold)Resolution agreed to (full, dark)Failed or vetoed (gray)

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Never voted on. It didn't reach a floor vote before the 113th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.

208 cosponsors · 207 D, 1 R
RAD Andrews XBD Becerra EBD Blumenauer CBD Brown RBD Brady TBD Bishop GKD Butterfield BBD Braley KBD Bass SBD Bonamici JBD Beatty CBD Bustos DCD Christensen JCD Clyburn JCD Conyers JCD Cooper ECD Cummings LCD Capps MCD Capuano WCD Clay JCD Costa ECD Cleaver KCD Castor YCD Clarke SCD Cohen JCD Courtney ACD Carson GCD Connolly JCD Chu DCD Cicilline TCD Cárdenas PDD DeFazio DDD DeGette JDD Dingell MDD Doyle SDD Davis TDD Deutch SDD DelBene JDD Delaney EED Engel AED Eshoo KED Ellison DED Edwards EED Esty SFD Farr CFD Fattah MFD Fudge LFD Frankel GGD Green LGD Gutiérrez RGD Grijalva AGD Green JGD Garamendi AHD Hastings RHD Hinojosa SHD Hoyer RHD Holt MHD Honda BHD Higgins JHD Himes CHD Hanabusa JHD Hahn DHD Heck SID Israel EJD Johnson HJD Johnson MKD Kaptur RKD Kind WKD Keating DKD Kildee DKD Kilmer SLD Levin JLD Lewis ZLD Lofgren NLD Lowey BLD Lee JLD Larson JLD Langevin RLD Larsen SLD Lynch DLD Loebsack BLD Luján MLD Lujan Grisham CMD Maloney CMD McCarthy JMD McGovern JMD McDermott GMD Miller JMD Moran GMD Meeks JMD Matheson BMD McCollum MMD Michaud GMD Moore DMD Matsui JMD McNerney GMD Meng JND Nadler RND Nolan END Norton GND Napolitano FPD Pallone BPD Pascrell EPD Pastor NPD Pelosi DPD Price EPD Perlmutter GPD Peters PPD Pierluisi CPD Pingree JPD Polis MPD Pocan CRD Rangel LRD Roybal-Allard BRD Rush CRD Ruppersberger TRD Ryan CRD Richmond LSD Sanchez BSD Scott JSD Serrano BSD Sherman LSD Slaughter ASD Smith JSD Schakowsky ASD Schiff LSD Sánchez DSD Scott ASD Schwartz JSD Sarbanes CSD Shea-Porter JSD Speier KSD Schrader BSD Schneider KSD Sinema JTD Tierney MTD Thompson NTD Tsongas PTD Tonko NVD Velázquez PVD Visclosky CVD Van Hollen MWD Waters MWD Watt HWD Waxman DWD Wasserman Schultz TWD Walz PWD Welch FWD Wilson JYD Yarmuth MBD Bordallo JBD Brownley MCD Cartwright BFD Foster TGD Gabbard JKD Kennedy GND Negrete McLeod WOD Owens DPD Payne DTD Titus JCD Castro DDD Davis DMD Maffei ESD Swalwell JHD Huffman MTD Takano SMD Maloney ASD Sires SBD Bishop JCD Crowley JGD Garcia EMD Markey BOD O’Rourke BTD Thompson JVD Vargas RBD Barber JCD Carney HJD Jeffries AKD Kuster ALD Lowenthal PMD Murphy CPD Peterson ABD Bera TDD Duckworth EFD Faleomavaega SHD Horsford AKD Kirkpatrick MVD Veasey WED Enyart MQD Quigley DLD Lipinski SPD Peters HCD Cuellar SJD Jackson Lee FVD Vela RND Neal GSD Sablan RRD Ruiz TSD Sewell JBD Barrow LDD Doggett AGD Grayson PGD Gallego RKD Kelly NRD Rahall MMD McIntyre KCD Clark CGR Gibson

150 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.

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.

What it does: CRS summary · Introduced in House · Jan 23, 2013

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.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov

About this bill and sources

Official title: Paycheck Fairness Act

Latest action (Apr 23, 2013): Referred to the Subcommittee on Workforce Protections.

Policy area: Labor and Employment · Origin: House · Introduced: Jan 23, 2013

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)

No recorded floor vote found.