? about Paycheck Fairness Act

[BamaFanLee]

I know the Paycheck Fairness Act was voted down. But when President Obama is re-elected and we get back control of both the House and the Senate, I expect this to come back up. In fact, I demand it.

But in all the reading I have done about this piece of legislation, I can't find where it goes both ways. I have a female manager. All the females make more than the males do in my department. I have been there longer than everyone else in that department, but yet every woman makes more than I do. Would the Paycheck Fairness Act cover me as well, if it gets passed down the road?

[pinboy3niner]

1. Cool story, bro

But I don't believe a word of it.

[BamaFanLee]

4. *shrug*

All I can do is tell the truth. I don't care if you believe it or not. What would have been helpful is an answer to my question.

I believe in fairness across the board. Males and females. White, Black, Hispanic, Asian. Gay and Straight. If people are doing the same job they should get the same pay. NO ONE should be discriminated against.

If you have a problem with that, pinboy, then I feel sorry for you.

[Igel]

6. Doesn't matter.

But all I've read about the senate bill S. 3220 is what little bit I've seen in a few news articles. Seldom are bills so narrowly directed. That amounts to one or two soundbites in order to score a political win.

Governing based on how many political points you can score isn't a wise practice.

I post the summary from Thomas below, if you're curious as to what the bill actually says and what likely implications are.

[FrodosPet]

3. I'm doing my part

Unfortunately, my part is to bring the male average income down, since I have zero ability to bring anyone else up.

[libtodeath]

5. Thanks for your concern.

[Igel]

7. Then you're not reading the one or two really useful things on the web.

I quote from the Library of Congress Thomas site, which is where they place the text of all bills in the House and the Senate, along with any amendments, updates as to any action taken, and a nifty fairly non-biased summary.

Can't post a link to the site I'm copying from since it's the result of a search, so here 's the link to the search page: http://thomas.loc.gov/home/LegislativeData.php?&n=BillText

S. 3220 is the Senate version of the bill in question. I'm boldfacing the answer to your question.
==========================================


SUMMARY AS OF:
5/22/2012--Introduced.

Paycheck Fairness Act - Amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for, enforcement of, and exceptions to prohibitions against sex discrimination in the payment of wages.

Revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. Limits such factors to bona fide factors, such as education, training, or experience.

States that the bona fide factor defense shall apply only if the employer demonstrates that such factor: (1) is not based upon or derived from a sex-based differential in compensation, (2) is job-related with respect to the position in question, and (3) is consistent with business necessity. Avers that such defense shall not apply where the employee demonstrates that: (1) an alternative employment practice exists that would serve the same business purpose without producing such differential, and (2) the employer has refused to adopt such alternative practice.

Revises the prohibition against employer retaliation for employee complaints. Prohibits retaliation for inquiring about, discussing, or disclosing the wages of the employee or another employee in response to a complaint or charge, or in furtherance of a sex discrimination investigation, proceeding, hearing, or action, or an investigation conducted by the employer.

Makes employers who violate sex discrimination prohibitions liable in a civil action for either compensatory or (except for the federal government) punitive damages.

States that any action brought to enforce the prohibition against sex discrimination may be maintained as a class action in which individuals may be joined as party plaintiffs without their written consent.

Authorizes the Secretary of Labor (Secretary) to seek additional compensatory or punitive damages in a sex discrimination action.

Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination.

Authorizes the Secretary to make grants to eligible entities for negotiation skills training programs for girls and women. Directs the Secretary and the Secretary of Education to issue regulations or policy guidance to integrate such training into certain programs under their Departments.

Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public regarding the means available to eliminate pay disparities between men and women.

Establishes the Secretary of Labor's 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.

Amends the Civil Rights Act of 1964 to require the EEOC to collect from employers pay information data regarding the sex, race, and national origin of employees for use in the enforcement of federal laws prohibiting pay discrimination.

Directs: (1) the Commissioner of Labor Statistics to continue to collect data on woman workers in the Current Employment Statistics survey, (2) the Office of Federal Contract Compliance Programs to use specified types of methods in investigating compensation discrimination and in enforcing pay equity, and (3) the Secretary to make accurate information on compensation discrimination readily available to the public.

Directs the Secretary and the Commissioner of the EEOC jointly to develop technical assistance material to assist small businesses to comply with the requirements of this Act.

======================

[BamaFanLee]

8. Thanks, Igel

Thanks, Igel. That was very helpful. Too bad politics got in the way of this law passing.