HR 7 · 116th Congress 2019–2021, ended

Paycheck Fairness Act

Introduced Jan 30, 2019 Originated House Sponsor Rosa L. DeLauro D-CT

Fact sheet Spreadsheet

Latest action · Apr 3, 2019 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 53.

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. IntroducedJan 30, 2019
  2. Passed HouseMar 27, 2019
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Paycheck Fairness Act

This bill addresses wage discrimination on the basis of sex. It amends equal pay provisions of the Fair Labor Standards Act of 1938 to (1) restrict the use of the bona fide factor defense to wage discrimination claims, (2) enhance nonretaliation prohibitions, (3) make it unlawful to require an employee to sign a contract or waiver prohibiting the employee from disclosing information about the employee's wages, and (4) increase civil penalties for violations of equal pay provisions.

The Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs shall train EEOC employees and other affected parties on wage discrimination.

The bill directs the Department of Labor to (1) establish and carry out a grant program for negotiation skills training programs to address pay disparities, including through outreach to women and girls; (2) conduct studies to eliminate pay disparities between men and women; (3) report on the gender pay gap in the teenage labor workforce; and (4) make available information on wage discrimination to assist the public in understanding and addressing such discrimination.

The Secretary of Labor's National Award for Pay Equity in the Workplace is established for an employer who has made a substantial effort to eliminate pay disparities between men and women.

The bill requires the EEOC to issue regulations for collecting from employers compensation and other employment data according to the sex, race, and ethnic identity of employees for use in enforcing laws prohibiting pay discrimination.

The Bureau of Labor Statistics shall continue collecting data on women workers in the Current Employment Statistics survey.

The bill sets forth prohibitions and requirements regarding the wage history of prospective employees.

Recorded votes 3

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

Roll callQuestionResultDate
House 134On PassagePassed242–187Mar 27, 2019

Yea 242

Nay 187

Not voting 3

House 133Failed191–236Mar 27, 2019
House 132Agreed to406–24Mar 27, 2019

Cosponsors 239

Members who signed on, in the order they did. All signed on Jan 30, 2019.

SeatCosponsorSigned on
D-VAA. Donald McEachinOriginalJan 30, 2019
D-IAAbby FinkenauerOriginalJan 30, 2019
D-VAAbigail Davis SpanbergerOriginalJan 30, 2019
D-CAAdam B. SchiffOriginalJan 30, 2019
D-WAAdam SmithOriginalJan 30, 2019
D-NYAdriano EspaillatOriginalJan 30, 2019
D-TXAl GreenOriginalJan 30, 2019
D-FLAl Lawson, Jr.OriginalJan 30, 2019
D-CAAlan S. LowenthalOriginalJan 30, 2019
D-NJAlbio SiresOriginalJan 30, 2019
D-FLAlcee L. HastingsOriginalJan 30, 2019
D-NYAlexandria Ocasio-CortezOriginalJan 30, 2019
D-NCAlma S. AdamsOriginalJan 30, 2019
D-CAAmi BeraOriginalJan 30, 2019
D-INAndré CarsonOriginalJan 30, 2019
Show all 239 cosponsors

Committees 1

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

ChamberCommitteeWhat it did
HouseEducation and Workforce Committee
Referred Jan 30, 2019Markup Feb 26, 2019Reported Mar 18, 2019

Actions 34

Everything that happened, newest first.

  1. Apr 3, 2019Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 53.
  2. Apr 2, 2019Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
  3. Mar 28, 2019Received in the Senate.
  4. Mar 27, 2019Considered under the provisions of rule H. Res. 252. (consideration: CR H2848-2875)
  5. Mar 27, 2019The resolution provides for one hour debate on H.R. 7 and H.Res. 124.
Show all 34 actions

In the Congressional Record 15

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
SenateDebate and remarks S6441Kevin Cramer R-ND, Richard Blumenthal D-CTOct 24, 2020
HouseDebate and remarks H8Robert C. "Bobby" Scott D-VAJan 7, 2020
HouseDebate and remarks H5835Rosa L. DeLauro D-CTJul 16, 2019
ExtensionsDebate and remarks E923Sheila Jackson Lee D-TXJul 15, 2019
HouseDebate and remarks H5733Debra A. Haaland D-NMJul 12, 2019
Show all 15 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 estimate

  1. Mar 13, 2019H.R. 7, Paycheck Fairness ActAs ordered reported by the House Committee on Education and Labor on February 26, 2019

Constitutional authority

[Pages H1336-H1337] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] By Ms. DeLAURO: H.R. 7. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 3 of the United States Constitution and Article I, Section 8, Clause 1 of the United States Constitution.

The sponsor’s statement, as printed in the Congressional Record, vol. 165, no. 19, January 30, 2019, page H1337.

Printed hearings 1

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

NumberHearingCommitteeHeld
Serial No. 116-4PAYCHECK FAIRNESS ACT (H.R. 7): EQUAL PAY FOR EQUAL WORK225 pagesEducation and Workforce CommitteeFeb 13, 2019

Amendments 8

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 109An amendment numbered 1 printed in Part B of House Report 116-19 to strike Section 8 relating to the collection by the Equal Employment Opportunity Commission of pay information and other employment-related data (including hiring, termination, and promotion data) disaggregated by the sex, race, and national origin of employees.Virginia Foxx R-NCOn agreeing to the Foxx (NC) amendment (A001) Failed by voice vote.
HAmdt 110An amendment numbered 2 printed in Part B of House Report 116-19 to recognize the severity of the gender wage gap for girls and women of color.Norma J. Torres D-CAOn agreeing to the Torres (CA) amendment (A002) Agreed to by voice vote.
HAmdt 111An amendment numbered 3 printed in Part B of House Report 116-19 to highlight the gender pay gaps impact on women and girls of color during research and education efforts conducted by the Secretary of Labor.Norma J. Torres D-CAOn agreeing to the Torres (CA) amendment (A003) Agreed to by voice vote.
HAmdt 112An amendment numbered 4 printed in Part B of House Report 116-19 to clarify that the "any other factor other than sex" defense in the Equal Pay Act means a bona fide business-related reason other than sex, and to strike Section 3(a)(B) relating to the application of the factor other than sex defense to an Equal Pay Act claim.Bradley Byrne R-ALOn agreeing to the Byrne amendment (A004) Failed by voice vote.
HAmdt 113An amendment numbered 5 printed in Part B of House Report 116-19 to clarify that the studies conducted by the Department of Labor concerning the elimination of pay disparities between men and women must include information about, and an analysis of, women of all racial and ethnic backgrounds.Pramila Jayapal D-WAOn agreeing to the Jayapal amendment (A005) Agreed to by voice vote.
Show all 8 amendments

Related bills 3

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

BillTitleRelationshipLatest action
HRES 252Providing for consideration of the bill (H.R. 7) 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, and providing for consideration of the resolution (H. Res. 124) expressing opposition to banning service in the Armed Forces by openly transgender individuals.Related billMar 27, 2019
S 270Paycheck Fairness ActIdentical billJan 30, 2019
HR 1869Paycheck Fairness ActReintroduction ofApr 4, 2017

Titles 5

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 Title(s) as Introduced
Paycheck Fairness Act
Short Title(s) as Reported to House
Paycheck Fairness Act
Short Title(s) as Passed House
Paycheck Fairness Act
Short Title(s) from PCS (Placed on Senate Calendar) bill text
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. Apr 3, 2019Placed on Calendar Senate
  2. Mar 27, 2019Engrossed in House
  3. Mar 18, 2019Reported in House
  4. Jan 30, 2019Introduced 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.