Core Provisions: This Act would amend the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on the basis of sex, race or national origin. The Act requires employers to provide equal pay for jobs that are comparable in skill, effort, responsibility and working conditions. It also prohibits companies from reducing other employees’ wages to achieve this pay equity. In addition, the Act mandates that employers disclose their job categories and pay scales to the public. Employers would still be able to differentiate in wage rates based on seniority systems, merit systems, and systems that measure earnings by quantity or quality of production. Aggrieved employees would have the choice of filing a charge with the EEOC or proceeding directly to federal court.  The bill would permit compensatory and punitive damages against non-government employers and allow plaintiffs to pursue Rule 23 class actions instead of the present opt-in collective action mechanism used for Equal Pay Act and FLSA actions.

Status: Sen. Harkin (D-IA) introduced S.904 on April 28, 2009 and it was referred to the Committee on Health, Education, Labor, and Pensions. Rep. Norton (D-DC) introduced H.R.2151 on April 28, 2009 and it was referred to the Committee on Education and Labor. Substantially similar legislation was introduced in the 110th Congress, but failed to make it out of committee.