Paycheck Fairness Act - OpenCongress Wiki
Paycheck Fairness Act
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The Paycheck Fairness Act (H.R. 1338) was a bill in the 110th Congress "to amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes." (Official title.)[1]
Contents |
Current status
| H.R.1338 (110th Congress) - Paycheck Fairness Act | Status: House Passed |
To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.
Sponsor: Rep. Rosa L. DeLauro [D, CT-3]Committees: House Education and Labor, House Education and Labor - Workforce Protections, Senate Health, Education, Labor, and Pensions
Bill summary
- Amends the Fair Labor Standards Act of 1938 to prohibit employers from discriminating against employees who have filed complaints about pay discrepancies and subjects employers who exercise pay discrimination to be liable for compensatory damages and in some cases punitive damages (Sec. 3).[1]
- Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination (Sec. 4).[1]
- Authorizes the Secretary of Labor to make grants to governmental agencies, nonprofit groups, and community based organizations for negotiation skills training programs for girls and women (Sec. 5).[1]
- Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace to be awarded to an employer that has made substantial efforts to eliminate pay disparities between men and women (Sec. 7).[1]
- Directs the Secretary of Labor to make accurate information on compensation discrimination readily available to the public (Sec. 9).[1]
- Authorizes the appropriation of $15 million to carry out this act, none of which maybe used for congressional earmarks (Sec. 10).[1]
Key votes
Vote to pass a bill that revises the enforcement of prohibitions against sex discrimination in the payment of wages.[1]
House Record Vote (556)
July 31, 2008
On Passage: H R 1338 Paycheck Fairness Act
On Passage
On Passage
Percentage of 'Aye' votes: 56% - Passed
Required percentage of 'Aye' votes: 1/2 (50%)
247
Ayes
178
Nays
| Dem | Rep | Other | |
| Ayes | 232 | 14 | 0 |
| Nays | 0 | 178 | 0 |
| Abst. | 2 | 7 | 0 |
Same for all scorecards:
- Name of bill: Paycheck Fairness Act
- Chamber: U.S. House of Representatives
- Roll call number: 556
- Congress number: 110th
- Session number: 2
- Vote link: U.S. House of Representatives record vote 556, 110th Congress, Session 2
| Scored vote | |
|---|---|
|
Scorecard: American Civil Liberties Union 2007 House Scorecard |
Org. position: Aye |
|
Description: "On July 31, 2008, the House passed the Paycheck Fairness Act (H.R. 1338) by a vote of 247 to 178. The ACLU supported this legislation, which would amend the Equal Pay Act, one of the most important laws addressing pay discrimination. In particular, it would strengthen the Act by requiring employers to demonstrate that wage differences among employees are not based on gender, strengthening penalties for violations, bolstering the Equal Employment Opportunity Commission's (EEOC) ability to handle pay discrimination cases, and requiring the EEOC to develop regulations directing employers to collect wage data of employees, reported by race, sex and national origin." (Original scorecard available at: http://action.aclu.org/site/VoteCenter?page=voteList) | |
| Scored vote | |
|---|---|
|
Scorecard: AFSCME 2008 House Scorecard |
Org. position: Aye |
|
Description: "The House approved the Paycheck Fairness Act (H.R. 1338), which would make it easier for women to seek legal remedies when they suspect that they have been victims of wage discrimination. The bill makes it clear that men and women should be paid equally for equal work and removes caps on the compensation a victim can receive from a discrimination lawsuit." (Original scorecard available at: http://www.afscme.org/legislation-politics/19812.cfm) | |
| Scored vote | |
|---|---|
|
Scorecard: Americans for Democratic Action 2008 House Scorecard |
Org. position: Aye |
|
Description: "Passage of a bill to allow women who are paid less than their male counterparts to bring suits against their employers and receive compensation within 180 days of receiving the last discriminatory paycheck. Employers seeking to justify unequal pay would have to prove that disparities are job-related and required by a business necessity. Workers winning wage discrimination cases could collect compensatory damages, and punitive damages, if they can prove intentional discrimination. In effect, the bill would undo the Supreme Court Ledbetter decision" (Original scorecard available at http://www.adaction.org/pages/publications/voting-records.php | |
| Scored vote | |
|---|---|
|
Scorecard: National Journal 2008 House Scorecard |
Org. position: Aye |
|
Description: "Facilitate lawsuits for women to challenge wage discrimination. July 31. (247-178)" (Original scorecard available at http://www.nationaljournal.com/njmagazine/cs_20090228_4813.php | |
House Record Vote (7)
January 16, 2008
On Agreeing to the Amendment: Amendment 3 to H R 2768
On Agreeing to the Amendment
On Agreeing to the Amendment
Percentage of 'Aye' votes: 95% - Agreed to
Required percentage of 'Aye' votes: 1/2 (50%)
416
Ayes
0
Nays
| Dem | Rep | Other | |
| Ayes | 227 | 189 | 0 |
| Nays | 0 | 0 | 0 |
| Abst. | 8 | 11 | 0 |
Same for all scorecards:
- Name of bill: Paycheck Fairness Act
- Chamber: U.S. House of Representatives
- Roll call number: 7
- Congress number: 111th
- Session number: 1
- Vote link: U.S. House of Representatives record vote 7, 111th Congress, Session 1
| Scored vote | |
|---|---|
|
Scorecard: American Civil Liberties Union 2008 House Scorecard |
Org. position: Nay |
|
Description: "On January 9, 2009, the House defeated a motion to recommit the Paycheck Fairness Act (H.R. 12) by a vote of 240 to 178. The ACLU opposed the motion to recommit, which would have placed a cap on the attorneys' fees a prevailing plaintiff could receive under the Equal Pay Act. The Paycheck Fairness Act is intended to strengthen the Equal Pay Act, not limit the ability of those suffering pay discrimination to get the legal help necessary to ensure they receive their rightfully earned wages." (Original scorecard available at: http://action.aclu.org/site/VoteCenter?page=voteList) | |
House Record Vote (8)
January 16, 2008
On Agreeing to the Amendment: Amendment 4 to H R 2768
On Agreeing to the Amendment
On Agreeing to the Amendment
Percentage of 'Aye' votes: 43% - Failed
Required percentage of 'Aye' votes: 1/2 (50%)
188
Ayes
229
Nays
| Dem | Rep | Other | |
| Ayes | 3 | 185 | 0 |
| Nays | 224 | 5 | 0 |
| Abst. | 8 | 10 | 0 |
Same for all scorecards:
- Name of bill: Paycheck Fairness Act
- Chamber: U.S. House of Representatives
- Roll call number: 8
- Congress number: 111th
- Session number: 1
- Vote link: U.S. House of Representatives record vote 8, 111th Congress, Session 1
| Scored vote | |
|---|---|
|
Scorecard: American Civil Liberties Union 2008 House Scorecard |
Org. position: Aye |
|
Description: "On January 9, 2009, the House passed the Paycheck Fairness Act (H.R. 12) by a vote of 256 to 163. The ACLU supported this legislation, which would amend the Equal Pay Act, one of the most important laws addressing pay discrimination. In particular, it would strengthen the Act by requiring employers to demonstrate that wage differences among employees, who hold the same position and do the same work, stem from factors other than sex; strengthening penalties for violations; bolstering the Equal Employment Opportunity Commission's (EEOC) ability to handle pay discrimination cases; and requiring the EEOC to develop regulations directing employers to collect wage data of employees, reported by race, sex and national origin." (Original scorecard available at: http://action.aclu.org/site/VoteCenter?page=voteList) | |
Supporters
- AFL-CIO
- American Association of University Women
- American Civil Liberties Union
- Business and Professional Women USA
- Coalition of Labor Union Women
- Equal Rights Advocates
- Federally Employed Women
- Feminist Majority Foundation
- National Association of Social Workers
- National Committee on Pay Equity
- National Organization for Women
- National Women's Law Center
- United Automobile, Aerospace and Agricultural Implement Workers of America
- United Food and Commercial Workers International Union
- WAGE Project
- Wider Opportunities for Women
Opponents
- Alliance for Worker Freedom
- American Bakers Association
- American Hotel and Lodging Association
- Associated Builders and Contractors
- College and University Professional Association for Human Resources
- Environmental Industry Associations
- Food Marketing Institute
- Hudson Institute
- Human Resource Policy Association
- Independent Electrical Contractors
- International Foodservice Distributors Association
- International Franchise Association
- International Public Management Association for Human Resources (IPMA-HR)
- National Association of Convenience Stores
- National Association of Manufacturers
- National Federation of Independent Business
- National Public Employer Labor Relations Association
- National Restaurant Association
- National Retail Federation
- National Roofing Contractors Association
- Printing Industries of America
- Retail Industry Leaders Association
- Society for Human Resource Management
- Textile Rental Services Association of America
- U.S. Chamber of Commerce
