Paycheck Fairness Act
Sponsored By: Representative DeLauro
Introduced
Summary
Strengthening pay equity by expanding who is protected and limiting employers from using past pay, the Paycheck Fairness Act would tighten how pay differences are justified and increase enforcement and data collection.
Show full summary
- Workers and prospective employees would gain a ban on employer reliance on wage history and new nonretaliation protections for wage discussions. The bill lets a candidate voluntarily share prior pay only after a job offer and only to justify a higher wage.
- Employers would face new civil penalties for wage-history violations starting at $5,000 for a first offense and rising by $1,000 per subsequent offense to a $10,000 cap. Affected workers could recover damages up to $10,000 plus attorneys’ fees and injunctive relief where appropriate.
- Federal enforcement and oversight would increase. The EEOC and the Office of Federal Contract Compliance Programs would enforce the rules. The bill would create a National Equal Pay Enforcement Task Force and require expanded pay-data collection by EEOC, the Bureau of Labor Statistics, and OFCCP from federal contractors.
Provisions would take effect six months after enactment.
Bill Overview
Analyzed Economic Effects
6 provisions identified: 3 benefits, 0 costs, 3 mixed.
No salary history in hiring
If enacted, employers could not ask for or use your past pay to set your offer. After an offer with pay, you could share prior wages only to ask for more, and the employer could use it only to raise pay. Breaking the rule would bring civil penalties starting at $5,000 and up to $10,000. Affected workers could seek up to $10,000 in damages plus attorneys’ fees. Most parts would start 6 months after enactment.
Annual pay reporting by employers
If enacted, the EEOC would collect pay data each year by sex, race, and national origin. Reports could use pay ranges with counts and hours in each range. The EEOC would start within 24 months and release aggregated results every 18 months. The agency would consider employer burdens, size thresholds, and protect confidential details.
Stronger equal pay rights and remedies
If enacted, “sex” would include pregnancy, sexual orientation, gender identity, and sex characteristics. You could ask about or share pay without retaliation, and bosses could not make you sign pay-secrecy waivers. Employers could defend pay gaps only with job-related, business-need reasons that explain the whole gap, and workers could point to fairer alternatives. Employees could bring class actions, get compensatory damages, and seek punitive damages if the employer acted with malice or reckless indifference (not against the U.S.). Most parts would start 6 months after enactment.
More pay equity education, training, awards
If enacted, employers would have to post a notice about rights, both on-site and on internal sites. The Labor Department would publish plain-language pay discrimination info, run a National Equal Pay Task Force, and offer help for small employers. The Women’s Bureau would review research within 12 months and complete studies within 36 months. A yearly national award would highlight employers who advance pay equity. Grants could fund training on fair pay and negotiation practices.
New pay reporting for federal contractors
If enacted, many federal contractors would file pay and employment data by demographics each year. The Labor Department would select at least half of nonconstruction contractors to report, review the data, and target follow-up checks. The EEOC would lead equal-pay enforcement for most employers, while the Labor Department would handle enforcement for covered contractors. Most parts would take effect 6 months after enactment.
Technical repeal of an FLSA section
If enacted, the bill would remove Section 10 of the Fair Labor Standards Act. This is a technical change and would not by itself change most households’ rights or pay. Effects would depend on how agencies apply other parts of the bill. It would take effect 6 months after enactment.
Sponsors & CoSponsors
Sponsor
DeLauro
CT • D
Cosponsors
Figures
AL • D
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Sewell
AL • D
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Ansari
AZ • D
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Stanton
AZ • D
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Huffman
CA • D
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Thompson (CA)
CA • D
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Bera
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Matsui
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Garamendi
CA • D
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Harder (CA)
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DeSaulnier
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Pelosi
CA • D
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Simon
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Gray
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Swalwell
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Mullin
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Liccardo
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Khanna
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Lofgren
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Panetta
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Costa
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Hayes
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DC • D
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DE • D
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Roll Call Votes
No roll call votes available for this bill.
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