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


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]


Same for all scorecards:

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


Same for all scorecards:

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)


Same for all scorecards:

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

Opponents

Articles and resources

See also

References

  1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 Project Vote Smart's info page on Paycheck Fairness Act (H.R.1338).
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