Gender-Based Pay Discrimination – Passage

Passage of the bill, as amended, that would change the language and grounds that an employer could use in a legal defense to explain a difference in pay between employees when a lawsuit is brought against the employer alleging pay discrimination on the basis of sex. The bill would narrow the defense such an employer could use by requiring employers to provide non-gender, business-based reasons for differences in pay, rather than allowing the employer to demonstrate in court that "any factor other than sex" had been the basis for the pay disparity. Under the bill, an employer would specifically need to demonstrate that the disparity is based on a bona fide factor such as education, training or experience. It would expand protections for employees against forms of retaliation and increase monetary penalties for violating the Fair Labor Standards Act. The bill would require the Department of Labor, in consultation with the Department of Education, to establish grants to implement negotiation skills training programs under the measure. The bill would require the Secretary of Labor to conduct studies regarding ways to eliminate pay discrepancies between men and women. It would require the Equal Employment Opportunity Commission to collect compensation and other employment-related data disaggregated by the sex, race, and national origin of employees, and would require the Bureau of Labor Statistics to continue to collect data on women workers. It would amend the Fair Labor Standards Act to include language that would prohibit an employer from relying on wage history for hiring purposes or pay determination, and would implement penalties for violations. The Department of Labor and the Equal Employment Opportunity Commission would be required to provide assistance material to small businesses. Additionally, certain small businesses would be exempt from certain requirements in the measure.