,i #aafth ,,congress #ast ,session ,h4 ,r4 #aice ,,in ,,the ,,house ,,of ,,representatives ,march #bg1 #bjai,ms4 ,stefanik 7for herself1 ,mr4 ,hurd of ,texas1 ,mr4 ,conaway1 ,mr4 ,stivers1 ,ms4 ,granger1 ,mr4 ,upton1 ,mrs4 ,brooks of ,indiana1 ,mr4 ,marshall1 ,mr4 ,diaz-,balart1 ,mr4 ,gianforte1 ,mr4 ,huizenga1 ,mr4 ,katko1 ,mr4 ,cole1 ,mrs4 ,rodgers of ,washington1 ,mr4 ,turner1 ,mr4 ,bucshon1 ,mr4 ,mc,henry1 ,mrs4 ,walorski1 ,mr4 ,hagedorn1 ,mr4 ,walden1 ,mr4 ,smucker1 ,mr4 ,thompson of ,pennsylvania1 ,mr4 ,steil1 ,mr4 ,flores1 ,mr4 ,fortenberry1 ,mr4 ,reed1 ,mr4 ,wright1 ,mr4 ,cook1 ,mr4 ,hudson1 ,mr4 ,gonzalez of ,ohio1 ,mrs4 ,wagner1 ,mr4 ,burgess1 ,mr4 ,king of ,new ,york1 ,mr4 ,collins of ,new ,york1 ,mr4 ,stauber1 ,ms4 ,herrera ,beutler1 ,mr4 ,balderson1 ,mr4 ,mc,kinley1 ,mr4 ,zeldin1 ,mr4 ,bost1 ,mr4 ,ferguson1 ,mr4 ,joyce of ,ohio1 ,mr4 ,timmons1 ,mr4 ,david ,p4 ,roe of ,tennessee1 ,mr4 ,chabot1 ,mr4 ,latta1 ,mr4 ,byrne1 ,mr4 ,kinzinger1 and ,mr4 ,la,hood7 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 enhance provisions related to pay discrimination1 and for other purposes4 #a4 ,short title ,this ,act may be referred to as the ,wage ,equity ,act of #bjai4 #b4 ,findings 7#a7 ,in #aifc1 ,congress passed on a bipartisan basis the ,equal ,pay ,act of #aifc to prohibit discrimination on account of sex in the payment of wages for equal work performed by employees for employers engaged in commerce or in the production of goods for commerce4 7#b7 ,following the passage of such ,act1 in #aifd1 ,congress passed on a bipartisan basis the ,civil ,rights ,act of #aifd4 ,since the passage of both the ,equal ,pay ,act of #aifc and the ,civil ,rights ,act of #aifd1 women have made significant strides1 both in the workforce and in their educational pursuits4 7#c7 ,currently1 there are nearly #ge1jjj1jjj women in the workforce1 the most in ,american history4 ,of the #b1hjj1jjj jobs created in #bjah1 #eh percent went to women4 ,this follows a trend that has been rising for some time4 ,women are graduating from college at a higher rate than their male counter parts1 making up over #eh percent of all college degrees conferred in #bjag4 ,additionally1 according to a recent survey of working women1 #di percent of employed women are their family's primary breadwinner4 ,women hold the majority of positions in the five fastest growing fields4 7#d7 ,despite these advances there is still concern among the ,american public that gender-based pay discrimination has not been eliminated4 #c4 ,flexible work arrangement plan ,section #f7;d7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;d77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking or after a system which measures earnings by quantity or quality or production2 7,b7 inserting 2 or 7v7 a flexible work arrangement plan after any other factor other than sex2 and 7,c7 by inserting job-related before factor other than sex2 and 7#b7 by adding at the end the following3 7#e7 ,in this subsection1 the term flexible work arrangement plan means a plan offered by an employer that an employee may opt into in which the employee agrees to certain scheduling benefits1 including-- 7,a7 flexible scheduling4 7,b7 a telework program2 or 7,c7 a compressed work schedule program that allows the employee to work the equivalent of full-time employment over a fewer number of days by increasing the number of daily hours worked4 4 #d4 ,pay analysis ,section #af of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7 is amended by adding at the end the following3 7f7 7#a7 ,if an employer conducts a pay analysis audit and such audit reveals unlawful differentials in pay between equal jobs and such employer takes reasonable steps to address such differentials consistent with federal laws prohibiting pay discrimination1 such employer shall not be liable for liquidated damages in an action brought against the employer for a violation of section #f7;d7 if such audit is conducted-- 7,a7 in good faith to investigate such differentials2 and 7,b7 not earlier than the date that is #c years before the date on which the action is brought and not later than the date that is #a day before the action is brought4 7#b7 ,an audit under this section and remedial action taken in response to the findings of such audit may not be discoverable or admissible for any purpose in any claim against the employer4 7#c7 ,an employer who has not completed an audit under this subsection shall not be subject to a negative or adverse inference as a result of not having completed such audit4 4 #e4 ,wage1 salary1 and benefit history2 discussion of wages 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 ,provisions relating to wage1 salary1 and benefit history and discussion of wages 7a7 ,requirements and prohibitions relating to wage1 salary1 and benefit history ,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 employment1 except that an employer may rely on wage history if it is voluntarily provided by a prospective employee2 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 employee2 7#c7 require a prospective employee to disclose the wage history of such prospective employee2 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 ,prohibitions relating to discussion of wages ,subject to subsection 7c71 it shall be an unlawful practice for an employer to-- 7#a7 prohibit an employee from inquiring about1 discussing1 or disclosing the wages of the employee or another employee1 if such employee has voluntarily disclosed the wages of such employee2 7#b7 prohibit an employee from requesting from the employer an explanation of differentials in compensation among employees2 or 7#c7 take an adverse employment action against an employee for-- 7,a7 conduct described under paragraphs 7#a7 or 7#b72 or 7,b7 encouraging employees to engage in conduct described in such paragraphs4 7c7 ,limitations relating to discussion of wages 7#a7 ,an employer may impose reasonable time1 place1 and manner limitations on conduct described under subsection 7b7 if such limitations are written and available to each employee4 7#b7 ,such limitations may include a prohibition on the discussion by an employee of the wages of another employee if such employee did not voluntarily disclose the wages of such employee4 7d7 ,salary expectation conversation ,nothing in this section shall be construed to prevent an employer from-- 7#a7 inquiring about the salary expectations of a prospective employee2 or 7#b7 providing information to such employee about the compensation and benefits offered in relation to the position4 7e7 ,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 ,penalty ,section #af of such ,act 7#bi ,u4,s4,c4 #baf7 is amended by adding at the end the following new subsection3 7f7 ,any person who violates the provisions of section #h shall be liable to each employee for an amount equal to the sum of-- 7#a7 #b1jjj for a first offense1 increased by an additional #ejj for each subsequent offense1 not to exceed #e1jjj2 and 7#b7 with respect to an employee of the employer1 the amount that the employee would have received but for such violation and the amount actually received by such employee4 4 #f4 ,negotiation skills training 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 entities to carry out negotiation skills training programs for the purposes of addressing pay disparities1 including through outreach to women and girls4 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 for the purposes described in paragraph 7#b74 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 ,career and ,technical ,education ,act of #bjjf 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 ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja 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 #ah months after the date of enactment of this ,act1 and annually thereafter1 the ,secretary of ,labor1 in consultation with the ,secretary of ,education1 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 section4 #g4 ,department of ,labor ,study ,the ,comptroller ,general shall1 not later than #ahj days after the date of the enactment of this ,act1 submit to ,congress a study on the causes and effects of-- 7#a7 pay disparities among men and women2 7#b7 with respect to employees that leave the workforce for parental reasons 7commonly referred to as the ,manager's ,gap71 the impact on pay and opportunity potential2 and 7#c7 the disparities in negotiation skills among men and women upon entering the workforce4