Current legislation

The National Committee on Pay Equity supports two bills in Congress aimed at curbing wage discrimination. The bills work on different aspects of wage discrimination, and both are needed to fully close the wage gap.

The Fair Pay Act (S. 904, H.R. 2151) is sponsored by Senator Tom Harkin (D-IA) and Delegate Eleanor Holmes Norton (D-DC). It seeks to end wage discrimination against those who work in female-dominated or minority-dominated jobs by establishing equal pay for equivalent work. For example, within individual companies, employers could not pay jobs that are held predominately by women less than jobs held predominately by men if those jobs are equivalent in value to the employer. The bill also protects workers on the basis of race or national origin. The Fair Pay Act makes exceptions for different wage rates based on seniority, merit, or quantity or quality of work. It also contains a small business exemption.

The Paycheck Fairness Act (H.R.12 and S.182) was introduced January 2009 by then-Senator Hillary Clinton and Rep. Rosa DeLauro to strengthen the Equal Pay Act of 1963. The bill expands damages under the Equal Pay Act and amends its very broad fourth affirmative defense. In addition, the Paycheck Fairness Act calls for a study of data collected by the EEOC and proposes voluntary guidelines to show employers how to evaluate jobs with the goal of eliminating unfair disparities. The bill was passed by the House of Representatives on January 9, 2009, ADD and action by the Senate is pending, under the lead sponsorship of Sen. Christopher Dodd.

Paycheck Fairness Act Fact Sheet (pdf)

Legislative Remedies to the Wage Gap (pdf)