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House and Senate Reconsider the Paycheck Fairness Act

OutSolve

If enacted, the Paycheck Fairness Bill will make significant changes to the Equal Pay Act

On February 13, 2019 the House Subcommittee on Civil Rights and Human Services and the Subcommittee on Workplace Protections held a hearing on the Paycheck Fairness Act (H.R. 7). If passed, the bill will amend the Equal Pay Act (EPA) to:

• Limit employer’s defenses against unequal pay claims and require employers to show the disparity was due to any bona fide factor other than sex.

• Prohibit an employer from seeking or relying on an applicant’s prior pay when making a job offer.

• Allow employees to inquire about and discuss wages without retaliation.

• Redefine the definition of ‘establishment’ to cover employees working in the same “county or similar subdivision of a State.”

• Expand class action rules and impose unlimited punitive and compensatory damages.

• Direct the EEOC to collect compensation and other employment-related data from employers.

• Require OFCCP to change its methodology regarding the identification of compensation discrimination and creates mandatory reporting requirements for government contractors. The statute would reinstate the pay grade methodology and eliminate the requirement that the OFCCP prove discrimination using the multiple regression analyses.

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