,i #aafth ,,congress #ast ,session ,h4 ,r4 #ahfd ,,in ,,the ,,house ,,of ,,representatives ,march #be1 #bjai,ms4 ,norton 7for herself1 ,mr4 ,nadler1 ,ms4 ,speier1 and ,ms4 ,de,lauro7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to amend the ,fair ,labor ,standards ,act of #aich to prohibit certain practices by employers relating to restrictions on discussion of employees' and prospective employees' salary and benefit history1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,pay ,equity for ,all ,act of #bjai4 #b4 ,prohibitions relating to prospective employees' salary and benefit history 7a7 ,in general ,the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 is amended by inserting after section #g the following new section3 #h4 ,requirements and prohibitions relating to wage1 salary1 and benefit history 7a7 ,in general ,it shall be an unlawful practice for an employer to-- 7#a7 rely on the wage history of a prospective employee in considering the prospective employee for employment1 including requiring that a prospective employee's prior wages satisfy minimum or maximum criteria as a condition of being considered for employment2 7#b7 rely on the wage history of a prospective employee in determining the wages for such prospective employee1 except that an employer may rely on wage history if it is voluntarily provided by a prospective employee1 after the employer makes an offer of employment with an offer of compensation to the prospective employee1 to support a wage higher than the wage offered by the employer2 7#c7 seek from a prospective employee or any current or former employer the wage history of the prospective employee1 except that an employer may seek to confirm prior wage information only after an offer of employment with compensation has been made to the prospective employee and the prospective employee responds to the offer by providing prior wage information to support a wage higher than that offered by the employer2 or 7#d7 discharge or in any other manner retaliate against any employee or prospective employee because the employee or prospective employee-- 7,a7 opposed any act or practice made unlawful by this section2 or 7,b7 took an action for which discrimination is forbidden under section #ae7;a77#c74 7b7 ,definition ,in this section1 the term wage history means the wages paid to the prospective employee by the prospective employee's current employer or previous employer4 4 7b7 ,penalties ,section #af of such ,act 7#bi ,u4,s4,c4 #baf7 is amended by adding at the end the following new subsection3 7f7 7#a7 ,any person who violates the provisions of section #h shall-- 7,a7 be subject to a civil penalty of #e1jjj for a first offense1 increased by an additional #a1jjj for each subsequent offense1 not to exceed #aj1jjj2 and 7,b7 be liable to each employee or prospective employee who was the subject of the violation for special damages not to exceed #aj1jjj plus attorneys' fees1 and shall be subject to such injunctive relief as may be appropriate4 7#b7 ,an action to recover the liability described in paragraph 7#a77;,b7 may be maintained against any employer 7including a public agency7 in any ,federal or ,state court of competent jurisdiction by any one or more employees or prospective employees for and on behalf of-- 7,a7 the employees or prospective employees2 and 7,b7 other employees or prospective employees similarly situated4 4