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Paycheck Fairness Act Update in H.R.7 116th-Congress: How would that affect you?
03/04/2019 116th Congress Anita W
keywords: genderpaygap

The Fair Labor Standards Act of 1938 requires an update. The Paycheck Fairness Act Update in the bill,  H.R.7 116th-Congress, is a long time coming. The newly updated legislation, introduced on January 29, 2019, went to the House's floor during the 1st session of the 116th Congress.

The Original Paycheck Fairness Act & Proposed Amendments

In 1963. The Paycheck Fairness Act, S.819 and H.R. 1869, along with the Fair Labor Standards Act addresses the gender pay gap in the United States.  The push to update the legislation rose from the 2008 Census Bureau's report that clearly pointed out that women's average annual earnings were 77.5% of what men earn.

The 115th-Congress introduced a bill to amend to the Fair Labor Standard Act of 1938 that directly addresses victims of discrimination when it comes to pay-gaps on the basis of sex

The legislature, S.819, would allow punishing employers for retaliating against employees who share how much they make compared to others in the workplace. The bill will enable workers to sue employers.  The burden of justification of wage discrimination is on the employer.

secondary provision would begin a program that directly trains women to negotiate their wages effectively. 

The Equal Pay Act is an addendum to the Paycheck Fairness Act

Violations of the Equal Pay Act forces plaintiffs to prove that:

  1. An employer is guilty of paying one sex more than the other. A discriminate approach to hiring employees could mean a man or woman is a victim of gender bias.
  2. People with equal skills that put forth the same effort and shows responsibility should also earn the same amount as their gendered counterparts.
  3. Wages are the same based on performance and working conditions of every employee, regardless of sex. 

The pay gap between men and women still exists in 2019.  

    Four defenses work on the side of the employer:

    1. The use of a seniority system.
    2. A merit-based system.
    3. Measurement tools that measure earnings by the quality/quantity of production.
    4. The reason for not hiring the female employee is because of factors besides gender.

    116th Congress — Amendment to Fair Labor Standards Act of 1938

    Rosa L., a Representative from Connecticut, was the primary sponsor of H.R.7 — 116th Congress (2019-2020). H.R.7 was to amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages by sex, and for other purposes.

    Women are the largest growing voting block. The discrimination of women is still in full force. The H.R.7 amendment addresses  the following:

    (A) depression the wages of working families who rely on the wages of all members of the family to make ends meet;

    (B) undermines women's retirement security, which is often based on earnings while in the workforce;

    (C) prevents the optimum utilization of available labor resources; 

    (D) has been spread and perpetuated, through commerce and the channels and instrumentalities of commerce, among the workers of the several States;

    (E) burdens commerce and the free flow of goods in commerce;

    (F) constitutes an unfair method of competition in commerce;

    (G) leads to labor disputes burdening and obstructing commerce and the free flow of goods in commerce;

    (H) interferes with the orderly and fair marketing of goods in commerce; and

    (I) in many instances, may deprive workers of equal protection on the basis of sex in violation of the 5th and 14th Amendments.

    by Anita W
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