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119-hr-8663119th CongressWALLET

Fair Pay Act of 2026

Sponsored By: Representative Norton, Eleanor Holmes [D-DC-At Large]

Introduced

Summary

Prohibits pay discrimination in equivalent jobs based on sex, race, or national origin. This bill would add a new anti-discrimination rule to the Fair Labor Standards Act and strengthen enforcement, reporting, and education to close wage gaps.

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  • Workers: Workers would gain broader pay protections that cover "equivalent jobs" that are equal in skill, effort, responsibility, and working conditions. The bill adds anti-retaliation protections for opposing discrimination or discussing wages and allows compensatory and punitive damages.
  • Employers: Employers would need to preserve wage records and file wage-disclosure reports with the Equal Employment Opportunity Commission. Reporting is required for employers with 25 or more employees in the first two years or 15 or more in later years, and they may not lower others' pay to comply.
  • Enforcement and public transparency: The Equal Employment Opportunity Commission would write guidance on how to measure "job dominance", publish aggregated data, fund research, and provide technical assistance. Courts could award expert fees and class actions could be maintained under the Federal Rules.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Stronger enforcement and pay protections

If enacted, employees could recover compensatory damages and, when appropriate, punitive damages for pay discrimination. Courts would allow prevailing plaintiffs to recover expert fees in actions under the new rule and would allow class actions. The Secretary of Labor could seek extra compensatory or punitive damages and include them in settlements. Amounts withheld in violation would be treated as unpaid minimum wages or unpaid overtime. The bill would also bar retaliation for opposing violations or discussing wages. These changes would take effect one year after enactment.

Workers: ban on pay gaps

If enacted, the bill would prohibit employers from paying lower wages for equivalent jobs because of sex, race, or national origin. It would apply inside the same establishment. Employers could not reduce other workers' wages to comply. Employers could defend differences for seniority, merit, or production systems, or for a job-related factor that is reasonably applied. The EEOC would write rules to decide when a job is "dominated" by a group. This would take effect one year after enactment.

New employer pay reporting rules

If enacted, employers subject to the new pay rule would keep records on how wages are set and file an annual EEOC report. In years 1 and 2, employers with 25 or more employees on any date must file. After that, employers with 15 or more employees on any date in a year must file. Reports would show pay by job and list employees' sex, race, and national origin, but not individual names. Reports must follow EEOC forms and be signed by a principal officer. EEOC could publish grouped data and offer simpler forms for small employers. This would start one year after enactment.

EEOC pay equity research and help

If enacted, the EEOC would study pay gaps, publish findings, and run education programs to help employers and workers comply. The agency would provide technical assistance and sponsor state and community programs. The Secretary's biennial report to Congress would include a separate evaluation of the new rule. This would start one year after enactment.

Sponsors & CoSponsors

Sponsor

Norton, Eleanor Holmes [D-DC-At Large]

DC • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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