Paycheck Fairness Act

Fact Sheet API

Bill Number

HR 1338

Introduced

Mar 6, 2007

Latest Action

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Sponsor

Cosponsors

Topics

Administrative procedure Apprenticeship Awards, medals, prizes Business records Civil actions and liability Civil Rights and Liberties, Minority Issues Civil rights enforcement Class actions (Civil procedure) Commemorations Commerce Conferences Congressional reporting requirements Damages Department of Education Department of Labor Disciplining of employees Discrimination in employment Economics and Public Finance Education Elementary and secondary education Employee rights Employee training Employers' liability Equal Employment Opportunity Commission Evidence (Law) Expert witnesses Federal aid to education Federal employees Government and business Government contractors Government Operations and Politics Government paperwork Government publicity Governmental investigations Higher education Labor and Employment Labor statistics Labor unions Law Legal fees Pay equity Personnel records Position classification Punitive damages Sex discrimination Supervisors Surveys Vocational and technical education Wage surveys Wages Whistle blowing Women Women's education Women's employment

Full Text

View Full Bill Text

Votes

Summary

Paycheck Fairness Act - (Sec. 3) 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. Avers that such defense shall not apply 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.

(Sec. 4) 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.

(Sec. 5) Authorizes the Secretary to make grants to eligible entities for negotiation skills training programs for girls and women. Directs the Secretaries of Labor and Education to issue regulations or policy guidance to integrate such training into certain programs under their Departments.

(Sec. 6) 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.

(Sec. 7) Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace for an employer has made substantial effort to eliminate pay disparities between men and women.

(Sec. 8) 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.

(Sec. 9) 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.

(Sec. 10) Authorizes appropriations. Prohibits the earmarking of such funds.

(Sec. 11) Directs the Secretary and the Commissioner of the EEOC jointly to develop technical assistance material to assist small businesses to comply with the requirements of this Act.

Actions

Aug 1, 2008

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Jul 31, 2008

On motion to recommit with instructions Failed by recorded vote: 189 - 236 (Roll no. 555).
Jul 31, 2008

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7703)
Jul 31, 2008

DEBATE - The House proceeded with 10 minutes of debate on the Price (GA) motion to recommit with instructions. The instructions contained in the motion seek to report the bill back to the House with an amendment.
Jul 31, 2008

Mr. Price (GA) moved to recommit with instructions to Education and Labor. (consideration: CR H7701-7703; text: CR H7701)
Jul 31, 2008

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H7691-7693)
Jul 31, 2008

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1338.
Jul 31, 2008

UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
Jul 31, 2008

DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Flake amendment.
Jul 31, 2008

POSTPONED PROCEEDINGS - At the conclusion of debate on the Cazayoux amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Andrews demanded a recorded vote and pursuant to the rule, the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
Jul 31, 2008

DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Cazayoux amendment.
Jul 31, 2008

POSTPONED PROCEEDINGS - At the conclusion of debate on the Giffords amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Giffords demanded a recorded vote and pursuant to the rule, the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
Jul 31, 2008

DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Giffords amendment.
Jul 31, 2008

POSTPONED PROCEEDINGS - At the conclusion of debate on the Altmire amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Altmire demanded a recorded vote and pursuant to the rule, the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
Jul 31, 2008

DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Altmire amendment.
Jul 31, 2008

POSTPONED PROCEEDINGS - At the conclusion of debate on the Price (GA) amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Price (GA) demanded a recorded vote and pursuant to the rule, the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
Jul 31, 2008

DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Price (GA) amendment.
Jul 31, 2008

DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Bean amendment.
Jul 31, 2008

GENERAL DEBATE - The Committee of the Whole continued with general debate on H.R. 1338.
Jul 31, 2008

The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Jul 31, 2008

Considered as unfinished business. (consideration: CR H7681-7704)
Jul 31, 2008

Committee of the Whole House on the state of the Union rises leaving H.R. 1338 as unfinished business.
Jul 31, 2008

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1338.
Jul 31, 2008

The Speaker designated the Honorable Michael E. Capuano to act as Chairman of the Committee.
Jul 31, 2008

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1388 and Rule XVIII.
Jul 31, 2008

Rule provides for consideration of H.R. 1338 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.
Jul 31, 2008

Considered under the provisions of rule H. Res. 1388. (consideration: CR H7678-7681)
Jul 31, 2008

Rule H. Res. 1388 passed House.
Jul 31, 2008

The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 1338.
Jul 31, 2008

Motion to reconsider laid on the table Agreed to without objection.
Jul 31, 2008

On passage Passed by recorded vote: 247 - 178 (Roll no. 556).
Jul 31, 2008

Passed/agreed to in House: On passage Passed by recorded vote: 247 - 178 (Roll no. 556).
Jul 30, 2008

Rules Committee Resolution H. Res. 1388 Reported to House. Rule provides for consideration of H.R. 1338 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.
Jul 28, 2008

Placed on the Union Calendar, Calendar No. 502.
Jul 28, 2008

Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-783.
Jul 24, 2008

Ordered to be Reported Without Recommendation (Amended) by the Yeas and Nays: 26 - 17.
Jul 24, 2008

Committee Consideration and Mark-up Session Held.
Jul 24, 2008

Subcommittee on Workforce Protections Discharged.
Jul 11, 2007

Subcommittee Hearings Held.
Jun 6, 2007

Sponsor introductory remarks on measure. (CR H6012)
Jun 5, 2007

Referred to the Subcommittee on Workforce Protections.
Mar 6, 2007

Referred to the House Committee on Education and Labor.
Mar 6, 2007

Introduced in House

Amendments

Related Bills