The Act now proceeds to the Senate for consideration and voting
On March 27, 2019, the House of Representatives voted to pass the Paycheck Fairness Act. The Act amends and strengthens the existing Equal Pay Act which prohibits gender-based pay disparities unless there is (1) a seniority system, (2) a merit system, (3) a system which measures earnings by the quantity or quality of production, or (4) a differential based on any other factor other than sex.
The Paycheck Fairness Act further provides that the “bona fide factor” justifying gender-based pay disparities would only apply where “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 job in question; (3) is consistent with business necessity, and (4) accounts for the entire differential in compensation at issue.”
Where are You with Pay Equity?
Do any fall under any of these questions? Be prepared when the attorney general, OFCCP or EEOC come knocking.