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HR 7 - Paycheck Fairness Act - National Key Vote

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Title: Paycheck Fairness Act

Vote Smart's Synopsis:

Vote to pass a bill that addresses wage discrimination on the basis of sex by limiting an employer's defense that a pay differential is based on a factor other than sex to only bona fide job-related factors in wage discrimination claims.

Highlights:

 

  • Defines “sex” to include the following (Sec. 2):

    • Pregnancy, childbirth, or a related medical condition;

    • Sexual orientation or gender identity; and

    • Sex characteristics, including intersex traits.

  • Defines “sexual orientation” to include homosexuality, heterosexuality, and bisexuality (Sec. 2).

  • Defines “gender identity” as gender-related identity appearance, mannerisms, or other gender-related characteristics of individuals regardless of the individual’s sex at birth (Sex. 2).

  • Limits an employer’s defense to the following, including (Sec. 2):

    • A claim is not based on upon or derived from a sex-based differential in compensation;

    • A claim is job-related with respect to the position in question;

    • A claim is consistent with the position in question; and

    • A claim counts for the entire differential in compensation at issue.

  • Prohibits non-retaliation and specifies that an employee can not be forced to sign a contract or waiver that would prohibit the employee from disclosing information about the employee’s wages (Sec. 2).

  • Prohibits an employer from asking a job applicant about their salary history or relying on salary history to determine compensation, unless divulged willingly by the job applicant upon receiving a job offer (Sec. 2).

  • Prohibits an employer from retaliating against an employee who has inquired about, discussed, or disclosed their wages with another employee (Sec. 2).

  • Amends the Fair Labor Standards Act of 1938 to authorize employees to participate in class action lawsuits that challenge systematic pay discrimination (Sec. 2).

  • Establishes a civil penalty of $5,000 for an employer who violates the aforementioned equal pay provision and specifies that the civil penalty will increase by $1,000 for each subsequent violation but can not exceed $10,000 (Sec. 9).

  • Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and other affected parties on wage discrimination (Sec. 3).

  • Authorizes the Department of Labor to do the following, including (Sec. 4-5):

    • Establish and carry out a grant program to provide training in negotiation skills related to compensation and equitable working conditions;

    • Conduct studies to eliminate pay disparities between men and women; and

    • Make information available on wage discrimination to assist the public in understanding and addressing such discrimination.

  • Establishes the National Award for Pay Equity in the Workplace for an employer who has made a substantial effort to eliminate pay disparities between men and women (Sec. 6).

  • Establishes the National Equal Pay Enforcement Task Force to address compliance, public education, and enforcement of equal pay laws (Sec. 10).

  • Requires the EEOC to issue regulations for collecting from employers compensation and other employment data disaggregated by sex, race, and national origin of employees (Sec. 7).

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