Fair Pay: In Congress

Unfortunately, the way courts have interpreted Title VII and the Equal Pay Act is insufficient to remedy persistent wage disparities and demonstrates the need for stronger laws to ensure that women are paid equal wages for equal work.

Pending Legislation

Paycheck Fairness Act, H.R. 12, S. 182 (111th Congress)

The Paycheck Fairness Act, introduced in both the House (H.R. 12) and the Senate (S. 182) and passed by the House on Jan. 9, 2009, would update and strengthen the Equal Pay Act (EPA) of 1963. The Act would deter wage discrimination by closing loopholes in the EPA and barring retaliation against workers who disclose their wages. The bill also allows women to receive the same remedies for sex-based pay discrimination that are currently available to those subject to discrimination based on race and national origin. Learn more about the Paycheck Fairness Act.

Fair Pay Act, S. 904 (111th Congress)

The Fair Pay Act, introduced in the Senate by Sen. Tom Harkin, D-Iowa, on April 28, 2009, would address the problem of lower wages in female-dominated fields by requiring equal pay between comparable jobs that are segregated on the basis of sex or race. Learn more about the Fair Pay Act.

Equal Remedies Act

The Equal Remedies Act has not yet been reintroduced in the 111th Congress; in the 110th Congress, it was S. 1928. It would allow women to receive compensatory and punitive damages without the artificial limits set under current law, enabling those subject to discrimination to be fully compensated for the injury that they suffer as a result and ensuring that the law operates as an adequate deterrent for employers to engage in discrimination.

Existing Laws

Lilly Ledbetter Fair Pay Act

The Lilly Ledbetter Fair Pay Act reversed the damaging Supreme Court decision in Ledbetter v. Goodyear Tire & Rubber Co. and helps to ensure that individuals subjected to unlawful pay discrimination are able to effectively assert their rights under the federal anti-discrimination laws. Learn more about Ledbetter v. Goodyear Tire & Rubber Co. and the current law established by the passage of the Lilly Ledbetter Fair Pay Act.

Equal Pay Act

In 1963, President Kennedy signed the Equal Pay Act (EPA) into law, making it illegal for employers to pay unequal wages to men and women who perform substantially equal work. At the time of the EPA’s passage, women earned only 59 cents for every dollar earned by men. But although enforcement of the EPA as well as other civil rights laws has helped to narrow the wage gap, significant disparities remain and must be addressed. As part of an effort to update and strengthen the EPA, Representative Rosa DeLauro and Senator Hillary Clinton have introduced the Paycheck Fairness Act in prior Congresses. The bill passed the House of Representatives in January 2009, and is now before the Senate. For more information about this bill, check out NWLC’s fact sheet.

Title VII of the Civil Rights Act

Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the bases of sex, race, color, religion, and national origin. Title VII covers all employment actions, including hiring, promotion, and termination, as well as all of the terms and conditions of employment. Learn more about Title VII.

Age Discrimination in Employment Act (ADEA)

In an effort to counter the disadvantages many older workers face in the workplace, Congress passed the Age Discrimination in Employment Act in 1967. The ADEA makes it illegal for employers with more than 20 employees to discriminate against individuals over the age of 40. As a part of this legislation, employers are prohibited from paying lower wages to employees because of their age.

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act, signed into law in 1990, makes it illegal for employers to discriminate against individuals with disabilities. The prohibitions of the ADA cover discrimination in all aspects of employment, including compensation, hiring, firing, advancement, and other terms and conditions of employment.