H.R. 1338 would 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.
Detailed Summary
Paycheck Fairness Act - (Sec. 3) Amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for, enforcement of, and exceptions to prohibitions against sex discrimination in the payment of wages.
Revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. Limits such factors to bona fide factors, such as education, training, or experience.
States that the bona fide factor defense shall apply only if the employer demonstrates that such factor: (1) is not based upon or derived from a sex-based differential in compensation; (2) is job-related with respect to the position in question; and (3) is consistent with business necessity. Avers that such defense shall not apply where the employee demonstrates that: (1) an alternative employment practice exists that would serve the same business purpose without producing such differential; and (2) the employer has refused to adopt such alternative practice.
Revises the prohibition against employer retaliation for employee complaints. Prohibits retaliation for inquiring about, discussing, or disclosing the wages of the employee or another employee in response to a complaint or charge, or in furtherance of a sex discrimination investigation, proceeding, hearing, or action, or an investigation conducted by the employer.
Makes employers who violate sex discrimination prohibitions liable in a civil action for either compensatory or (except for the federal government) punitive damages.
States that any action brought to enforce the prohibition against sex discrimination may be maintained as a class action in which individuals may be joined as party plaintiffs without their written consent.
Authorizes the Secretary of Labor (Secretary) to seek additional compensatory or punitive damages in a sex discrimination action.
Status of the Legislation
Latest Major Action: 8/1/2008: Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Points in Favor
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Points Against
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Visitor Comments
Martin
July 31, 2008, 11:05am (report abuse)First of all, why would anybody work for a company where they are being discriminated against because of their sex? Second, where's the proof that all of these people are being discriminated against based solely on their sex? You couldn't convince me that any two employees have the same experience, same knowledge, same education, same work ethic, and same communication skills. If two people are making different wages there's probably a non-gender-related factor involved.
Elisabeth
October 13, 2008, 2:47pm (report abuse)The reason this bill is being pushed is because discrimination has been institutionalized. Allocative discrimination, when a woman gets paid less than a man despite the same level of experience, knowledge, education, work ethic, and communication skills, the kind Martin brings up, happens every day. However, even more dangerous for the unsuspecting female workforce is valuative discrimination. Where traditionally female roles are paid less just because they are traditionally female. The system is flawed, not the workers.
The wage gap does exist; women, due to the way society is set up and gender roles perpetuated, always get the short end of the stick.
It is true that under the Equal Pay Act and Title VII substantial progress has been made. Still, this is no reason to discount the fact that women are still being discredited by our society. No matter the race, even when you hold variables like education, skill, work ethic, etc. constant -- WOMEN MAKE LESS.
ribkaw
January 5, 2009, 11:03am (report abuse)Kudos Elisabeth and Shame on U Martin. Women are discriminated daily in the workplace ranging from sexual harrassment to pay discrimination. What country is Martin living in. In many instances, American women face the same rights violations as our counterparts in the Muslim world. The difference? It more subtle. WOMEN MUST UNITE GLOBALLY.
ChuckL
January 5, 2009, 12:07pm (report abuse)This can only work when the job is actually exactly the same. Where lifting is concerned, the weights must be the same, and no retaliation may be taken against a male weight lifter who refuses to lift more weight than a 95 pound woman.
There is a difference and this difference must be considered.
Danny
January 6, 2009, 9:15am (report abuse)It should also be considered whether or not an employee who has a choice between a male and a female(who may get pregnant and leave), will give the male more consideration if he is forced to pay them equally. This law could have an adverse effect on the hiring of women.
Jane
January 6, 2009, 10:55am (report abuse)Peace Corps Volunteers are federal employees.