About S2199

Paycheck Fairness Act

Policy Area: Labor and Employment

Sponsor: Sen. Mikulski, Barbara A. [D-MD] (D-MD)

Latest Action (2014-09-15): Cloture on the bill not invoked in Senate by Yea-Nay Vote. 52 – 40. Record Vote Number: 262. (consideration: CR S5579-5580; text: CR H5579)

Summary

Paycheck Fairness Act – 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. Makes such defense inapplicable 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

Subjects: Civil actions and liability, Employment discrimination and employee rights, Government information and archives, Government studies and investigations, Public contracts and procurement, Racial and ethnic relations, Sex, gender, sexual orientation discrimination, Small business

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