Federal - HR 7

A bill 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.

Introduced

January 28, 2021

Description

A bill 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.

Our Position

Support

Original Sponsor 1

Co-Sponsors 225

Latest Actions See More/Less

  • June 8, 2021Senate Vote 227 Sex-Based Pay Discrimination — Cloture
    Schumer, D-N.Y., motion to invoke cloture on the Schumer motion to proceed to the bill that would narrow the legal defense an employer may use in a lawsuit alleging pay discrimination on the basis of sex. Specifically, it would require employers to demonstrate that a difference in pay between employees is based on a business-related "bona fide factor other than sex, such as education, training, or experience" as opposed to being based on "any factor other than sex." Motion rejected 49-50. Note: Three-fifths of the total Senate (60) is required to invoke cloture on legislation. A "yea" was a vote in support of the president's position. Congressional Record p. S3981

  • May 28, 2021 — Schumer, D-N.Y., motion to invoke cloture (thus limiting debate) on the Schumer, D-N.Y. motion to proceed to the bill (60 votes required), pending at recess. (In the legislative day that began on Thursday, May 27, 2021.) Congressional Record p. S3928-S3929

  • May 28, 2021 — Schumer, D-N.Y., motion to proceed to the bill, pending at recess. (In the legislative day that began on Thursday, May 27, 2021.) Congressional Record p. S3928-S3929

  • April 22, 2021K. Brady, R-Texas, House speech: Personal explanation for roll call vote no.103, and would have voted nay if present. Congressional Record p. E446

  • April 22, 2021K. Brady, R-Texas, House speech: Personal explanation for roll call vote no.102, and would have voted nay if present. Congressional Record p. E446

  • April 20, 2021 — Placed on the Senate Legislative Calendar under the provisions of Rule XIV. Congressional Record p. S2046, S2062

  • April 19, 2021 — Received in the Senate and read the first time. Congressional Record p. S2011, S2041

  • April 16, 2021Huffman, D-Calif., House speech: Personal explanation for roll call vote no.108, and would have voted yea if present. Congressional Record p. E408

  • April 16, 2021Eshoo, D-Calif., House speech: Personal explanation for roll call vote no.106, and would have voted yea if present. Congressional Record p. E411

  • April 15, 2021Fitzpatrick, R-Pa., House speech: Personal explanation for roll call vote no.106, and would have voted yea if present. Congressional Record p. H1827

  • April 15, 2021Kahele, D-Hawaii, House speech: Personal explanation for roll call vote no.106, and would have voted yea if present. Congressional Record p. H1827

  • April 15, 2021Budd, R-N.C., House speech: Personal explanation for roll call vote no.102, and would have voted nay if present. Congressional Record p. E400

  • April 15, 2021House Vote 108 Sex-Based Pay Discrimination — Passage
    Passage of the bill that would narrow the legal defense an employer may use in a lawsuit alleging pay discrimination on the basis of sex. Specifically, it would require employers to demonstrate that a difference in pay between employees is based on a business-related "bona fide factor other than sex, such as education, training, or experience" as opposed to being based on "any factor other than sex." It would prohibit employers from retaliating against employees involved in lawsuits under fair labor standards law; prohibit employers from relying on a prospective employee's wage history for hiring or wage determinations; increase employers' liability for compensatory or punitive damages related to pay discrimination violations; and provide for automatic inclusion of all affected individuals in class action lawsuits related to pay discrimination. Among other provisions, the bill would authorize a new Labor Department grant program for public and private entities to carry out negotiation skills training programs to address pay disparities. It would establish an annual national award for an employer that made a "substantial effort to eliminate pay disparities between men and women." It would require the Labor Department to conduct a number of studies on sex-based pay disparities and require the Equal Employment Opportunity Commission to collect compensation data disaggregated by employees' sex, race and national origin. It would require the Labor Department and EEOC to provide technical assistance for small businesses to comply with the bill?s provisions. It would add a definition of "sex" with respect to federal fair labor standards law, which would include sexual orientation or gender identity. Passed 217-210. Note: A "yea" was a vote in support of the president's position. Pursuant to the provisions of H Res 8, members were able to vote remotely by proxy during the public health emergency period related to COVID-19. Congressional Record p. H1828

  • April 15, 2021House Vote 107 Sex-Based Pay Discrimination — Substitute Amendment
    Miller-Meeks, R-Iowa, for Stefanik, R-N.Y., substitute amendment no. 4 that would, among other provisions, provide a safe harbor such that employers would not be liable in legal action related to pay discrimination if the employer conducted a voluntary audit of its pay practices within the previous three years and took "reasonable steps" to correct any compensation disparities found by the audit that may have violated fair labor law. It would prohibit employers from requesting or relying on the wage history of a prospective employee for consideration of employment, unless a prospective employee voluntarily discloses such information. It would make it unlawful for employers to prohibit employees from inquiring about, discussing or disclosing wages but allow employers to limit the time, place and circumstances during which employees may do so. Rejected 183-244. Note: Pursuant to the provisions of H Res 8, members were able to vote remotely by proxy during the public health emergency period related to COVID-19. Congressional Record p. H1827-H1828

  • April 15, 2021House Vote 106 Sex-Based Pay Discrimination — En Bloc Amendments
    Scott, D-Va., en bloc amendments no. 1 that would modify a requirement for the Equal Employment Opportunity Commission to provide for annual collection of disaggregated compensation data from employers to make collecttion of additional employment data optional; require employers to inform employees of their rights under the bill's provisions through physical and electronic postings; direct the Labor secretary to establish a program to award contracts and grants for the purpose of training employers about the role that salary negotiation and other wage-setting practices can have on bias in compensation; require the Labor secretary to undertake research and commission additional studies on the gender wage gap among younger workers; and establish the National Equal Pay Enforcement Task Force to coordinate interagency efforts in enforcing equal pay laws. Adopted 216-207. Note: Pursuant to the provisions of H Res 8, members were able to vote remotely by proxy during the public health emergency period related to COVID-19. Congressional Record p. H1826-H1827

  • April 15, 2021 — Considered by the House. Congressional Record p. H1799-H1825

  • April 14, 2021 — House rule, H Res 303, agreed to by roll call vote, 217-207. Congressional Record p. H1785

  • April 13, 2021 — Rules Committee resolution, H Res 303, reported to the House as a rule for HR 7.

  • April 13, 2021Statement of Administration Policy issued by Office of Management and Budget.

  • April 13, 2021 — House Rules Committee granted a structured rule providing for consideration of the bill. Congressional Record p. H1734

  • April 13, 2021 — Full committee proceeding held by the House Rules Committee.

  • April 5, 2021 — Reported to the House amended by the House Education and Labor Committee and placed on the Union Calendar. H Rept 117-13Congressional Record p. H1712

  • March 24, 2021 — Full committee consideration and markup held by the House Education and Labor Committee.

    March 24, 2021 — Committee Vote: Gender-Based Wage Discrimination — Republican Substitute
      Stefanik, R-N.Y. —

    Amendment to the Bonamici, D-Ore., substitute amendment that would absolve employers from legal liability related to pay discrimination if the employer conducted a voluntary audit of its pay practices up to three years before the legal action and took steps to correct any compensation disparities that may have violated current law.

    It also would exclude employers from the prohibition on requesting or relying on the wage history of a prospective employee for consideration of employment, as included in the bill, when a prospective employee voluntarily discloses wage history.

    It also would allow employers to limit the time, place and circumstances during which employees may discuss their compensation without the possibility of facing retaliation.

    Rejected 19-28.

    March 24, 2021 — Committee Vote: Gender-Based Wage Discrimination — Substitute Amendment
      Bonamici, D-Ore. —

    Substitute amendment that would modify the bill's definition of sex and extend the proposed protections to include discrimination on the basis of sex stereotypes, pregnancy and childbirth, sexual orientation, sex characteristics and gender identity.

    The amendment also would strike the findings section of the bill.

    Adopted by voice vote.

    March 24, 2021 — Committee Vote: Gender-Based Wage Discrimination — Vote to Report

    Amend federal labor law to provide remedies for the victims of wage discrimination on the basis of sex.

    The bill would narrow the definition of a permissible payment differential in the workplace, changing it from any factor other than sex to a bona fide factor other than sex, such as education, training or experience.

    It would expand the types of activities protected under the non-retaliation provision.

    It would make employers who violate the provisions of the Fair Labor Standards Act liable for compensatory or punitive damages as well as unpaid wages and compensation. The bill would authorize the Labor secretary to supervise the payment of such damages.

    It would establish the Labor secretary's National Award for Pay Equity in the Workplace to reward an employer annually for proactively addressing gender pay discrimination.

    It would ban employers from relying on wage histories of prospective employees in considering their candidacies or in determining their wages.

    It also would require employers to report compensation data, along with hiring, termination and promotion data disaggregated by sex, race and ethnic identity to the Equal Employment Opportunity Commission.

    The bill also would require the EEOC and the Office of Federal Contract Compliance Programs to provide training to employees on matters involving wage discrimination.

    It also would authorize the Labor secretary, in consultation with the Education secretary, to develop a grant program for training women and girls in negotiation skills. Under the bill, grants are available to public agencies, educational agencies and private nonprofit organizations.

    The bill also would require the Labor secretary to research means of eliminating pay disparities between men and women.

    It also would require the Bureau of Labor Statistics to collect data on women workers in the Current Employment Statistics Survey. It also would require the director of the Office of Federal Contract Compliance Programs to fully investigate possible compensation discrimination. It also would require the Labor secretary to publish information regarding compensation discrimination.

    The bill would take effect six months after its enactment. It would specify that small businesses that are exempt from some requirements of the Fair Labor Standards Act also would be exempt from the bill's provisions.

    As amended, the bill also would extend protections to individuals experiencing wage discrimination on the basis of sexual orientation or gender identity.

    Ordered reported favorably to the full House (as amended) 25-22.
  • Feb. 23, 2021 — Additional cosponsor(s): 1

    Van Drew, (R-N.J.)
  • Feb. 3, 2021 — Companion measure, S 205, introduced by Sen. Patty Murray (D-Wash.).

  • Jan. 28, 2021 — Original cosponsor(s): 224

    Adams, (D-N.C.)Green, A. (D-Texas)Panetta, (D-Calif.)
    Aguilar, (D-Calif.)Grijalva, (D-Ariz.)Pappas, (D-N.H.)
    Allred, (D-Texas)Harder, (D-Calif.)Pascrell (D-N.J.)
    Auchincloss, (D-Mass.)Hastings, (D-Fla.)Payne (D-N.J.)
    Axne, (D-Iowa)Hayes, (D-Conn.)Pelosi, (D-Calif.)
    Barragan, (D-Calif.)Higgins, B. (D-N.Y.)Perlmutter, (D-Colo.)
    Bass, (D-Calif.)Himes, (D-Conn.)Peters, S. (D-Calif.)
    Beatty, (D-Ohio)Horsford, (D-Nev.)Phillips, (D-Minn.)
    Bera, (D-Calif.)Houlahan, (D-Pa.)Pingree, (D-Maine)
    Beyer (D-Va.)Hoyer, (D-Md.)Plaskett, (D-V.I.)
    Bishop, S. (D-Ga.)Huffman, (D-Calif.)Pocan, (D-Wis.)
    Blumenauer, (D-Ore.)Jackson Lee, (D-Texas)Porter, (D-Calif.)
    Blunt Rochester, (D-Del.)Jacobs, (D-Calif.)Pressley, (D-Mass.)
    Bonamici, (D-Ore.)Jayapal, (D-Wash.)Price, (D-N.C.)
    Bowman, (D-N.Y.)Jeffries, (D-N.Y.)Quigley, (D-Ill.)
    Boyle, (D-Pa.)Johnson, E.B. (D-Texas)Raskin, (D-Md.)
    Brown, A. (D-Md.)Johnson, H. (D-Ga.)Rice, K. (D-N.Y.)
    Brownley, (D-Calif.)Jones, (D-N.Y.)Ross, (D-N.C.)
    Bush, (D-Mo.)Kahele, (D-Hawaii)Roybal-Allard, (D-Calif.)
    Bustos, (D-Ill.)Kaptur, (D-Ohio)Ruiz, (D-Calif.)
    Butterfield, (D-N.C.)Keating, (D-Mass.)Ruppersberger, (D-Md.)
    Bourdeaux, (D-Ga.)Kelly, R. (D-Ill.)Rush, (D-Ill.)
    Carbajal, (D-Calif.)Khanna, (D-Calif.)Ryan, T. (D-Ohio)
    Cardenas, (D-Calif.)Kildee, (D-Mich.)Sablan, (I-N. Marianas)
    Carson, (D-Ind.)Kilmer, (D-Wash.)San Nicolas, (D-Guam)
    Cartwright, (D-Pa.)Kim, (D-N.J.)Sanchez, (D-Calif.)
    Case, (D-Hawaii)Kind, (D-Wis.)Sarbanes, (D-Md.)
    Casten, (D-Ill.)Kirkpatrick, (D-Ariz.)Scanlon, (D-Pa.)
    Castor, (D-Fla.)Krishnamoorthi, (D-Ill.)Schakowsky, (D-Ill.)
    Castro, (D-Texas)Kuster, (D-N.H.)Schiff, (D-Calif.)
    Chu, (D-Calif.)Lamb, (D-Pa.)Schneider, (D-Ill.)
    Cicilline, (D-R.I.)Langevin, (D-R.I.)Schrader, (D-Ore.)
    Clarke, Y. (D-N.Y.)Larsen, R. (D-Wash.)Schrier, (D-Wash.)
    Clark, K. (D-Mass.)Larson, J. (D-Conn.)Scott, D. (D-Ga.)
    Cleaver (D-Mo.)Lawrence, (D-Mich.)Scott, R. (D-Va.)
    Clyburn, (D-S.C.)Lawson, (D-Fla.)Sewell, (D-Ala.)
    Cohen, (D-Tenn.)Lee, B. (D-Calif.)Sherman, (D-Calif.)
    Connolly, (D-Va.)Lee, (D-Nev.)Sherrill, (D-N.J.)
    Cooper, (D-Tenn.)Leger Fernandez, (D-N.M.)Sires, (D-N.J.)
    Correa, (D-Calif.)Levin, (D-Mich.)Slotkin, (D-Mich.)
    Costa, (D-Calif.)Levin, (D-Calif.)Smith, Adam (D-Wash.)
    Courtney, (D-Conn.)Lieu, (D-Calif.)Smith, C. (R-N.J.)
    Craig, (D-Minn.)Lofgren, (D-Calif.)Soto, (D-Fla.)
    Crist, (D-Fla.)Lowenthal, (D-Calif.)Spanberger, (D-Va.)
    Crow, (D-Colo.)Luria, (D-Va.)Speier, (D-Calif.)
    Cuellar, (D-Texas)Lynch, (D-Mass.)Stanton, (D-Ariz.)
    Davids, (D-Kan.)Malinowski, (D-N.J.)Stevens, (D-Mich.)
    Davis, D. (D-Ill.)Maloney, C. (D-N.Y.)Strickland, (D-Wash.)
    Dean, (D-Pa.)Maloney, S.P. (D-N.Y.)Suozzi, (D-N.Y.)
    DeFazio, (D-Ore.)Manning, (D-N.C.)Swalwell, (D-Calif.)
    DeGette, (D-Colo.)Matsui, (D-Calif.)Takano, (D-Calif.)
    DelBene, (D-Wash.)McBath, (D-Ga.)Thompson, B. (D-Miss.)
    Delgado, (D-N.Y.)McCollum, (D-Minn.)Thompson, M. (D-Calif.)
    Demings, (D-Fla.)McEachin, (D-Va.)Titus, (D-Nev.)
    DeSaulnier, (D-Calif.)McGovern, (D-Mass.)Tlaib, (D-Mich.)
    Deutch, (D-Fla.)McNerney, (D-Calif.)Tonko, (D-N.Y.)
    Dingell, (D-Mich.)Meeks, (D-N.Y.)Torres, (D-Calif.)
    Doggett, (D-Texas)Meng, (D-N.Y.)Torres, (D-N.Y.)
    Doyle, (D-Pa.)Mfume, (D-Md.)Trahan, (D-Mass.)
    Escobar, (D-Texas)Moore, (D-Wis.)Trone, (D-Md.)
    Eshoo, (D-Calif.)Morelle, (D-N.Y.)Underwood, (D-Ill.)
    Espaillat, (D-N.Y.)Moulton, (D-Mass.)Vargas, (D-Calif.)
    Evans, (D-Pa.)Mrvan, (D-Ind.)Veasey, (D-Texas)
    Fletcher, (D-Texas)Murphy, S. (D-Fla.)Vela, (D-Texas)
    Foster, (D-Ill.)Nadler, (D-N.Y.)Velazquez, (D-N.Y.)
    Frankel, (D-Fla.)Napolitano, (D-Calif.)Wasserman Schultz, (D-Fla.)
    Fitzpatrick, (R-Pa.)Neal, (D-Mass.)Waters, Maxine (D-Calif.)
    Gallego, (D-Ariz.)Neguse, (D-Colo.)Watson Coleman, (D-N.J.)
    Garamendi, (D-Calif.)Newman, (D-Ill.)Welch, (D-Vt.)
    Garcia, (D-Ill.)Norcross, (D-N.J.)Wexton, (D-Va.)
    Garcia, (D-Texas)Norton, (D-D.C.)Wild, (D-Pa.)
    Golden, (D-Maine)O'Halleran, (D-Ariz.)Williams, (D-Ga.)
    Gomez, (D-Calif.)Ocasio-Cortez, (D-N.Y.)Wilson, F. (D-Fla.)
    Gonzalez, (D-Texas)Omar, (D-Minn.)Yarmuth, (D-Ky.)
    Gottheimer, (D-N.J.)Pallone (D-N.J.)
  • Jan. 28, 2021 — Read twice and referred to: House Education and Labor.Congressional Record p. H240