,,ii ,calendar ,no4 #cde #aacth ,,congress #b;d ,session ,s4 #baii ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #a1 #bjad ,ms4 ,mikulski introduced the following bill2 which was read the first time ,april #b1 #bjad,read the second time and placed on the calendar ,a ,,bill ,to amend the ,fair ,labor ,standards ,act of #aich to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,paycheck ,fairness ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,women have entered the workforce in record numbers over the past #ej years4 7#b7 ,despite the enactment of the ,equal ,pay ,act in #aifc1 many women continue to earn significantly lower pay than men for equal work4 ,these pay disparities exist in both the private and governmental sectors4 ,in many instances1 the pay disparities can only be due to continued intentional discrimination or the lingering effects of past discrimination4 7#c7 ,the existence of such pay disparities-- 7,a7 depresses the wages of working families who rely on the wages of all members of the family to make ends meet2 7,b7 undermines women's retirement security1 which is often based on earnings while in the workforce2 7,c7 prevents the optimum utilization of available labor resources2 7,d7 has been spread and perpetuated1 through commerce and the channels and instrumentalities of commerce1 among the workers of the several ,states2 7,e7 burdens commerce and the free flow of goods in commerce2 7,f7 constitutes an unfair method of competition in commerce2 7,g7 leads to labor disputes burdening and obstructing commerce and the free flow of goods in commerce2 7,h7 interferes with the orderly and fair marketing of goods in commerce2 and 7,i7 in many instances1 may deprive workers of equal protection on the basis of sex in violation of the #eth and #adth ,amendments4 7#d7 7,a7 ,artificial barriers to the elimination of discrimination in the payment of wages on the basis of sex continue to exist decades after the enactment of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 and the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a et seq474 7,b7 ,these barriers have resulted1 in significant part1 because the ,equal ,pay ,act has not worked as ,congress originally intended4 ,improvements and modifications to the law are necessary to ensure that the ,act provides effective protection to those subject to pay discrimination on the basis of their sex4 7,c7 ,elimination of such barriers would have positive effects1 including-- 7i7 providing a solution to problems in the economy created by unfair pay disparities2 7ii7 substantially reducing the number of working women earning unfairly low wages1 thereby reducing the dependence on public assistance2 7iii7 promoting stable families by enabling all family members to earn a fair rate of pay2 7iv7 remedying the effects of past discrimination on the basis of sex and ensuring that in the future workers are afforded equal protection on the basis of sex2 and 7v7 ensuring equal protection pursuant to ,congress' power to enforce the #eth and #adth ,amendments4 7#e7 ,the ,department of ,labor and the ,equal ,employment ,opportunity ,commission have important and unique responsibilities to help ensure that women receive equal pay for equal work4 7#f7 ,the ,department of ,labor is responsible for-- 7,a7 collecting and making publicly available information about women's pay2 7,b7 ensuring that companies receiving ,federal contracts comply with anti-discrimination affirmative action requirements of ,executive ,order #aabdf 7relating to equal employment opportunity72 7,c7 disseminating information about women's rights in the workplace2 7,d7 helping women who have been victims of pay discrimination obtain a remedy2 and 7,e7 being proactive in investigating and prosecuting equal pay violations1 especially systemic violations1 and in enforcing all of its mandates4 7#g7 ,the ,equal ,employment ,opportunity ,commission is the primary enforcement agency for claims made under the ,equal ,pay ,act1 and issues regulations and guidance on appropriate interpretations of the law4 7#h7 ,with a stronger commitment by the ,department of ,labor and the ,equal ,employment ,opportunity ,commission to their responsibilities1 increased information as a result of the amendments made by this ,act to the ,equal ,pay ,act of #aifc1 wage data1 and more effective remedies1 women will be better able to recognize and enforce their rights4 7#i7 ,certain employers have already made great strides in eradicating unfair pay disparities in the workplace and their achievements should be recognized4 #c4 ,enhanced enforcement of equal pay requirements 7a7 ,bona-,fide factor defense and modification of same establishment requirement ,section #f7;d77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;d77#a77 is amended-- 7#a7 by striking ,no employer having and inserting 7,a7 ,no employer having2 7#b7 by striking any other factor other than sex and inserting a bona fide factor other than sex1 such as education1 training1 or experience2 and 7#c7 by inserting at the end the following3 7,b7 ,the bona fide factor defense described in subparagraph 7,a77iv7 shall apply only if the employer demonstrates that such factor 7i7 is not based upon or derived from a sex-based differential in compensation2 7ii7 is job-related with respect to the position in question2 and 7iii7 is consistent with business necessity4 ,such defense shall not apply where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice4 7,c7 ,for purposes of subparagraph 7,a71 employees shall be deemed to work in the same establishment if the employees work for the same employer at workplaces located in the same county or similar political subdivision of a ,state4 ,the preceding sentence shall not be construed as limiting broader applications of the term establishment consistent with rules prescribed or guidance issued by the ,equal ,opportunity ,employment ,commission4 4 7b7 ,nonretaliation provision ,section #ae of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bae7;a77#c77 is amended-- 7#a7 in subsection 7a77#c71 by striking employee has filed and all that follows and inserting employee-- 7,a7 has made a charge or filed any complaint or instituted or caused to be instituted any investigation1 proceeding1 hearing1 or action under or related to this ,act1 including an investigation conducted by the employer1 or has testified or is planning to testify or has assisted or participated in any manner in any such investigation1 proceeding1 hearing or action1 or has served or is planning to serve on an industry ,committee2 or 7,b7 has inquired about1 discussed1 or disclosed the wages of the employee or another employee4 2 and 7#b7 by adding at the end the following3 7c7 ,subsection 7a77#c77;,b7 shall not apply to instances in which an employee who has access to the wage information of other employees as a part of such employee's essential job functions discloses the wages of such other employees to individuals who do not otherwise have access to such information1 unless such disclosure is in response to a complaint or charge or in furtherance of an investigation1 proceeding1 hearing1 or action under section #f7;d71 including an investigation conducted by the employer4 ,nothing in this subsection shall be construed to limit the rights of an employee provided under any other provision of law4 4 7c7 ,enhanced penalties ,section #af7;b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;b77 is amended-- 7#a7 by inserting after the first sentence the following3 ,any employer who violates section #f7;d7 shall additionally be liable for such compensatory damages1 or1 where the employee demonstrates that the employer acted with malice or reckless indifference1 punitive damages as may be appropriate1 except that the ,united ,states shall not be liable for punitive damages42 7#b7 in the sentence beginning ,an action to1 by striking either of the preceding sentences and inserting any of the preceding sentences of this subsection2 7#c7 in the sentence beginning ,no employees shall1 by striking ,no employees and inserting ,except with respect to class actions brought to enforce section #f7;d71 no employee2 7#d7 by inserting after the sentence referred to in paragraph 7#c71 the following3 ,notwithstanding any other provision of ,federal law1 any action brought to enforce section #f7;d7 may be maintained as a class action as provided by the ,federal ,rules of ,civil ,procedure42 and 7#e7 in the sentence beginning ,the court in-- 7,a7 by striking in such action and inserting in any action brought to recover the liability prescribed in any of the preceding sentences of this subsection2 and 7,b7 by inserting before the period the following3 1 including expert fees4 7d7 ,action by ,secretary ,section #af7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;c77 is amended-- 7#a7 in the first sentence-- 7,a7 by inserting or1 in the case of a violation of section #f7;d71 additional compensatory or punitive damages1 as described in subsection 7b71 before and the agreement2 and 7,b7 by inserting before the period the following3 1 or such compensatory or punitive damages1 as appropriate2 7#b7 in the second sentence1 by inserting before the period the following3 and1 in the case of a violation of section #f7;d71 additional compensatory or punitive damages1 as described in subsection 7b72 7#c7 in the third sentence1 by striking the first sentence and inserting the first or second sentence2 and 7#d7 in the last sentence-- 7,a7 by striking commenced in the case and inserting commenced-- 7#a7 in the case 2 7,b7 by striking the period and inserting 2 or2 and 7,c7 by adding at the end the following3 7#b7 in the case of a class action brought to enforce section #f7;d71 on the date on which the individual becomes a party plaintiff to the class action4 4 #d4 ,training ,the ,equal ,employment ,opportunity ,commission and the ,office of ,federal ,contract ,compliance ,programs1 subject to the availability of funds appropriated under section #aj1 shall provide training to ,commission employees and affected individuals and entities on matters involving discrimination in the payment of wages4 #e4 ,negotiation skills training for girls and women 7a7 ,program authorized 7#a7 ,in general ,the ,secretary of ,labor1 after consultation with the ,secretary of ,education1 is authorized to establish and carry out a grant program4 7#b7 ,grants ,in carrying out the program1 the ,secretary of ,labor may make grants on a competitive basis to eligible entities1 to carry out negotiation skills training programs for girls and women4 7#c7 ,eligible entities ,to be eligible to receive a grant under this subsection1 an entity shall be a public agency1 such as a ,state1 a local government in a metropolitan statistical area 7as defined by the ,office of ,management and ,budget71 a ,state educational agency1 or a local educational agency1 a private nonprofit organization1 or a community-based organization4 7#d7 ,application ,to be eligible to receive a grant under this subsection1 an entity shall submit an application to the ,secretary of ,labor at such time1 in such manner1 and containing such information as the ,secretary of ,labor may require4 7#e7 ,use of funds ,an entity that receives a grant under this subsection shall use the funds made available through the grant to carry out an effective negotiation skills training program that empowers girls and women4 ,the training provided through the program shall help girls and women strengthen their negotiation skills to allow the girls and women to obtain higher salaries and rates of compensation that are equal to those paid to similarly situated male employees4 7b7 ,incorporating training into existing programs ,the ,secretary of ,labor and the ,secretary of ,education shall issue regulations or policy guidance that provides for integrating the negotiation skills training1 to the extent practicable1 into programs authorized under-- 7#a7 in the case of the ,secretary of ,education1 the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq471 the ,carl ,d4 ,perkins ,vocational and ,technical ,education ,act of #aiih 7#bj ,u4,s4,c4 #bcja et seq471 the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq471 and other programs carried out by the ,department of ,education that the ,secretary of ,education determines to be appropriate2 and 7#b7 in the case of the ,secretary of ,labor1 the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq471 and other programs carried out by the ,department of ,labor that the ,secretary of ,labor determines to be appropriate4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary of ,labor and the ,secretary of ,education shall prepare and submit to ,congress a report describing the activities conducted under this section and evaluating the effectiveness of such activities in achieving the purposes of this ,act4 #f4 ,research1 education1 and outreach ,the ,secretary of ,labor shall conduct studies and provide information to employers1 labor organizations1 and the general public concerning the means available to eliminate pay disparities between men and women1 including-- 7#a7 conducting and promoting research to develop the means to correct expeditiously the conditions leading to the pay disparities2 7#b7 publishing and otherwise making available to employers1 labor organizations1 professional associations1 educational institutions1 the media1 and the general public the findings resulting from studies and other materials1 relating to eliminating the pay disparities2 7#c7 sponsoring and assisting ,state and community informational and educational programs2 7#d7 providing information to employers1 labor organizations1 professional associations1 and other interested persons on the means of eliminating the pay disparities2 7#e7 recognizing and promoting the achievements of employers1 labor organizations1 and professional associations that have worked to eliminate the pay disparities2 and 7#f7 convening a national summit to discuss1 and consider approaches for rectifying1 the pay disparities4 #g4 ,establishment of the ,national ,award for ,pay ,equity in the ,workplace 7a7 ,in general ,there is established the ,secretary of ,labor's ,national ,award for ,pay ,equity in the ,workplace1 which shall be awarded1 as appropriate1 to encourage proactive efforts to comply with section #f7;d7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;d774 7b7 ,criteria for qualification ,the ,secretary of ,labor shall set criteria for receipt of the award1 including a requirement that an employer has made substantial effort to eliminate pay disparities between men and women1 and deserves special recognition as a consequence of such effort4 ,the ,secretary shall establish procedures for the application and presentation of the award4 7c7 ,business ,in this section1 the term employer includes-- 7#a7 7,a7 a corporation1 including a nonprofit corporation2 7,b7 a partnership2 7,c7 a professional association2 7,d7 a labor organization2 and 7,e7 a business entity similar to an entity described in any of subparagraphs 7,a7 through 7,d72 7#b7 an entity carrying out an education referral program1 a training program1 such as an apprenticeship or management training program1 or a similar program2 and 7#c7 an entity carrying out a joint program1 formed by a combination of any entities described in paragraph 7#a7 or 7#b74 #h4 ,collection of pay information by the equal employment opportunity ,commission ,section #gji of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#h7 is amended by adding at the end the following3 7f7 7#a7 ,not later than #ah months after the date of enactment of this subsection1 the ,commission shall-- 7,a7 complete a survey of the data that is currently available to the ,federal ,government relating to employee pay information for use in the enforcement of ,federal laws prohibiting pay discrimination and1 in consultation with other relevant ,federal agencies1 identify additional data collections that will enhance the enforcement of such laws2 and 7,b7 based on the results of the survey and consultations under subparagraph 7,a71 issue regulations to provide for the collection of pay information data from employers as described by the sex1 race1 and national origin of employees4 7#b7 ,in implementing paragraph 7#a71 the ,commission shall have as its primary consideration the most effective and efficient means for enhancing the enforcement of ,federal laws prohibiting pay discrimination4 ,for this purpose1 the ,commission shall consider factors including the imposition of burdens on employers1 the frequency of required reports 7including which employers should be required to prepare reports71 appropriate protections for maintaining data confidentiality1 and the most effective format for the data collection reports4 4 #i4 ,reinstatement of pay equity programs and pay equity data collection 7a7 ,bureau of ,labor ,statistics data collection ,the ,commissioner of ,labor ,statistics shall continue to collect data on women workers in the ,current ,employment ,statistics survey4 7b7 ,office of ,federal ,contract ,compliance ,programs initiatives ,the ,director of the ,office of ,federal ,contract ,compliance ,programs shall ensure that employees of the ,office-- 7#a7 7,a7 shall use the full range of investigatory tools at the ,office's disposal1 including pay grade methodology2 7,b7 in considering evidence of possible compensation discrimination-- 7i7 shall not limit its consideration to a small number of types of evidence2 and 7ii7 shall not limit its evaluation of the evidence to a small number of methods of evaluating the evidence2 and 7,c7 shall not require a multiple regression analysis or anecdotal evidence for a compensation discrimination case2 7#b7 for purposes of its investigative1 compliance1 and enforcement activities1 shall define similarly situated employees in a way that is consistent with and not more stringent than the definition provided in item #a of subsection ,a of section #aj-;,,iii of the ,equal ,employment ,opportunity ,commission ,compliance ,manual 7#bjjj71 and shall consider only factors that the ,office's investigation reveals were used in making compensation decisions2 and 7#c7 shall reinstate the ,equal ,opportunity ,survey1 as required by section #fj-b4ah of title #da1 ,code of ,federal ,regulations 7as in effect on ,september #g1 #bjjf71 designating not less than half of all nonconstruction contractor establishments each year to prepare and file such survey1 and shall review and utilize the responses to such survey to identify contractor establishments for further evaluation and for other enforcement purposes as appropriate4 7c7 ,department of ,labor distribution of wage discrimination information ,the ,secretary of ,labor shall make readily available 7in print1 on the ,department of ,labor website1 and through any other forum that the ,department may use to distribute compensation discrimination information71 accurate information on compensation discrimination1 including statistics1 explanations of employee rights1 historical analyses of such discrimination1 instructions for employers on compliance1 and any other information that will assist the public in understanding and addressing such discrimination4 #aj4 ,authorization of appropriations 7a7 ,authorization of ,appropriations ,there are authorized to be appropriated #ae1jjj1jjj to carry out this ,act4 7b7 ,prohibition on ,earmarks ,none of the funds appropriated pursuant to subsection 7a7 for purposes of the grant program in section #e of this ,act may be used for a congressional earmark as defined in clause #i7;d7 of rule ,,xxi of the ,rules of the ,house of ,representatives4 #aa4 ,small ,business ,assistance 7a7 ,effective date ,this ,act and the amendments made by this ,act shall take effect on the date that is #f months after the date of enactment of this ,act4 7b7 ,technical assistance materials ,the ,secretary of ,labor and the ,commissioner of the ,equal ,employment ,opportunity ,commission shall jointly develop technical assistance material to assist small businesses in complying with the requirements of this ,act and the amendments made by this ,act4 7c7 ,small ,businesses ,a small business shall be exempt from the provisions of this ,act to the same extent that such business is exempt from the requirements of the ,fair ,labor ,standards ,act pursuant to section #c7s77#a77;,a7 7i7 and 7ii7 of such ,act4 #ab4 ,rule of ,construction ,nothing in this ,act1 or in any amendments made by this ,act1 shall affect the obligation of employers and employees to fully comply with all applicable immigration laws1 including any penalties1 fines1 or other sanctions4 ,april #b1 #bjad,read the second time and placed on the calendar