HR 1338 · 110th Congress 2007–2009, ended

Paycheck Fairness Act

Introduced Mar 6, 2007 Originated House Sponsor Rosa L. DeLauro D-CT

Fact sheet Spreadsheet

Latest action · Aug 1, 2008 Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMar 6, 2007
  2. Passed HouseJul 31, 2008
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

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.

Recorded votes 6

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 556Passed247–178Jul 31, 2008
House 555Failed189–236Jul 31, 2008
House 554Agreed to410–16Jul 31, 2008
House 553Agreed to397–29Jul 31, 2008
House 552Agreed to426–1Jul 31, 2008
Show all 6 votes

Cosponsors 230

Members who signed on, in the order they did. Signatures ran from Mar 6, 2007 to Jul 23, 2008; 48 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-MDAlbert Russell WynnOriginalMar 6, 2007
D-PAAllyson Y. SchwartzOriginalMar 6, 2007
D-CAAnna G. EshooOriginalMar 6, 2007
D-MNBetty McCollumOriginalMar 6, 2007
D-CABob FilnerOriginalMar 6, 2007
D-CABrad ShermanOriginalMar 6, 2007
D-NYCarolyn B. MaloneyOriginalMar 6, 2007
D-MICarolyn C. KilpatrickOriginalMar 6, 2007
D-NYCarolyn McCarthyOriginalMar 6, 2007
D-MIDale E. KildeeOriginalMar 6, 2007
D-NCDavid E. PriceOriginalMar 6, 2007
D-WIDavid R. ObeyOriginalMar 6, 2007
D-KSDennis MooreOriginalMar 6, 2007
D-CODiana DeGetteOriginalMar 6, 2007
D-VIDonna M. ChristensenOriginalMar 6, 2007
Show all 230 cosponsors

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEducation and Workforce Committee
Referred Mar 6, 2007Markup Jul 24, 2008Reported Jul 28, 2008
Workforce Protections Subcommittee
Referred Jun 5, 2007Hearings Jul 11, 2007Discharged Jul 24, 2008
SenateHealth, Education, Labor, and Pensions Committee
Referred Aug 1, 2008

Actions 42

Everything that happened, newest first.

  1. Aug 1, 2008Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  2. Jul 31, 2008Rule H. Res. 1388 passed House.
  3. Jul 31, 2008Considered under the provisions of rule H. Res. 1388. (consideration: CR H7678-7681)
  4. Jul 31, 2008Rule 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.
  5. Jul 31, 2008House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1388 and Rule XVIII.
  6. Jul 31, 2008The Speaker designated the Honorable Michael E. Capuano to act as Chairman of the Committee.
  7. Jul 31, 2008GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1338.
  8. Jul 31, 2008Committee of the Whole House on the state of the Union rises leaving H.R. 1338 as unfinished business.
  9. Jul 31, 2008Considered as unfinished business. (consideration: CR H7681-7704)
  10. Jul 31, 2008The House resolved into Committee of the Whole House on the state of the Union for further consideration.
  11. Jul 31, 2008GENERAL DEBATE - The Committee of the Whole continued with general debate on H.R. 1338.
  12. Jul 31, 2008DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Bean amendment.
  13. Jul 31, 2008DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Price (GA) amendment.
  14. Jul 31, 2008POSTPONED 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.
  15. Jul 31, 2008DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Altmire amendment.
  16. Jul 31, 2008POSTPONED 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.
  17. Jul 31, 2008DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Giffords amendment.
  18. Jul 31, 2008POSTPONED 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.
  19. Jul 31, 2008DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Cazayoux amendment.
  20. Jul 31, 2008POSTPONED 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.
  21. Jul 31, 2008DEBATE - Pursuant to the provisions of H. Res. 1388, the Committee of the Whole proceeded with ten minutes of debate on the Flake amendment.
  22. Jul 31, 2008UNFINISHED 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.
  23. Jul 31, 2008The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1338.
  24. Jul 31, 2008The 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)
  25. Jul 31, 2008Mr. Price (GA) moved to recommit with instructions to Education and Labor. (consideration: CR H7701-7703; text: CR H7701)
  26. Jul 31, 2008DEBATE - 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.
  27. Jul 31, 2008The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7703)
  28. Jul 31, 2008On motion to recommit with instructions Failed by recorded vote: 189 - 236 (Roll no. 555).
  29. Jul 31, 2008Passed/agreed to in House: On passage Passed by recorded vote: 247 - 178 (Roll no. 556).
  30. Jul 31, 2008Motion to reconsider laid on the table Agreed to without objection.
  31. Jul 31, 2008The 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.
  32. Jul 30, 2008Rules 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.
  33. Jul 28, 2008Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-783.
  34. Jul 28, 2008Placed on the Union Calendar, Calendar No. 502.
  35. Jul 24, 2008Subcommittee on Workforce Protections Discharged.
  36. Jul 24, 2008Committee Consideration and Mark-up Session Held.
  37. Jul 24, 2008Ordered to be Reported Without Recommendation (Amended) by the Yeas and Nays: 26 - 17.
  38. Jul 11, 2007Subcommittee Hearings Held.
  39. Jun 6, 2007Sponsor introductory remarks on measure. (CR H6012)
  40. Jun 5, 2007Referred to the Subcommittee on Workforce Protections.
  41. Mar 6, 2007Introduced in House
  42. Mar 6, 2007Referred to the House Committee on Education and Labor.

In the Congressional Record 10

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
ExtensionsDebate and remarks E1731Carol Shea-Porter D-NHSep 9, 2008
ExtensionsDebate and remarks E1682, E1686, E1695, E1698Betty McCollum D-MN, Carolyn C. Kilpatrick D-MI, Mark Udall D-CO, Rush Holt D-NJAug 1, 2008
HouseDebate and remarks H7637–H7642, H7678–H7704, H7701–H7703, H7705Text printed H7637Amendments H7642, H7691, H7693, H7695, H7696, H7697Motions H7701Recorded votes H7676, H7698, H7699, H7700, H7701, H7703, H7704Altmire amendment (delay implementation and develop technical assistance materials to assist small businesses with compliance)Cazayoux amendment (business and industry compliance with all applicable immigration laws)consideration (H. Res. 1388), previous questionenactGiffords amendment (clarify legal standard for punitive damages for wage discrimination based on sex to require malice or reckless indifference)Price of Georgia amendment (delay implementation until a study is conducted examining effect on employer recruiting and hiring)Price of Georgia motion to recommit (national energy policy)Rulings of the chair H7702Anna G. Eshoo D-CA, Barbara Lee D-CA, Betty Sutton D-OH, Carolyn B. Maloney D-NY, Chris Van Hollen D-MD, Danny K. Davis D-IL, Debbie Wasserman Schultz D-FL, Dennis J. Kucinich D-OH, Donald J. Cazayoux Jr. D-LA (amendment), Eddie Bernice Johnson D-TX, Eleanor Holmes Norton D-DC, Fortney Pete Stark D-CA, Gabrielle Giffords D-AZ (amendment), Gene Green D-TX, George Miller D-CA, Hilda L. Solis D-CA, Howard P. "Buck" McKeon R-CA, James R. Langevin D-RI, Janice D. Schakowsky D-IL, Jason Altmire D-PA (amendment), Jeff Flake R-AZ (amendment), Joe Baca D-CA, Joe Wilson R-SC, John Conyers, Jr. D-MI, John D. Dingell D-MI, Kathy Castor D-FL, Laura Richardson D-CA, Lincoln Diaz-Balart R-FL (amendment), Linda T. Sánchez D-CA, Lois Capps D-CA, Louise McIntosh Slaughter D-NY, Lucille Roybal-Allard D-CA, Lynn C. Woolsey D-CA, Marcy Kaptur D-OH, Mazie K. Hirono D-HI, Melissa L. Bean D-IL (amendment), Michael M. Honda D-CA, Peter Welch D-VT, Phil Hare D-IL, Robert E. Andrews D-NJ, Rosa L. DeLauro D-CT, Sander M. Levin D-MI, Sheila Jackson Lee D-TX, Steny H. Hoyer D-MD, Susan A. Davis D-CA, Tom Price R-GA (amendment, motion), Virginia Foxx R-NCJul 31, 2008
ExtensionsDebate and remarks E1268Charles B. Rangel D-NYJun 18, 2008
HouseDebate and remarks H5115Jackie Speier D-CAJun 10, 2008
Show all 10 days

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 2

  1. Jul 25, 2008H.R. 1338, Paycheck Fairness Act<p>Cost estimate for the bill as ordered reported by the House Committee on Education and Labor on July 23, 2008</p>
  2. Jul 25, 2008H.R. 1338, Paycheck Fairness ActCost estimate for the bill as ordered reported by the House Committee on Education and Labor on July 23, 2008

Printed hearings 3

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
S. Hrg. 110-802BARRIERS TO JUSTICE: EXAMINING EQUAL PAY FOR EQUAL WORK105 pagesJudiciary CommitteeSep 23, 2008
Serial No. 110-54THE PAYCHECK FAIRNESS ACT (H.R. 1338)68 pagesEducation and Workforce CommitteeJul 11, 2007
Serial No. 110-24STRENGTHENING THE MIDDLE CLASS: ENSURING EQUAL PAY FOR WOMEN67 pagesEducation and Workforce CommitteeApr 24, 2007

Amendments 6

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 1144An amendment numbered 1 printed in House Report 110-807 to strike Section 3(b), "Application of Provisions," from the bill.Melissa L. Bean D-ILOn agreeing to the Bean amendment (A001) Agreed to by voice vote.
HAmdt 1145An amendment numbered 2 printed in House Report 110-807 to direct the Secretary of Labor to study and report back to Congress within 90 days the effect of the Equal Pay Act amendments contained in the bill (section 3) on employers' ability to recruit and hire employees regardless of gender; the effective date of these amendments is delayed pending the Secretary's report. If the Secretary finds that these amendments are likely to significantly hinder employers' ability to hire and recruit employees regardless of gender, they do not go into effect.Tom Price R-GAOn agreeing to the Price (GA) amendment (A002) Failed by recorded vote: 188 - 240 (Roll no. 551).
HAmdt 1146An amendment numbered 3 printed in House Report 110-807 to delay the effective date of the bill by six months from the time of enactment. The amendment requires the Department of Labor to educate small businesses about what is required under law and assist them with compliance.Jason Altmire D-PAOn agreeing to the Altmire amendment (A003) Agreed to by recorded vote: 426 - 1 (Roll no. 552).
HAmdt 1147An amendment numbered 4 printed in House Report 110-807 to clarify that a plaintiff must show intent (malice or reckless indifference) to recover punitive damages.Gabrielle Giffords D-AZOn agreeing to the Giffords amendment (A004) Agreed to by recorded vote: 397 - 29 (Roll no. 553).
HAmdt 1148An amendment numbered 5 printed in House Report 110-807 to clarify that nothing in the Paycheck Fairness Act would affect the obligation of employers and employees to fully comply with all the applicable immigration laws.Donald J. Cazayoux Jr. D-LAOn agreeing to the Cazayoux amendment (A005) Agreed to by recorded vote: 410 - 16, 1 Present (Roll no. 554).
Show all 6 amendments

Related bills 2

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 766Paycheck Fairness ActRelated billMar 6, 2007
HRES 1388Providing for consideration of the bill (H.R. 1338) to amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.Procedurally relatedJul 31, 2008

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.
Short Titles as Introduced
Paycheck Fairness Act
Short Titles as Reported to House
Paycheck Fairness Act
Short Titles as Passed House
Paycheck Fairness Act

Subjects

Assigned by the Library of Congress. Policy area: Labor and Employment.

Text 4

Each version as it was printed, newest first.

  1. Aug 1, 2008Referred in Senate
  2. Jul 31, 2008Engrossed in House
  3. Jul 28, 2008Reported in House
  4. Mar 6, 2007Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.