Paycheck Fairness Act
Sponsored By: Senator Patty Murray
Introduced
Summary
Stronger enforcement against sex-based wage discrimination. This bill would tighten legal remedies, expand pay-data reporting, and fund training and grants to help close persistent pay gaps between men and women.
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- Workers: Would expand protections so employees can discuss pay without retaliation and pursue compensatory and, for willful misconduct, punitive damages. It also narrows the employer "bona fide factor" defense so pay differences must be job-related and business-necessary.
- Employers: Private firms with 100 or more employees would face new pay-data reporting requirements by sex, race, and ethnicity and public disclosure of aggregated results by industry, occupation, and metro area.
- Federal contractors and agencies: The Office of Federal Contract Compliance Programs would restart and expand contractor pay surveys and must annually select not less than half of nonconstruction contractor establishments to report. The Bureau of Labor Statistics would continue tracking women in its employment survey.
- Training, grants, and outreach: The Equal Employment Opportunity Commission and OFCCP must receive training funded by appropriations. A new competitive Negotiation Skills Training grant program would fund entities to teach pay negotiation and report on outcomes.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 3 benefits, 1 costs, 0 mixed.
Stronger pay rights for workers
If enacted, this bill would give workers stronger pay-discrimination rights and new pay-transparency rules. Employees who win could get compensatory damages and, if an employer acted with malice or reckless indifference, punitive damages (the United States would not face punitive damages). Workers could bring class actions and courts could award expert fees. The bill would narrow employers' "bona fide factor" defense so non-sex reasons must be job-related, business-necessary, and explain the whole pay gap. It would also bar employers from relying on an applicant's wage history for covered jobs and prohibit waivers that stop workers from discussing pay. Many of these rules would take effect six months after enactment.
Employer pay reporting and contractor surveys
If enacted, the EEOC would start collecting yearly, detailed pay and employment data by sex, race, and ethnicity for each 12-month period. That reporting would begin not later than 18 months after the law takes effect and apply to private employers with 100 or more employees (and certain contractors). The Office of Federal Contract Compliance Programs would be instructed to use a full range of investigatory tools, run an annual contractor compensation survey, and require many contractor establishments to file data. The data would be used for enforcement targeting and published in aggregate by industry, occupation, and metro area.
Programs and awards to reduce pay gaps
If enacted, the Department of Labor would run grants, training, research, and recognition programs to address pay gaps. The bill would authorize competitive grants for negotiation-skills training and require the Secretary to report to Congress within 18 months and annually. The Department would publish public information on pay discrimination, do studies (including a teen gender-pay-gap report to Congress within one year), provide training for EEOC and contractor offices (subject to appropriations), and give an annual National Award for Pay Equity. The Labor Department and EEOC would also make technical-assistance materials to help small businesses, and small enterprises meeting the FLSA test would be exempt. Many program rules would take effect six months after enactment, with some research deadlines at 12–18 months.
Immigration obligations preserved for employers
If enacted, the bill would not change existing immigration law. Employers and employees would still need to follow all immigration rules and remain subject to the current penalties, fines, or sanctions. This rule of construction takes effect six months after enactment.
Sponsors & CoSponsors
Sponsor
Patty Murray
WA • D
Cosponsors
Bernie Sanders
VT • I
Sponsored 3/25/2025
Angela Alsobrooks
MD • D
Sponsored 3/25/2025
Tammy Baldwin
WI • D
Sponsored 3/25/2025
Michael Bennet
CO • D
Sponsored 3/25/2025
Richard Blumenthal
CT • D
Sponsored 3/25/2025
Lisa Blunt Rochester
DE • D
Sponsored 3/25/2025
Cory Booker
NJ • D
Sponsored 3/25/2025
Maria Cantwell
WA • D
Sponsored 3/25/2025
Christopher Coons
DE • D
Sponsored 3/25/2025
Catherine Cortez Masto
NV • D
Sponsored 3/25/2025
Tammy Duckworth
IL • D
Sponsored 3/25/2025
Richard Durbin
IL • D
Sponsored 3/25/2025
John Fetterman
PA • D
Sponsored 3/25/2025
Ruben Gallego
AZ • D
Sponsored 3/25/2025
Kirsten Gillibrand
NY • D
Sponsored 3/25/2025
Maggie Hassan
NH • D
Sponsored 3/25/2025
Martin Heinrich
NM • D
Sponsored 3/25/2025
John Hickenlooper
CO • D
Sponsored 3/25/2025
Mazie Hirono
HI • D
Sponsored 3/25/2025
Timothy Kaine
VA • D
Sponsored 3/25/2025
Mark Kelly
AZ • D
Sponsored 3/25/2025
Andy Kim
NJ • D
Sponsored 3/25/2025
Angus King
ME • I
Sponsored 3/25/2025
Amy Klobuchar
MN • D
Sponsored 3/25/2025
Sen. Luján, Ben Ray [D-NM]
NM • D
Sponsored 3/25/2025
Edward Markey
MA • D
Sponsored 3/25/2025
Jeff Merkley
OR • D
Sponsored 3/25/2025
Christopher Murphy
CT • D
Sponsored 3/25/2025
Jon Ossoff
GA • D
Sponsored 3/25/2025
Alex Padilla
CA • D
Sponsored 3/25/2025
Gary Peters
MI • D
Sponsored 3/25/2025
John Reed
RI • D
Sponsored 3/25/2025
Jacky Rosen
NV • D
Sponsored 3/25/2025
Brian Schatz
HI • D
Sponsored 3/25/2025
Adam Schiff
CA • D
Sponsored 3/25/2025
Charles Schumer
NY • D
Sponsored 3/25/2025
Jeanne Shaheen
NH • D
Sponsored 3/25/2025
Elissa Slotkin
MI • D
Sponsored 3/25/2025
Tina Smith
MN • D
Sponsored 3/25/2025
Chris Van Hollen
MD • D
Sponsored 3/25/2025
Mark Warner
VA • D
Sponsored 3/25/2025
Raphael Warnock
GA • D
Sponsored 3/25/2025
Elizabeth Warren
MA • D
Sponsored 3/25/2025
Peter Welch
VT • D
Sponsored 3/25/2025
Sheldon Whitehouse
RI • D
Sponsored 3/25/2025
Ron Wyden
OR • D
Sponsored 3/25/2025
Roll Call Votes
No roll call votes available for this bill.
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