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S. 2199 · 113th Congress

Paycheck Fairness Act

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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 Senate · Apr 1, 2014

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 (Sep 15, 2014): Cloture on the bill not invoked in Senate by Yea-Nay Vote. 52 - 40. Record Vote Number: 262. (consideration: CR S5579-5580; text: CR H5579)

Policy area: Labor and Employment · Origin: Senate · Introduced: Apr 1, 2014

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML) · Embed in your story

Latest vote · Senate · Sep 15, 2014

Ending debate (cloture) — Cloture Motion Rejected. Vote details

Senate Majority Leader: Harry Reid

Table of every position
MemberParty at voteSeatPosition
Lisa MurkowskiRAKNay
Mark BegichDAKYea
Jeff SessionsRALNay
Richard ShelbyRALNay
John BoozmanRARNay
Mark PryorDARYea
Jeff FlakeRAZNay
John McCainRAZNay
Barbara BoxerDCAYea
Dianne FeinsteinDCAYea
Mark UdallDCOYea
Michael BennetDCOYea
Christopher MurphyDCTYea
Richard BlumenthalDCTYea
Christopher CoonsDDEYea
Thomas CarperDDEYea
Bill NelsonDFLYea
Marco RubioRFLNay
Johnny IsaksonRGANay
Saxby ChamblissRGANot Voting
Brian SchatzDHIYea
Mazie HironoDHIYea
Chuck GrassleyRIANay
Tom HarkinDIANot Voting
James RischRIDNay
Mike CrapoRIDNay
Mark KirkRILNay
Richard DurbinDILYea
Daniel CoatsRINNay
Joe DonnellyDINNot Voting
Jerry MoranRKSNot Voting
Pat RobertsRKSNot Voting
Mitch McConnellRKYNay
Rand PaulRKYNay
David VitterRLANay
Mary LandrieuDLAYea
Ed MarkeyDMAYea
Elizabeth WarrenDMAYea
Barbara MikulskiDMDYea
Benjamin CardinDMDYea
Angus KingIMENay
Susan CollinsRMENay
Carl LevinDMIYea
Debbie StabenowDMIYea
Al FrankenDMNYea
Amy KlobucharDMNYea
Claire McCaskillDMOYea
Roy BluntRMONot Voting
Roger WickerRMSNay
Thad CochranRMSNay
John WalshDMTYea
Jon TesterDMTYea
Kay HaganDNCYea
Richard BurrRNCNay
Heidi HeitkampDNDYea
John HoevenRNDNay
Deb FischerRNENay
Mike JohannsRNENay
Jeanne ShaheenDNHYea
Kelly AyotteRNHNay
Bob MenendezDNJYea
Cory BookerDNJYea
Martin HeinrichDNMYea
Tom UdallDNMYea
Dean HellerRNVNay
Harry ReidDNVYea
Chuck SchumerDNYYea
Kirsten GillibrandDNYYea
Rob PortmanROHNay
Sherrod BrownDOHYea
Jim InhofeROKNay
Thomas CoburnROKNay
Jeff MerkleyDORYea
Ron WydenDORYea
Bob CaseyDPAYea
Pat ToomeyRPANay
Jack ReedDRIYea
Sheldon WhitehouseDRIYea
Lindsey GrahamRSCNay
Tim ScottRSCNay
John ThuneRSDNay
Tim JohnsonDSDYea
Bob CorkerRTNNay
Lamar AlexanderRTNNay
John CornynRTXNay
Ted CruzRTXNay
Mike LeeRUTNay
Orrin HatchRUTNot Voting
Mark WarnerDVAYea
Tim KaineDVAYea
Bernie SandersIVTYea
Patrick LeahyDVTYea
Maria CantwellDWAYea
Patty MurrayDWAYea
Ron JohnsonRWINay
Tammy BaldwinDWIYea
Jay RockefellerDWVYea
Joe ManchinDWVYea
John BarrassoRWYNot Voting
Michael EnziRWYNay
All recorded votes (3)