SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS.
(a) BONA-FIDE FACTOR DEFENSE AND MODIFICATION OF SAME ESTABLISHMENT REQUIREMENT—Section 6(d)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(1)) is amended—
(1) by striking “No employer having” and inserting “(A) No employer having”;
(2) by striking “any other factor other than sex” and inserting “a bona fide factor other than sex, such as education, training, or experience”; and
(3) by inserting at the end the following:
“(B) The bona fide factor defense described in subparagraph (A)(iv) shall apply only if the employer demonstrates that such factor (i) is not based upon or derived from a sex-based differential in compensation; (ii) is job-related with respect to the position in question; and (iii) is consistent with business necessity. Such defense shall not apply where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice.
“(C) For purposes of subparagraph (A), employees shall be deemed to work in the same establishment if the employees work for the same employer at workplaces located in the same county or similar political subdivision of a State. The preceding sentence shall not be construed as limiting broader applications of the term ‘establishment’ consistent with rules prescribed or guidance issued by the Equal Opportunity Employment Commission.”.
(b) NONRETALIATION PROVISION—Section 15 of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)) is amended—
(1) in subsection (a)(3), by striking “employee has filed” and all that follows and inserting “employee—
“(A) has made a charge or filed any complaint or instituted or caused to be instituted any investigation, proceeding, hearing, or action under or related to this Act, including an investigation conducted by the employer, or has testified or is planning to testify or has assisted or participated in any manner in any such investigation, proceeding, hearing or action, or has served or is planning to serve on an industry Committee; or
“(B) has inquired about, discussed or disclosed the wages of the employee or another employee.”; and
(2) by adding at the end the following:
“(c) Subsection (a)(3)(B) shall not apply to instances in which an employee who has access to the wage information of other employees as a part of such employee’s essential job functions discloses the wages of such other employees to individuals who do not otherwise have access to such information, unless such disclosure is in response to a complaint or charge or in furtherance of an investigation, proceeding, hearing, or action under section 6(d), including an investigation conducted by the employer. Nothing in this subsection shall be construed to limit the rights of an employee provided under any other provision of law.”.
(c) ENHANCED PENALTIES—Section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is amended—
(1) by inserting after the first sentence the following: “Any employer who violates section 6(d) shall additionally be liable for such compensatory damages, or, where the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, except that the United States shall not be liable for punitive damages.”;
(2) in the sentence beginning “An action to”, by striking “either of the preceding sentences” and inserting “any of the preceding sentences of this subsection”;
(3) in the sentence beginning ‘No employees shall’, by striking “No employees” and inserting “Except with respect to class actions brought to enforce section 6(d), no employee”;
(4) by inserting after the sentence referred to in paragraph (3), the following: ‘Notwithstanding any other provision of Federal law, any action brought to enforce section 6(d) may be maintained as a class action as provided by the Federal Rules of Civil Procedure.’; and
(5) in the sentence beginning “The court in”—
(A) by striking “in such action” and inserting “in any action brought to recover the liability prescribed in any of the preceding sentences of this subsection”; and
(B) by inserting before the period the following: “, including expert fees”.
(d) ACTION BY SECRETARY—Section 16(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(c)) is amended—
(1) in the first sentence—
(A) by inserting “or, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b),” before “and the agreement”; and
(B) by inserting before the period the following: “or such compensatory or punitive damages, as appropriate”;
(2) in the second sentence, by inserting before the period the following: “and, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b)”;
(3) in the third sentence, by striking “the first sentence” and inserting “the first or second sentence”; and
(4) in the last sentence—
(A) by striking “commenced in the case” and inserting “commenced—
“(1) in the case”;
(B) by striking the period and inserting “; or”; and
(C) by adding at the end the following:
“(2) in the case of a class action brought to enforce section 6(d), on the date on which the individual becomes a party plaintiff to the class action.”.
SEC. 4. TRAINING.
The Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs, subject to the availability of funds appropriated under section 10, shall provide training to Commission employees and affected individuals and entities on matters involving discrimination in the payment of wages.
SEC. 5. NEGOTIATION SKILLS TRAINING FOR GIRLS AND WOMEN.
(a) PROGRAM AUTHORIZED—
(1) IN GENERAL—The Secretary of Labor, after consultation with the Secretary of Education, is authorized to establish and carry out a grant program.
(2) GRANTS—In carrying out the program, the Secretary of Labor may make grants on a competitive basis to eligible entities, to carry out negotiation skills training programs for girls and women.
(3) ELIGIBLE ENTITIES—To be eligible to receive a grant under this subsection, an entity shall be a public agency, such as a State, a local government in a metropolitan statistical area (as defined by the Office of Management and Budget), a State educational agency, or a local educational agency, a private nonprofit organization, or a community-based organization.
(4) APPLICATION—To be eligible to receive a grant under this subsection, an entity shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary of Labor may require.
(5) USE OF FUNDS—An entity that receives a grant under this subsection shall use the funds made available through the grant to carry out an effective negotiation skills training program that empowers girls and women. The training provided through the program shall help girls and women strengthen their negotiation skills to allow the girls and women to obtain higher salaries and rates of compensation that are equal to those paid to similarly-situated male employees.
(b) INCORPORATING TRAINING INTO EXISTING PROGRAMS—The Secretary of Labor and the Secretary of Education shall issue regulations or policy guidance that provides for integrating the negotiation skills training, to the extent practicable, into programs authorized under—
(1) in the case of the Secretary of Education, the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.), the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), and other programs carried out by the Department of Education that the Secretary of Education determines to be appropriate; and
(2) in the case of the Secretary of Labor, the Workforce Investment Act of 1
998 (29 U.S.C. 2801 et seq.), and other programs carried out by the Department of Labor that the Secretary of Labor determines to be appropriate.
(c) REPORT—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Labor and the Secretary of Education shall prepare and submit to Congress a report describing the activities conducted under this section and evaluating the effectiveness of such activities in achieving the purposes of this Act.
SEC. 6. RESEARCH, EDUCATION, AND OUTREACH.
The Secretary of Labor shall conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including—
(1) conducting and promoting research to develop the means to correct expeditiously the conditions leading to the pay disparities;
(2) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the media, and the general public the findings resulting from studies and other materials, relating to eliminating the pay disparities;
(3) sponsoring and assisting State and community informational and educational programs;
(4) providing information to employers, labor organizations, professional associations, and other interested persons on the means of eliminating the pay disparities;
(5) recognizing and promoting the achievements of employers, labor organizations, and professional associations that have worked to eliminate the pay disparities; and
(6) convening a national summit to discuss, and consider approaches for rectifying, the pay disparities.
SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE WORKPLACE.
(a) IN GENERAL—There is established the Secretary of Labor’s National Award for Pay Equity in the Workplace, which shall be awarded, as appropriate, to encourage proactive efforts to comply with section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)).
(b) CRITERIA FOR QUALIFICATION—The Secretary of Labor shall set criteria for receipt of the award, including a requirement that an employer has made substantial effort to eliminate pay disparities between men and women, and deserves special recognition as a consequence of such effort. The Secretary shall establish procedures for the application and presentation of the award.
(c) EMPLOYER—In this section, the term “employer” includes—
(1) (A) a corporation, including a nonprofit corporation;
(B) a partnership;
(C) a professional association;
(D) a labor organization; and
(E) a business entity similar to an entity described in any of subparagraphs (A) through (D);
(2) an entity carrying out an education referral program, a training program, such as an apprenticeship or management training program, or a similar program; and
(3) an entity carrying out a joint program, formed by a combination of any entities described in paragraph (1) or (2).
SEC. 8. COLLECTION OF PAY INFORMATION BY THE
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is amended by adding at the end the following:
“(f) (1) Not later than 18 months after the date of enactment of this subsection, the Commission shall—
“(A) complete a survey of the data that is currently available to the Federal Government relating to employee pay information for use in the enforcement of Federal laws prohibiting pay discrimination and, in consultation with other relevant Federal agencies, identify additional data collections that will enhance the enforcement of such laws; and
“(B) based on the results of the survey and consultations under subparagraph (A), issue regulations to provide for the collection of pay information data from employers as described by the sex, race, and national origin of employees.
“(2) In implementing paragraph (1), the Commission shall have as its primary consideration the most effective and efficient means for enhancing the enforcement of Federal laws prohibiting pay discrimination. For this purpose, the Commission shall consider factors including the imposition of burdens on employers, the frequency of required reports (including which employers should be required to prepare reports), appropriate protections for maintaining data confidentiality, and the most effective format for the data collection reports.”.
SEC. 9. REINSTATEMENT OF PAY EQUITY PROGRAMS AND PAY EQUITY DATA COLLECTION.
(a) BUREAU OF LABOR STATISTICS DATA COLLECTION—The Commissioner of Labor Statistics shall continue to collect data on women workers in the Current Employment Statistics survey.
(b) OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS INITIATIVES—The Director of the Office of Federal Contract Compliance Programs shall ensure that employees of the Office—
(1) (A) shall use the full range of investigatory tools at the Office’s disposal, including pay grade methodology;
(B) in considering evidence of possible compensation discrimination—
(i) shall not limit its consideration to a small number of types of evidence; and
(ii) shall not limit its evaluation of the evidence to a small number of methods of evaluating the evidence; and
(C) shall not require a multiple regression analysis or anecdotal evidence for a compensation discrimination case;
(2) for purposes of its investigative, compliance, and enforcement activities, shall define “similarly situated employees” in a way that is consistent with and not more stringent than the definition provided in item 1 of subsection A of section 10-III of the Equal Employment Opportunity Commission Compliance Manual (2000), and shall consider only factors that the Office’s investigation reveals were used in making compensation decisions; and
(3) shall reinstate the Equal Opportunity Survey, as required by section 60-2.18 of title 41, Code of Federal Regulations (as in effect on September 7, 2006), designating not less than half of all nonconstruction contractor establishments each year to prepare and file such survey, and shall review and utilize the responses to such survey to identify contractor establishments for further evaluation and for other enforcement purposes as appropriate.
(c) DEPARTMENT OF LABOR DISTRIBUTION OF WAGE DISCRIMINATION INFORMATION—The Secretary of Labor shall make readily available (in print, on the Department of Labor website, and through any other forum that the Department may use to distribute compensation discrimination information), accurate information on compensation discrimination, including statistics, explanations of employee rights, historical analyses of such discrimination, instructions for employers on compliance, and any other information that will assist the public in understanding and addressing such discrimination.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS—There are authorized to be appropriated $15,000,000 to carry out this Act.
(b) PROHIBITION ON EARMARKS—None of the funds appropriated pursuant to subsection (a) for purposes of the grant program in section 5 of this Act may be used for a Congressional earmark as defined in clause 9(d) of rule XXI of the Rules of the House of Representatives.
SEC. 11. SMALL BUSINESS ASSISTANCE.
(a) EFFECTIVE DATE—This Act and the amendments made by this Act shall take effect on the date that is 6 months after the date of enactment of this Act.
(b) TECHNICAL ASSISTANCE MATERIALS—The Secretary of Labor and the Commissioner of the Equal Employment Opportunity Commission shall jointly develop technical assistance material to assist small businesses in complying with the requirements of this Act and the amendments made by this Act.
(c) SMALL BUSINESSES—A small business shall be exempt from the provisions of this Act to the same extent that such business is exempt from the requirements of the Fair Labor Standards Act pursuant to section 3(s)(1)(A)(i) and (ii) of such Act.
SEC. 12. RULE OF CONSTRUCTION.
Nothing in this Act, or in any amendments made by this Act, shall af
fect the obligation of employers and employees to fully comply with all applicable immigration laws, including any penalties, fines, or other sanctions.
RESOURCES
PROCESS FOR FILING A COMPLAINT OF EMPLOYMENT DISCRIMINATION
THE EQUAL Employment Opportunity Commission (EEOC), established as part of the Civil Rights Act of 1964, enforces Title VII and other antidiscrimination laws such as the Age Discrimination in Employment Act (ADEA) and the Equal Pay Act. Sex-discrimination claims must use Title VII, which requires that an employee file a charge of discrimination within 180 days of the act of discrimination. Some states have their own antidiscrimination laws and give the employee 300 days from the act of discrimination to file, while federal employees have a different complaint process and must contact an EEO counselor within 45 days.
Before filing a federal lawsuit for discrimination and harassment under Title VII, you must first file a charge of discrimination with the EEOC, which then investigates the charge, requesting relevant information and documents pertaining to the charge from both the employee and employer. At the end of its investigation, the EEOC may close its file without completing the investigation, conclude that it did not find a violation of law occurred, or conclude that there is substantial evidence of a violation, otherwise known as “cause determination.”
If the EEOC makes a cause determination, it will attempt to conciliate the case by achieving a settlement between the parties, as well as require the employer to take certain steps to preclude future occurrences of discrimination or sexual harassment. If this fails, the EEOC has the right to file its own case against the employer and the employee may join that case with her own attorney. If the EEOC does not pursue its own case, it will issue a right to sue and the employee has 90 days to file in federal court.
If the EEOC closes its file without completing the investigation or is unable to conclude a violation occurred, it will also issue a notice of right to sue. The employee then has 90 days to file her case in federal court, losing her opportunity to file once that 90 days has passed.
A violation under the Equal Pay Act does not require an employee to file a charge with the EEOC. The time limit for filing a case in federal court is two years within the alleged unlawful compensation practice; in the case of a willful violation, the limit is three years.
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