{"format":1,"id":"117-hr-7","congress":117,"number":"H.R. 7","kind":"bill","group":"bills","title":"Paycheck Fairness Act","title_source":"Short Title(s) as Passed House","official_title":"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.","titles":[{"type":"Official Title as Introduced","title":"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."},{"type":"Short Title(s) from PCS (Placed on Senate Calendar) bill text","title":"Paycheck Fairness Act"},{"type":"Display Title","title":"Paycheck Fairness Act"},{"type":"Short Title(s) as Introduced","title":"Paycheck Fairness Act"},{"type":"Short Title(s) as Passed House","title":"Paycheck Fairness Act"},{"type":"Short Title(s) as Reported to House","title":"Paycheck Fairness Act"}],"outcome":"passed_house","law_number":null,"introduced":"2021-01-28","chambers":{"house":{"status":"roll_call","date":"2021-04-15","vote":{"id":"117-2021-h108","question":"On Passage","title":"Paycheck Fairness Act","result":"Passed","yea":217,"nay":210,"present":0,"not_voting":2,"source":"https://clerk.house.gov/evs/2021/roll108.xml"}},"senate":{"status":"na","date":null,"vote":null}},"president":{"status":"na","date":null},"vice_president_tie_breaker":null,"latest_action":{"text":"Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 49 - 50. Record Vote Number: 227. (CR S3981)","date":"2021-06-08"},"nominees":null,"amendments":[{"number":"H.Amdt. 37","sponsor":"Rep. Scott, Robert C. \"Bobby\" [D-VA-3]","purpose":"Amendments en bloc comprised of amendments numbered 1, 2, 3, 5, and 6, printed in Part B of House Report 117-15.","result":"Agreed to","date":"2021-04-15","yea":216,"nay":207,"present":0,"not_voting":6,"source":"https://clerk.house.gov/evs/2021/roll106.xml"},{"number":"H.Amdt. 38","sponsor":"Rep. Miller-Meeks, Mariannette [R-IA-2]","purpose":"Amendment sought to provide a safe harbor for employers who conduct self-audits to identify and rectify potentially unlawful pay disparities and allow for reasonable employer defenses against trial lawyer abuses.","result":"Failed","date":"2021-04-15","yea":183,"nay":244,"present":0,"not_voting":2,"source":"https://clerk.house.gov/evs/2021/roll107.xml"}],"other_votes":[{"chamber":"house","date":"2021-04-15","question":"On Agreeing to the Amendment","title":"","result":"Agreed to","yea":216,"nay":207,"present":0,"not_voting":6,"kind":"amendment","source":"https://clerk.house.gov/evs/2021/roll106.xml"},{"chamber":"house","date":"2021-04-15","question":"On Agreeing to the Amendment","title":"","result":"Failed","yea":183,"nay":244,"present":0,"not_voting":2,"kind":"amendment","source":"https://clerk.house.gov/evs/2021/roll107.xml"},{"chamber":"senate","date":"2021-06-08","question":"On Cloture on the Motion to Proceed","title":"Motion to Invoke Cloture Re: Motion to Proceed to H.R. 7","result":"Cloture on the Motion to Proceed Rejected","yea":49,"nay":50,"present":0,"not_voting":1,"kind":"procedural","source":"https://www.senate.gov/legislative/LIS/roll_call_votes/vote1171/vote_117_1_00227.xml"}],"crs_summary":{"date":"2021-04-15","stage":"Passed House","blocks":[{"k":"h","t":"Paycheck Fairness Act"},{"k":"p","t":"This bill addresses wage discrimination on the basis of sex, which is defined to include pregnancy, sexual orientation, gender identity, and sex characteristics."},{"k":"p","t":"Specifically, it limits an employer's defense that a pay differential is based on a factor other than sex to only bona fide job-related factors in wage discrimination claims, enhances nonretaliation prohibitions, and makes it unlawful to require an employee to sign a contract or waiver prohibiting the employee from disclosing information about the employee's wages. The bill also increases civil penalties for violations of equal pay provisions."},{"k":"p","t":"Additionally, the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs must train EEOC employees and other affected parties on wage discrimination."},{"k":"p","t":"The bill directs the Department of Labor to (1) establish and carry out a grant program to provide training in negotiation skills related to compensation and equitable working conditions, (2) conduct studies to eliminate pay disparities between men and women, and (3) make available information on wage discrimination to assist the public in understanding and addressing such discrimination."},{"k":"p","t":"The bill establishes the National Award for Pay Equity in the Workplace for an employer who has made a substantial effort to eliminate pay disparities between men and women. It also establishes the National Equal Pay Enforcement Task Force to address compliance, public education, and enforcement of equal pay laws."},{"k":"p","t":"Finally, the bill requires the EEOC to issue regulations for collecting from employers compensation and other employment data according to the sex, race, and national origin of employees for use in enforcing laws prohibiting pay discrimination."}],"words":263},"summary":{"main_subject":{"text":"Amends the Fair Labor Standards Act of 1938 to change the equal pay requirements and the remedies for sex-based wage discrimination, and adds related pay data collection, wage history limits, training, research and enforcement coordination.","cites":[{"label":"Sec. 2","href":"https://www.congress.gov/bill/117th-congress/house-bill/7/text/eh#H90415A547C3D47D3ABA61EA5D8332375"},{"label":"Sec. 7","href":"https://www.congress.gov/bill/117th-congress/house-bill/7/text/eh#H9E18B23C4EC74BBAA4D7AA7D6EDDD69E"},{"label":"Sec. 9","href":"https://www.congress.gov/bill/117th-congress/house-bill/7/text/eh#H9ED9B8FD09264F57ADAB38895B18397B"}]},"core_areas":["Equal pay defenses and the same-establishment standard under the Fair Labor Standards Act","Retaliation and wage disclosure protections","Damages and class actions for equal pay violations","EEOC collection of pay data by sex, race, and national origin","Limits on employers' use of prospective employees' wage history","Negotiation skills training and pay equity research","Enforcement coordination among federal agencies"],"what_it_does":[{"text":"Limits the pay-differential defense in section 6(d)(1) of the Fair Labor Standards Act to a bona fide factor other than sex, and requires the employer to demonstrate the factor is job-related, consistent with business necessity, and accounts for the entire differential.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/117th-congress/house-bill/7/text/eh#H90415A547C3D47D3ABA61EA5D8332375"}},{"text":"Makes it unlawful to retaliate against an employee for inquiring about, discussing, or disclosing wages, and to require an employee to sign a contract or waiver prohibiting disclosure of the employee's wage information.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/117th-congress/house-bill/7/text/eh#H90415A547C3D47D3ABA61EA5D8332375"}},{"text":"Makes an employer that violates section 6(d) liable for compensatory damages, and for punitive damages where the employee demonstrates malice or reckless indifference, and allows actions to enforce section 6(d) to be maintained as class actions.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/117th-congress/house-bill/7/text/eh#H90415A547C3D47D3ABA61EA5D8332375"}},{"text":"Requires the Equal Employment Opportunity Commission, within 24 months of enactment, to provide for annual collection of compensation data disaggregated by sex, race, and national origin from private employers with 100 or more employees and others it determines appropriate.","cite":{"label":"Sec. 7","href":"https://www.congress.gov/bill/117th-congress/house-bill/7/text/eh#H9E18B23C4EC74BBAA4D7AA7D6EDDD69E"}},{"text":"Makes it an unlawful practice for an employer to rely on or seek a prospective employee's wage history, with stated exceptions, and sets a civil penalty of $5,000 for a first offense, increased by $1,000 for each subsequent offense, not to exceed $10,000.","cite":{"label":"Sec. 9","href":"https://www.congress.gov/bill/117th-congress/house-bill/7/text/eh#H9ED9B8FD09264F57ADAB38895B18397B"}},{"text":"Directs the Secretary of Labor to establish a program of contracts and grants to train employers on how salary negotiation can allow bias in compensation, and authorizes competitive grants for negotiation skills training to address pay disparities.","cite":{"label":"Sec. 4","href":"https://www.congress.gov/bill/117th-congress/house-bill/7/text/eh#HAA4F945662EA425789115805047752A3"}}],"unexpected":[{"category":"off_subject","items":[{"cite":{"label":"Sec. 14","href":"https://www.congress.gov/bill/117th-congress/house-bill/7/text/eh#H1956BA510B8A4BFFAB7F143527CEC5D1"},"heading":"Rule of construction","effect":"States that the Act and its amendments do not affect the obligation of employers and employees to comply with applicable immigration laws, including penalties, fines, or other sanctions.","amount":null,"quote":"shall affect the obligation of employers and employees to fully comply with all applicable immigration laws, including being subject to any penalties, fines, or other sanctions"}]},{"category":"selective_carve_out","items":[{"cite":{"label":"Sec. 12","href":"https://www.congress.gov/bill/117th-congress/house-bill/7/text/eh#HCC59393F0A3E433C9440B5E85E894DEB"},"heading":"Small business assistance","effect":"Exempts a small enterprise from the Act and its amendments to the same extent it is exempt from Fair Labor Standards Act requirements under section 3(s)(1)(A)(i) and (ii).","amount":null,"quote":"A small enterprise shall be exempt from the provisions of this Act, and the amendments made by this Act, to the same extent that such enterprise is exempt"},{"cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/117th-congress/house-bill/7/text/eh#H90415A547C3D47D3ABA61EA5D8332375"},"heading":"Enhanced enforcement of equal pay requirements","effect":"Within the wage-disclosure protection, it makes an exception for employees whose essential job functions give them access to other employees' wage information, who disclose those wages to people without access, unless the disclosure responds to a complaint or furthers an investigation or action.","amount":null,"quote":"Subsection (a)(3)(C) shall not apply to instances in which an employee who has access to the wage information of other employees as a part of such employee’s essential job functions discloses the wages"}]}],"version":{"type":"Engrossed in House","date":"2021-04-15","rule":"passed","href":"https://www.congress.gov/bill/117th-congress/house-bill/7/text/eh"},"current":true,"model":"claude-sonnet-5-5","approved":"2026-10-15","approved_by":"checks"},"sources":{"congress_gov":"https://www.congress.gov/bill/117th-congress/house-bill/7","text":"https://www.congress.gov/bill/117th-congress/house-bill/7/text"},"card":{"image":"card/item/117-hr-7.png","v":"f02e0aee4f13","alt":"Votes on Record. H.R. 7, 117th Congress: Paycheck Fairness Act. House: 217 Yea, 210 Nay. Outcome: Passed House, 15 Apr 2021."}}