BILL: Should We Fight Workplace Discrimination? - Paycheck Fairness Act - H.R.17

The Bill

H.R.17 - Paycheck Fairness Act

Bill Details

• Sponsored by Rep. Rosa L. DeLauro (D-Conn.) on March 10, 2023
• Committees: House - Education and the Workforce; Oversight and Accountability
• House: Not yet voted
• Senate: Not yet voted
• President: Not yet signed

Bill Overview

• The bill addresses sex and gender-based wage discrimination pertaining to pregnancy, sexual orientation, gender identity, and sex characteristics.
• Strengthens the Equal Pay Act of 1963 and ensures women can challenge pay discrimination and hold employers accountable.
• The bill increases civil penalties for violations of equal pay provisions.
• Limits 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.
• Enhances nonretaliation prohibitions and makes it unlawful to require an employee to sign a contract or waiver prohibiting them from disclosing information about the employee's wages.
• The bill requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train employees and other affected parties on wage discrimination.

What's in the Bill?

Targets the gender pay gap 

• In the U.S., women still earn, on average, 77 cents for every dollar paid to men, resulting in a gap of $11,782 each year. The disparity is worse for women of color.
• Compared to every dollar a white man earns, Black women are paid 64 cents, Latina women are paid 54 cents, and Native American women are paid 51 cents.

Directs the Department of Labor to prioritize wage parity

• Directs the Department of Labor (DoL) to establish a grant program to provide training in negotiation skills related to compensation and equitable working conditions.
• Directs the DoL to conduct studies to eliminate pay disparities between men and women.
• Makes information on wage discrimination available to the public to aid in understanding and addressing this discrimination.

Makes it unlawful to prevent employees from discussing their wages

• Makes it easier for employees to discuss pay disparities.

Establishes the National Award for Pay Equity in the Workplace 

• This award will be given to an employer who has made a substantial effort to eliminate pay disparities between men and women.

Establishes the National Equal Pay Enforcement Task Force 

• The task force would address compliance, public education, and enforcement of equal pay laws.
• Requires the EEOC to establish regulations for collecting compensation and employment data on race, sex, and gender from employers.

What Supporters are Saying

• Rep. DeLauro, the sponsor of the bill, said:

"Men and women in the same job deserve the same pay. It is a simple concept that has eluded so many in our workforce for far too long. It is time that ends. We must enact the Paycheck Fairness Act to close the expanding pay gap and give women the necessary tools to dispute pay discrimination in their workplace."

• Rep. Patty Murray (D-Wa.), the co-sponsor of the bill, said:

"When we talk about the wage gap, we are ultimately talking about huge, life-changing amounts of pay that women are being cheated out of. Women are paying the price of inaction, and we have to put a stop to sexist pay practices—for good." 

• Rep. Robert C. "Bobby" Scott (D-Va.) said:

"The gender wage gap is not only discriminatory, it undermines the financial stability of families and slows our economic growth. Despite current protections, inadequate remedies and limited enforcement tools have allowed gender-based wage discrimination to persist—leaving women, particularly women of color, without the pay they deserve."

What Opponents are Saying

• Sen. Lisa Murkowski (R-Alaska) said:

"This legislation allows unlimited compensatory and punitive awards, even if there is no proof of intentional discrimination. It would significantly limit the ability and discretion of employers to consider reasonable business reasons for salary decisions and places burdensome wage reporting requirements on businesses. Addressing the gender pay gap and holding employers accountable for gender discrimination must remain a priority, but the so called Paycheck Fairness Act is not the answer."

Tell your reps to support or oppose this bill

—Emma Kansiz 

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