Paycheck Fairness Act
- Bill Number
- H.R. 17
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Labor and Employment
- Status
- Introduced
- Latest Action
- 2025-03-25: Referred to the Committee on Education and Workforce, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-05-13T08:06:41Z
AI-Generated Summary
Purpose of the Legislation
The Paycheck Fairness Act aims to strengthen protections against wage discrimination based on sex under the Fair Labor Standards Act of 1938 (FLSA), which sets minimum wage and overtime standards. It seeks to provide more effective remedies for victims, promote pay equity, and address systemic biases in compensation practices, including those affecting women, racial minorities, and LGBTQ+ individuals.
Key Provisions
- Expanded Definitions and Defenses:
- Broadens "sex" under FLSA to include pregnancy, childbirth, related medical conditions, sexual orientation (e.g., homosexuality, heterosexuality, bisexuality), gender identity (an individual's internal sense of gender, regardless of birth-assigned sex), and intersex traits (physical characteristics not fitting typical male/female definitions).
- Tightens the "bona fide factor" defense (an employer's justification for pay differences, like education or experience): It must be job-related, necessary for business, not derived from sex-based pay gaps, explain the full pay difference, and have no less discriminatory alternative available.
- Redefines "same establishment" for equal pay claims to include workplaces in the same county or similar local government area, allowing broader comparisons.
- Anti-Retaliation and Disclosure Protections:
- Prohibits employers from retaliating against employees who inquire about, discuss, or disclose wages (their own or others') to address potential discrimination.
- Bans requiring employees to sign agreements that prevent wage discussions, with limited exceptions for confidential job roles.
- Enhanced Penalties and Legal Remedies:
- Allows victims of sex-based wage discrimination to seek compensatory damages (to cover losses like back pay) and punitive damages (to punish malicious or reckless employer actions), plus attorney fees and expert witness costs.
- Permits class action lawsuits (group claims by multiple affected employees) specifically for equal pay violations under federal court rules.
- Strengthens government enforcement by the Equal Employment Opportunity Commission (EEOC, which handles workplace discrimination complaints) and Department of Labor (DOL, which oversees labor standards), including for federal contractors.
- Prohibitions on Salary History:
- Bans employers from asking about or relying on a job applicant's past wages when setting pay or deciding to hire, except in limited cases where the applicant voluntarily provides it after a job offer to negotiate higher pay.
- Imposes civil penalties up to $10,000 per violation and allows affected individuals to sue for damages and court orders to stop the practice.
- Training, Education, and Outreach:
- Requires EEOC and DOL's Office of Federal Contract Compliance Programs (OFCCP, which ensures equal opportunity for federal contractors) to train staff and others on wage discrimination.
- Funds grants for employer training on bias in salary negotiations and practices that perpetuate inequities (e.g., recruitment, promotions, performance reviews).
- Authorizes DOL and Department of Education to integrate negotiation skills training into existing workforce and education programs, targeting women and girls.
- Mandates DOL research on pay gaps, including for teens and underrepresented groups (e.g., women of color), with public reports and educational campaigns.
- Data Collection and Awards:
- Directs EEOC to annually collect employer data on pay, hiring, promotions, and terminations, broken down by sex, race, and national origin, from companies with 100+ employees (using pay ranges for privacy).
- Requires Bureau of Labor Statistics (BLS, which tracks employment data) to continue gathering women's wage info; OFCCP to collect similar data from half of non-construction federal contractors yearly.
- Establishes a National Award for Pay Equity, given annually by DOL and EEOC to employers showing strong efforts to eliminate pay gaps.
- Task Force and Implementation:
- Creates a National Equal Pay Enforcement Task Force with EEOC, Department of Justice, DOL, and Office of Personnel Management (which handles federal employee policies) to coordinate enforcement, education, and recommendations on pay equity.
- Authorizes funding for all provisions; requires employers to post notices about new rights; provides technical help for small businesses (those exempt from some FLSA rules, like those with low revenue or few employees).
- Takes effect 6 months after enactment; includes severability (if one part is struck down, the rest stands) and clarifies no impact on immigration laws.
Significant Changes to Existing Law
- FLSA Amendments: Updates equal pay rules (Section 6(d)) by narrowing defenses, expanding venue for claims, and adding retaliation protections—previously, pay discussions were riskier, and defenses were broader (e.g., any "factor other than sex").
- Civil Rights Act of 1964 Update: Adds mandatory pay data collection by EEOC, reviving and expanding efforts halted in 2017 (e.g., no prior requirement for annual, disaggregated pay reporting).
- New Standalone Provisions: Introduces salary history bans (not in prior federal law, though some states have similar rules) and a dedicated FLSA section on wage history; creates task force and award program absent before.
- Enforcement Shifts: Gives EEOC primary role in equal pay cases (previously more DOL-focused), with shared duties for federal contractors; allows punitive damages, which were unavailable under old FLSA equal pay remedies.
Potential Impacts
- On Government Agencies: Increases workload for EEOC, DOL, OFCCP, and BLS in enforcement, data analysis, training, and coordination; requires new regulations and public reporting, potentially improving targeted investigations but straining resources without full funding.
- On Citizens: Empowers workers, especially women and minorities, with stronger tools to challenge pay gaps (e.g., easier lawsuits, wage discussions), potentially narrowing the gender pay gap (currently about 16-20% overall); teens and job seekers gain from research and negotiation training, but small businesses may face compliance challenges.
- On International Relations: Minimal direct impact, though enhanced U.S. pay equity standards could influence global labor discussions or multinational companies' practices; no provisions address foreign entities.
Main Stakeholders Affected
- Employees and Job Seekers: Primarily women, racial/ethnic minorities, LGBTQ+ individuals, and young workers, who gain better protections against discrimination and tools for fair pay.
- Employers: Businesses with 100+ employees (private and federal contractors) face new data reporting, hiring restrictions, and liability risks; small businesses get exemptions and assistance to ease burdens.
- Labor Organizations and Advocacy Groups: Benefit from outreach, training grants, and awards to promote equity.
- Government Entities: EEOC, DOL (including OFCCP and Women's Bureau), BLS, and the new task force handle expanded roles in enforcement and education.
Notable Legal, Constitutional, or Political Implications
- Legal: Bolsters private lawsuits and government actions under FLSA and Civil Rights Act, potentially increasing litigation; salary history ban may face challenges as a limit on employer speech or contract freedom, but aligns with anti-discrimination precedents. Data collection raises privacy concerns, balanced by confidentiality rules.
- Constitutional: Could invite First Amendment scrutiny over wage discussion mandates or data mandates, but likely upheld as promoting equal protection (14th Amendment) and commerce regulation (FLSA's basis). No direct impact on federalism, though it expands federal oversight of state-level practices.
- Political: Advances gender and racial equity goals, building on 1963 Equal Pay Act; may polarize debates on business regulation vs. worker rights, with implications for future labor reforms. Neutral on partisanship, but co-sponsors are mostly Democrats, signaling progressive priorities.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. DeLauro, Rosa L. [D-CT-3]
Cosponsors (220)
Rep. Figures, Shomari [D-AL-2], Rep. Sewell, Terri A. [D-AL-7], Rep. Ansari, Yassamin [D-AZ-3], Rep. Stanton, Greg [D-AZ-4], Rep. Huffman, Jared [D-CA-2], Rep. Thompson, Mike [D-CA-4], Rep. Bera, Ami [D-CA-6], Rep. Matsui, Doris O. [D-CA-7], Rep. Garamendi, John [D-CA-8], Rep. Harder, Josh [D-CA-9], Rep. DeSaulnier, Mark [D-CA-10], Rep. Pelosi, Nancy [D-CA-11], Rep. Simon, Lateefah [D-CA-12], Rep. Gray, Adam [D-CA-13], Rep. Swalwell, Eric [D-CA-14], Rep. Mullin, Kevin [D-CA-15], Rep. Liccardo, Sam [D-CA-16], Rep. Khanna, Ro [D-CA-17], Rep. Lofgren, Zoe [D-CA-18], Rep. Panetta, Jimmy [D-CA-19], Rep. Costa, Jim [D-CA-21], Rep. Carbajal, Salud O. [D-CA-24], Rep. Ruiz, Raul [D-CA-25], Rep. Brownley, Julia [D-CA-26], Rep. Whitesides, George [D-CA-27], Rep. Chu, Judy [D-CA-28], Rep. Rivas, Luz [D-CA-29], Rep. Friedman, Laura [D-CA-30], Rep. Cisneros, Gilbert Ray, Jr. [D-CA-31], Rep. Sherman, Brad [D-CA-32], Rep. Aguilar, Pete [D-CA-33], Rep. Gomez, Jimmy [D-CA-34], Rep. Torres, Norma J. [D-CA-35], Rep. Lieu, Ted [D-CA-36], Rep. Kamlager-Dove, Sydney [D-CA-37], Rep. Sánchez, Linda T. [D-CA-38], Rep. Takano, Mark [D-CA-39], Rep. Garcia, Robert [D-CA-42], Rep. Waters, Maxine [D-CA-43], Rep. Barragán, Nanette Diaz [D-CA-44], Rep. Tran, Derek [D-CA-45], Rep. Correa, J. Luis [D-CA-46], Rep. Min, Dave [D-CA-47], Rep. Levin, Mike [D-CA-49], Rep. Peters, Scott H. [D-CA-50], Rep. Jacobs, Sara [D-CA-51], Rep. Vargas, Juan [D-CA-52], Rep. DeGette, Diana [D-CO-1], Rep. Neguse, Joe [D-CO-2], Rep. Crow, Jason [D-CO-6] and 170 more
Recent Actions
- 2025-03-25: Referred to the Committee on Education and Workforce, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-03-25: Referred to the Committee on Education and Workforce, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-03-25: Introduced in House
- 2025-03-25: Introduced in House
Bill Versions
- Paycheck Fairness Act — issued 2025-03-25 — PDF (29 pages)