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Paycheck Fairness Act

Bill NumberHR-7

Passed House, Failed in Senate

Sponsor & Key Contributors
Rosa L. DeLauro

What this bill would do

This bill would change the current law - the 1963 Equal Pay Act - to strengthen its restrictions against gender discrimination in salaries.

What's wrong with the current law?

The current law allows for wage differences that are based on any other factor other than sex. That has left a wide range of exemptions.

Salaries for new hires often are based on their previous salaries. Since salaries for females typically have been lower right from the start of their careers, a female starting at new job has an inherent salary disadvantage against a male.

Females also tend to receive harsher treatment when negotiating the salary for a new job.

This bill would address those issues

This bill would close some of those gaps. Under this law, companies no longer would be allowed to...

o Base salaries for new employees on their prior pay.

o Restrict employees from discussing pay with their co-workers.

It would change the exemption criteria from any other factor other than sex to a bona fide factor other than sex, such as education, training, or experience.

Employers would need to demonstrate that these factors - rather than gender - account for the entire wage difference.

It would allow for gender discrimination claims in court to be treated the same as those for race and ethnicity claims.

It also would require companies to report wage data to the Equal Employment Opportunity Commission (EEOC).

For more information

For more information, read this fact sheet by the American Association of University Women (AAUW).

Was not given vote in Senate

This bill expired when the 116th Congress ended in Jan. 2021.

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