H.R. 2151/S. 904:  The Fair Pay Act

Introduced    April 28, 2009

Sponsor        Rep. Eleanor Norton (D-DC) and Sen. Thomas Harkin (D-IA)

Summary

The Fair Pay Act attempts to remedy pay disparities in jobs predominantly held by workers of a particular gender, race, or national origin.  The bill would amend the Fair Labor Standards Act of 1938 to require employers to pay equal wages to employees in “equivalent jobs,” or jobs that require similar skills, effort, responsibilities, and working conditions.  Exemptions are included for differences in wages made pursuant to a seniority system, merit system, or a system that measures earnings by quantity or quality of production, or for any difference based on a bona fide factor other than sex, race, or national origin, so long as the employer can demonstrate that the factor is job-related or furthers a legitimate business purpose.  The bill would also require employers to publicly disclose job categories and their pay scales as needed to enforce the law, and workers alleging violations would have the option of filing a charge with the EEOC or bringing a civil action in federal court.

Current Status:  The House bill has been referred to the House Committee on Education and Labor.  The Senate bill has been referred to the Committee on Health, Education, Labor, and Pensions.