,i #aafth ,,congress #ast ,session ,h4 ,r4 #bjci ,,in ,,the ,,house ,,of ,,representatives ,april #b1 #bjai,ms4 ,norton 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 discrimination in the payment of wages on account of sex1 race1 or national origin1 and for other purposes4 #a4 ,short title 7a7 ,short title ,this ,act may be cited as the ,fair ,pay ,act of #bjai4 7b7 ,reference ,except as provided in section #h1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq474 #b4 ,findings ,congress finds the following3 7#a7 ,wage rate differentials exist between equivalent jobs segregated by sex1 race1 and national origin in ,government employment and in industries engaged in commerce or in the production of goods for commerce4 7#b7 ,discrimination in hiring and promotion has played a role in maintaining a segregated work force4 7#c7 ,many women and people of color work in occupations dominated by individuals of their same sex1 race1 and national origin4 7,a7 ,while a wage rate differential exists in nearly every occupational field1 traditionally male jobs tend to pay better than traditionally female jobs which require equal skill1 effort1 and responsibility1 and which are performed under similar working conditions4 7,b7 ,traditionally male jobs that are low-wage require less skill1 education1 and certifications than traditionally female jobs that are low-wage1 despite their generally receiving higher pay4 7#d7 ,in #bjae1 a woman in the ,united ,states working in a full-time1 year-round job earned #hj cents for every dollar earned by a man working in a full-time1 year-round job4 7,a7 ,the wage gap is larger when the data is disaggregated by race4 ,among women who hold full-time1 year-round jobs in the ,united ,states1 ,african-,american women were paid on average1 only #fc percent of what ,white men were paid in #bjae1 while ,native ,hawaiian and ,other ,pacific ,islander women were paid #fj percent1 ,american ,indian and ,alaska ,native women were paid #eh percent1 and ,hispanic and ,latina women were paid only #ed percent4 7,b7 ,the gender pay gap persists across educational levels4 ,as a result1 women who complete college degrees are less able to pay off their student loans promptly1 leaving them paying more and for a longer time than men4 ,in #bjab1 among students who graduated in #bjjg-bjjh1 women working full time had paid off #cc percent of their student loan debt on average1 while men working full time had paid off #dd percent of their debt4 7,c7 ,in the ,united ,states1 mothers are primary or sole breadwinners in nearly #dj percent of families4 ,yet the wage gap for mothers is larger than for women overall4 ,according to #bjac data1 mothers employed full time1 year round are paid #ga cents for every dollar paid to fathers4 ,it is worse for single mothers with full-time1 year-round jobs1 who are paid just #eh cents for every dollar paid to fathers4 7,d7 ,a conservative estimate is that women employed in the ,united ,states lose a combined total of nearly #ejj billion every year due to the wage gap4 ,these women1 their families1 businesses and the economy suffer as a result4 ,lost wages mean families have less money to save for the future or to spend on basic goods and services--spending that helps drive the economy4 7,e7 ,statistical analysis shows that #fb percent of the wage gap can be attributed to occupational and industry differences2 differences in experience and education2 and factors such as race1 region and unionization4 ,that leaves #ch percent of the gap unaccounted for1 leading researchers to conclude that factors such as discrimination and unconscious bias continue to affect women's wages4 7#e7 ,the existence of such wage rate differentials-- 7,a7 depresses wages and living standards for employees necessary for their health and efficiency2 7,b7 prevents the maximum utilization of the available labor resources2 7,c7 tends to cause labor disputes1 thereby burdening1 affecting1 and obstructing commerce2 7,d7 burdens commerce and the free flow of goods in commerce2 7,e7 constitutes an unfair method of competition2 and 7,f7 contributes to poor living conditions1 poor nutrition1 and fewer opportunities for families with children under #ah where the mother is the sole or primary breadwinner4 7#f7 ,section #f7;d7 of the ,fair ,labor ,standards ,act of #aich prohibits discrimination in compensation for equal work on the basis of sex4 7#g7 ,artificial barriers to the elimination of discrimination in compensation based upon sex1 race1 and national origin continue to exist more than five decades after the passage of section #f7;d7 of the ,fair ,labor ,standards ,act of #aich1 the ,equal ,pay ,act of #aifc1 and the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a et seq474 ,elimination of such barriers would have positive effects4 7,a7 ,problems in the economy created by discrimination through wage rate differentials would be reduced4 ,in #bjab1 the ,u4,s4 economy would have produced additional income of #ddg4f billion if women received equal pay2 this represents #b4i percent of #bjab gross domestic product4 7,b7 ,fewer working women and people of color would earn low wages1 thereby reducing dependence on public assistance4 ,the total increase in women's earnings with pay equity represents more than #ad times what the ,federal and ,state governments spent in fiscal year #bjab on ,temporary ,assistance to ,needy ,families4 7,c7 ,working family members earning a fair rate of pay would encourage stable families and reduce poverty4 ,the poverty rate for all working women would be cut in half1 falling to #c4i percent from #h4a percent4 ,the very high poverty rate for working single mothers would fall by nearly half1 from #bh4g percent to #ae4j percent1 and two-thirds would receive a pay increase4 #c4 ,equal pay for equivalent jobs 7a7 ,amendment ,section #f 7#bi ,u4,s4,c4 #bjf7 is amended by adding at the end the following3 7h7 7#a7 7,a7 ,except as provided in subparagraph 7,b71 no employer having employees subject to any provision of this section shall discriminate1 within any establishment in which such employees are employed1 between employees on the basis of sex1 race1 or national origin by paying wages to employees in such establishment in a job that is dominated by employees of a particular sex1 race1 or national origin at a rate less than the rate at which the employer pays wages to employees in such establishment in another job that is dominated by employees of the opposite sex or of a different race or national origin1 respectively1 for work on equivalent jobs1 nor shall such employer between such employees on the basis of sex1 race1 or national origin in any other terms1 conditions1 privileges1 or benefits of employment4 7,b7 ,nothing in subparagraph 7,a7 shall prohibit the payment of different wage rates to employees where such payment is made pursuant to-- 7i7 a seniority system2 7ii7 a merit system2 7iii7 a system that measures earnings by quantity or quality of production2 or 7iv7 a differential based on a bona fide factor other than sex1 race1 or national origin1 such as education1 training1 or experience1 except that this clause shall apply only if-- 7,i7 the employer demonstrates that-- 7aa7 such factor-- 7,,aa7 is job-related with respect to the position in question2 or 7,,bb7 furthers a legitimate business purpose1 except that this item shall not apply if 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 practice2 and 7bb7 such factor was actually applied and used reasonably in light of the asserted justification2 and 7,,ii7 upon the employer succeeding under subclause 7,i71 the employee fails to demonstrate that the differential produced by the reliance of the employer on such factor is itself the result of discrimination on the basis of sex1 race1 or national origin by the employer4 7,c7 ,the ,equal ,employment ,opportunity ,commission shall issue guidelines specifying criteria for determining whether a job is dominated by employees of a particular sex1 race1 or national origin for purposes of subparagraph 7,b77iv74 ,such guidelines shall not include a list of such jobs4 7,d7 ,an employer who is paying a wage rate differential in violation of subparagraph 7,a7 shall not1 in order to comply with the provisions of such subparagraph1 reduce the wage rate of any employee4 7#b7 ,no labor organization or its agents representing employees of an employer having employees subject to any provision of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of paragraph 7#a77;,a74 7#c7 ,for purposes of administration and enforcement of this subsection1 any amounts owing to any employee that have been withheld in violation of paragraph 7#a77;,a7 shall be deemed to be unpaid minimum wages or unpaid overtime compensation under this section or section #g4 7#d7 ,in this subsection3 7,a7 ,the term labor organization means any organization of any kind1 or any agency or employee representation committee or plan1 in which employees participate and that exists for the purpose1 in whole or in part1 of dealing with employers concerning grievances1 labor disputes1 wages1 rates of pay1 hours of employment1 or conditions of work4 7,b7 ,the term equivalent jobs means jobs that may be dissimilar1 but whose requirements are equivalent1 when viewed as a composite of skills1 effort1 responsibility1 and working conditions4 4 7b7 ,conforming amendment ,section #ac7;a7 7#bi ,u4,s4,c4 #bac7;a77 is amended in the matter before paragraph 7#a7 by striking section #f7;d7 and inserting sections #f 7d7 and 7h74 #d4 ,prohibited acts ,section #ae7;a7 7#bi ,u4,s4,c4 #bae7;a77 is amended-- 7#a7 by striking the period at the end of paragraph 7#e7 and inserting a semicolon2 and 7#b7 by adding after paragraph 7#e7 the following3 7#f7 to discriminate against any individual because such individual has opposed any act or practice made unlawful by section #f7;h7 or because such individual made a charge1 testified1 assisted1 or participated in any manner in an investigation1 proceeding1 or hearing to enforce section #f7;h72 or 7#g7 to discharge or in any other manner discriminate against1 coerce1 intimidate1 threaten1 or interfere with any employee or any other person because the employee inquired about1 disclosed1 compared1 or otherwise discussed the employee's wages or the wages of any other employee1 or because the employee exercised1 enjoyed1 aided1 or encouraged any other person to exercise or enjoy any right granted or protected by section #f7;h74 4 #e4 ,remedies 7a7 ,enhanced penalties ,section #af7;b7 7#bi ,u4,s4,c4 #baf7;b77 is amended-- 7#a7 by inserting after the first sentence the following3 ,any employer who violates subsection 7d7 or 7h7 of section #f shall additionally be liable for such compensatory or 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 employees1 by striking ,no employees and inserting ,except with respect to class actions brought under subsection 7f71 no employee2 7#d7 in the sentence beginning ,the court in1 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#e7 by striking section #ae7;a77#c7 each place it occurs and inserting paragraphs 7#c71 7#f71 and 7#g7 of section #ae7;a74 7b7 ,action by secretary ,section #af7;c7 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 subsection 7d7 or 7h7 of section #f1 additional compensatory or punitive damages1 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 subsection 7d7 or 7h7 of section #f1 additional compensatory or punitive damages2 and 7#c7 in the third sentence1 by striking the first sentence and inserting the first or second sentence4 7c7 ,fees ,section #af 7#bi ,u4,s4,c4 #baf7 is amended by adding at the end the following3 7f7 ,in any action brought under this section for a violation of section #f7;h71 the court shall1 in addition to any other remedies awarded to the prevailing plaintiff or plaintiffs1 allow expert fees as part of the costs4 ,any such action may be maintained as a class action as provided by the ,federal ,rules of ,civil ,procedure4 4 #f4 ,records 7a7 ,records ,section #aa7;c7 7#bi ,u4,s4,c4 #baa7;c77 is amended-- 7#a7 by inserting 7#a7 after 7c72 and 7#b7 by adding at the end the following3 7#b7 ,every employer subject to section #f7;h7 shall preserve records that document and support the method1 system1 calculations1 and other bases used by the employer in establishing1 adjusting1 and determining the wage rates paid to the employees of the employer4 ,every employer subject to section #f7;h7 shall preserve such records for such periods of time1 and shall make such reports from the records to the ,equal ,employment ,opportunity ,commission1 as shall be prescribed by the ,equal ,employment ,opportunity ,commission by regulation or order as necessary or appropriate for the enforcement of the provisions of section #f7;h7 or any regulation promulgated pursuant to section #f7;h74 4 7b7 ,small business exemptions ,section #aa7;c7 7as amended by subsection 7a77 is further amended by adding at the end the following3 7#c7 ,every employer subject to section #f7;h7 that has #be or more employees on any date during the first or second year after the effective date of this paragraph1 or #ae or more employees on any date during any subsequent year after such second year1 shall1 in accordance with regulations promulgated by the ,equal ,employment ,opportunity ,commission under paragraph 7#h71 prepare and submit to the ,equal ,employment ,opportunity ,commission for the year involved a report signed by the president1 treasurer1 or corresponding principal officer1 of the employer that includes information that discloses the wage rates paid to employees of the employer in each classification1 position1 or job title1 or to employees in other wage groups employed by the employer1 including information with respect to the sex1 race1 and national origin of employees at each wage rate in each classification1 position1 job title1 or other wage group4 4 7c7 ,protection of confidentiality ,section #aa7;c7 7as amended by subsections 7a7 and 7b77 is further amended by adding at the end the following3 7#d7 ,the rules and regulations promulgated by the ,equal ,employment ,opportunity ,commission under paragraph 7#h71 relating to the form of such a report1 shall include requirements to protect the confidentiality of employees1 including a requirement that the report shall not contain the name of any individual employee4 4 7d7 ,use2 inspections2 examination2 regulations ,section #aa7;c7 7as amended by subsections 7a7 through 7c77 is further amended by adding at the end the following3 7#e7 ,the ,equal ,employment ,opportunity ,commission may publish any information and data that the ,equal ,employment ,opportunity ,commission obtains pursuant to the provisions of paragraph 7#c74 ,the ,equal ,employment ,opportunity ,commission may use the information and data for statistical and research purposes1 and compile and publish such studies1 analyses1 reports1 and surveys based on the information and data as the ,equal ,employment ,opportunity ,commission may consider appropriate4 7#f7 ,in order to carry out the purposes of this ,act1 the ,equal ,employment ,opportunity ,commission shall by regulation make reasonable provision for the inspection and examination by any person of the information and data contained in any report submitted to the ,equal ,employment ,opportunity ,commission pursuant to paragraph 7#c74 7#g7 ,the ,equal ,employment ,opportunity ,commission shall by regulation provide for the furnishing of copies of reports submitted to the ,equal ,employment ,opportunity ,commission pursuant to paragraph 7#c7 to any person upon payment of a charge based upon the cost of the service4 7#h7 ,the ,equal ,employment ,opportunity ,commission shall issue rules and regulations prescribing the form and content of reports required to be submitted under paragraph 7#c7 and such other reasonable rules and regulations as the ,equal ,employment ,opportunity ,commission may find necessary to prevent the circumvention or evasion of such reporting requirements4 ,in exercising the authority of the ,equal ,employment ,opportunity ,commission under paragraph 7#c71 the ,equal ,employment ,opportunity ,commission may prescribe by general rule simplified reports for employers for whom the ,equal ,employment ,opportunity ,commission finds that because of the size of the employers a detailed report would be unduly burdensome4 4 #g4 ,research1 education1 and technical assistance program2 report to congress ,section #d7;d7 7#bi ,u4,s4,c4 #bjd7;d77 is amended by adding at the end the following3 7#d7 ,the ,equal ,employment ,opportunity ,commission shall conduct studies and provide information and technical assistance to employers1 labor organizations1 and the general public concerning effective means available to implement the provisions of section #f7;h7 prohibiting wage rate discrimination between employees performing work in equivalent jobs on the basis of sex1 race1 or national origin4 ,such studies1 information1 and technical assistance shall be based on and include reference to the objectives of such section to eliminate such discrimination4 ,in order to achieve the objectives of such section1 the ,equal ,employment ,opportunity ,commission shall carry on a continuing program of research1 education1 and technical assistance including-- 7,a7 conducting and promoting research with the intent of developing means to expeditiously correct the wage rate differentials described in section #f7;h72 7,b7 publishing and otherwise making available to employers1 labor organizations1 professional associations1 educational institutions1 the various media of communication1 and the general public the findings of studies and other materials for promoting compliance with section #f7;h72 7,c7 sponsoring and assisting ,state and community informational and educational programs2 and 7,d7 providing technical assistance to employers1 labor organizations1 professional associations and other interested persons on means of achieving and maintaining compliance with the provisions of section #f7;h74 7#e7 ,the report submitted biennially by the ,secretary to ,congress under paragraph 7#a7 shall include a separate evaluation and appraisal regarding the implementation of section #f7;h74 4 #h4 ,conforming amendments 7a7 ,congressional employees 7#a7 ,application ,section #bjc7;a77#a7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acac7;a77#a77 is amended-- 7,a7 by striking subsections 7a77#a7 and 7d7 of section #f and inserting subsections 7a77#a71 7d71 and 7h7 of section #f2 and 7,b7 by striking #bjf 7a77#a7 and 7d7 and inserting #bjf 7a77#a71 7d71 and 7h74 7#b7 ,remedies ,section #bjc7;b7 of such ,act 7#b ,u4,s4,c4 #acac7;b77 is amended by inserting before the period the following3 or1 in an appropriate case1 under section #af7;f7 of such ,act 7#bi ,u4,s4,c4 #baf7;f774 7b7 ,executive branch employees 7#a7 ,application ,section #dac7;a77#a7 of title #c1 ,united ,states ,code1 as added by section #b7;a7 of the ,presidential and ,executive ,office ,accountability ,act 7,public ,law #ajd-cca2 #aaj ,stat4 #djec71 is amended by striking subsections 7a77#a7 and 7d7 of section #f and inserting subsections 7a77#a71 7d71 and 7h7 of section #f4 7#b7 ,remedies ,section #dac7;b7 of such title is amended by inserting before the period the following3 or1 in an appropriate case1 under section #af7;f7 of such ,act4 #i4 ,effective date ,the amendments made by this ,act shall take effect #a year after the date of enactment of this ,act4