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).

Full Bill Text

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).

Full Bill Text

Full Bill Text