To commemorate Equal Pay Day, Sen. Tom Harkin (D-Iowa) and Rep. Eleanor Holmes Norton (D-DC) reintroduced the Fair Pay Act (S. 904, H.R. 2151).  While full text versions of these bills are not yet available, they are believed to be substantially similar if not identical to the bills Harkin and Holmes Norton introduced during the last congressional session. Notably, this bill would amend the Fair Labor Standards Act (FLSA) by introducing the concept of equal pay for comparable – not equal – work. Specifically, the Fair Pay Act would make it unlawful to discriminate against employees:

on the basis of sex, race, or national origin by paying wages to employees in such establishment in a job that is dominated by employees of a particular sex, race, or national origin at a rate less than the rate at which the employer pays wages to employees in such establishment in another job that is dominated by employees of the opposite sex or of a different race or national origin, respectively, for work on equivalent jobs. (emphasis added)

Employers would be prohibited from reducing other employees’ wages in order to achieve pay equity. In addition, employers would be required to disclose job categories and pay scales as needed to enforce the law. The legislation further directs the Department of Labor (DOL) to establish “guidelines” for employers to use in setting compensation. The bill would, however, allow payment of different wages under a seniority system, merit system, or system that measures earnings by quantity or quality of production. Employees alleging violations of this act would be entitled to file a complaint with the Equal Employment Opportunity Commission (EEOC) or bring a civil action in court.

The House version of the Fair Pay Act has been referred to the House Committee on Education and Labor. The Senate companion bill has been referred to the Senate Committee on Health, Education, Labor, and Pensions.