Congressional Record, House, April 15, 2021 — House of Representatives
Summary
A page of the Congressional Record, House, dated April 15, 2021, at page H1799. It carries a communication from the Clerk reporting that the Senate passed S. 400, and then the Paycheck Fairness Act. Mr. Scott of Virginia, pursuant to House Resolution 303, calls up H.R. 7, a bill to amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex. The bill text printed on the page covers a bona fide factor defense, class actions, a nonretaliation provision and enforcement authority of the Equal Employment Opportunity Commission.
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“Congressional Record, House, April 15, 2021 — House of Representatives.”
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April 15, 2021 CONGRESSIONAL RECORD — HOUSE H1799
b 1230 (3) by striking ‘‘any other factor other than (2) in the sentence beginning ‘‘An action to’’,
sex’’ and inserting ‘‘a bona fide factor other by striking ‘‘the preceding sentences’’ and in-
COMMUNICATION FROM THE than sex, such as education, training, or experi- serting ‘‘any of the preceding sentences of this
CLERK OF THE HOUSE ence’’; and subsection’’;
The SPEAKER pro tempore laid be- (4) by inserting at the end the following: (3) in the sentence beginning ‘‘No employees
‘‘(B) The bona fide factor defense described in shall’’, by striking ‘‘No employees’’ and insert-
fore the House the following commu-
subparagraph (A)(iv) shall apply only if the em- ing ‘‘Except with respect to class actions
nication from the Clerk of the House of ployer demonstrates that such factor (i) is not brought to enforce section 6(d), no employee’’;
Representatives: based upon or derived from a sex-based differen- (4) by inserting after the sentence referred to
OFFICE OF THE CLERK, tial in compensation; (ii) is job-related with re- in paragraph (3), the following: ‘‘Notwith-
HOUSE OF REPRESENTATIVES, spect to the position in question; (iii) is con- standing any other provision of Federal law,
Washington, DC, April 15, 2021. sistent with business necessity; and (iv) ac- any action brought to enforce section 6(d) may
Hon. NANCY PELOSI, counts for the entire differential in compensa- be maintained as a class action as provided by
The Speaker, House of Representatives, tion at issue. Such defense shall not apply the Federal Rules of Civil Procedure.’’; and
Washington, DC. where the employee demonstrates that an alter- (5) in the sentence beginning ‘‘The court in’’—
DEAR MADAM SPEAKER: Pursuant to the native employment practice exists that would (A) by striking ‘‘in such action’’ and inserting
permission granted in Clause 2(h) of Rule II serve the same business purpose without pro- ‘‘in any action brought to recover the liability
of the Rules of the U.S. House of Representa- ducing such differential and that the employer prescribed in any of the preceding sentences of
tives, the Clerk received the following mes- has refused to adopt such alternative practice. this subsection’’; and
sage from the Secretary of the Senate on ‘‘(C) For purposes of subparagraph (A), em- (B) by inserting before the period the fol-
April 15, 2021, at 11:28 a.m.: ployees shall be deemed to work in the same es- lowing: ‘‘, including expert fees’’.
That the Senate passed S. 400. tablishment if the employees work for the same (e) ACTION BY THE SECRETARY.—Section 16(c)
With best wishes, I am, employer at workplaces located in the same of the Fair Labor Standards Act of 1938 (29
Sincerely, county or similar political subdivision of a U.S.C. 216(c)) is amended—
CHERYL L. JOHNSON, State. The preceding sentence shall not be con-
(1) in the first sentence—
Clerk. strued as limiting broader applications of the
(A) by inserting ‘‘or, in the case of a violation
f term ‘establishment’ consistent with rules pre-
of section 6(d), additional compensatory or pu-
scribed or guidance issued by the Equal Employ-
PAYCHECK FAIRNESS ACT nitive damages, as described in subsection (b),’’
ment Opportunity Commission.’’.
before ‘‘and the agreement’’; and
Mr. SCOTT of Virginia. Mr. Speaker, (c) NONRETALIATION PROVISION.—Section 15 of
the Fair Labor Standards Act of 1938 (29 U.S.C. (B) by inserting before the period the fol-
pursuant to House Resolution 303, I lowing: ‘‘, or such compensatory or punitive
215) is amended—
call up the bill (H.R. 7) to amend the (1) in subsection (a)— damages, as appropriate’’;
Fair Labor Standards Act of 1938 to (A) in paragraph (3), by striking ‘‘employee (2) in the second sentence, by inserting before
provide more effective remedies to vic- has filed’’ and all that follows and inserting the period the following: ‘‘and, in the case of a
tims of discrimination in the payment ‘‘employee— violation of section 6(d), additional compen-
‘‘(A) has made a charge or filed any complaint satory or punitive damages, as described in sub-
of wages on the basis of sex, and for
or instituted or caused to be instituted any in- section (b)’’; and
other purposes, and ask for its imme- (3) in the third sentence, by striking ‘‘the first
vestigation, proceeding, hearing, or action
diate consideration. sentence’’ and inserting ‘‘the first or second sen-
under or related to this Act, including an inves-
The Clerk read the title of the bill. tigation conducted by the employer, or has testi- tence’’.
The SPEAKER pro tempore. Pursu- fied or is planning to testify or has assisted or (f) ENFORCEMENT AUTHORITY.—
ant to House Resolution 303, the participated in any manner in any such inves- (1) IN GENERAL.—The Equal Opportunity Em-
amendment in the nature of a sub- tigation, proceeding, hearing or action, or has ployment Commission shall carry out the func-
stitute recommended by the Com- served or is planning to serve on an industry tions and authorities described in section 1 of
mittee on Education and Labor printed committee; Reorganization Plan No. 1 of 1978 (92 Stat. 3781;
‘‘(B) has opposed any practice made unlawful 5 U.S.C. App.) to enforce and administer the
in the bill, modified by the amendment
by this Act; or provisions of section 6(d) of the Fair Labor
printed in part A of House Report 117– ‘‘(C) has inquired about, discussed, or dis- Standards Act of 1938 (29 U.S.C. 206(d)), except
15, is adopted and the bill, as amended, closed the wages of the employee or another em- that the Secretary of Labor, through the Office
is considered read. ployee (such as by inquiring or discussing with of Federal Contract Compliance Programs, may
The text of the bill, as amended, is as the employer why the wages of the employee are also enforce this provision with respect to Fed-
follows: set at a certain rate or salary);’’; eral contractors, Federal subcontractors, and
H.R. 7 (B) in paragraph (5), by striking the period at federally-assisted construction contractors,
the end and inserting ‘‘; or’’; and within the jurisdiction of the Office of Federal
Be it enacted by the Senate and House of Rep- (C) by adding at the end the following: Contract Compliance Programs under Executive
resentatives of the United States of America in ‘‘(6) to require an employee to sign a contract Order 11246 (42 U.S.C. 2000e note; relating to
Congress assembled, or waiver that would prohibit the employee from equal employment opportunity) or a successor
SECTION 1. SHORT TITLE. disclosing information about the employee’s Executive Order.
This Act may be cited as the ‘‘Paycheck Fair- wages.’’; and (2) COORDINATION.—The Equal Opportunity
ness Act’’. (2) by adding at the end the following: Employment Commission shall issue such regu-
SEC. 2. ENHANCED ENFORCEMENT OF EQUAL PAY ‘‘(c) Subsection (a)(3)(C) shall not apply to in- lations as may be necessary to explain and im-
REQUIREMENTS. stances in which an employee who has access to plement the standards of such section 6(d). The
(a) DEFINITIONS.—Section 3 of the Fair Labor the wage information of other employees as a Secretary of Labor may issue regulations to gov-
Standards Act of 1938 (29 U.S.C. 203) is amended part of such employee’s essential job functions ern procedures for enforcement of section 6(d)
by adding at the end the following: discloses the wages of such other employees to by the Office of Federal Contract Compliance
‘‘(z) ‘Sex’ includes— individuals who do not otherwise have access to Programs. The Secretary of Labor and the
‘‘(1) pregnancy, childbirth, or a related med- such information, unless such disclosure is in Equal Employment Opportunity Commission
ical condition; response to a complaint or charge or in further- shall establish other coordinating mechanisms
‘‘(2) sexual orientation or gender identity; and ance of an investigation, proceeding, hearing, or as may be necessary.
‘‘(3) sex characteristics, including intersex action under section 6(d), including an inves- SEC. 3. TRAINING.
traits. tigation conducted by the employer. Nothing in
‘‘(aa) ‘Sexual orientation’ includes homosex- The Equal Employment Opportunity Commis-
this subsection shall be construed to limit the
uality, heterosexuality, and bisexuality. sion and the Secretary of Labor, acting through
rights of an employee provided under any other
‘‘(bb) ‘Gender identity’ means the gender-re- the Office of Federal Contract Compliance Pro-
provision of law.’’.
lated identity, appearance, mannerisms, or (d) ENHANCED PENALTIES.—Section 16(b) of grams, subject to the availability of funds ap-
other gender-related characteristics of an indi- the Fair Labor Standards Act of 1938 (29 U.S.C. propriated under section 11, shall provide train-
vidual, regardless of the individual’s designated 216(b)) is amended— ing to employees of the Commission and the Of-
sex at birth.’’. (1) by inserting after the first sentence the fol- fice of Federal Contract Compliance Programs
(b) BONA FIDE FACTOR DEFENSE AND MODI- lowing: ‘‘Any employer who violates section and to affected individuals and entities on mat-
FICATION OF SAME ESTABLISHMENT REQUIRE- 6(d), or who violates the provisions of section ters involving discrimination in the payment of
wages.
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MENT.—Section 6(d)(1) of the Fair Labor Stand- 15(a)(3) in relation to section 6(d), shall addi-
ards Act of 1938 (29 U.S.C. 206(d)(1)) is amend- tionally be liable for such compensatory dam- SEC. 4. NEGOTIATION SKILLS TRAINING.
ed— ages, or, where the employee demonstrates that (a) PROGRAM AUTHORIZED.—
(1) by striking ‘‘No employer having’’ and in- the employer acted with malice or reckless indif- (1) IN GENERAL.—The Secretary of Labor,
serting ‘‘(A) No employer having’’; ference, punitive damages as may be appro- after consultation with the Secretary of Edu-
(2) by striking ‘‘the opposite’’ and inserting priate, except that the United States shall not be cation, is authorized to establish and carry out
‘‘another’’; liable for punitive damages.’’; a grant program.
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H1800 CONGRESSIONAL RECORD — HOUSE April 15, 2021
(2) GRANTS.—In carrying out the program, the (b) REPORT ON GENDER PAY GAP IN TEENAGE (2) an entity carrying out an education refer-
Secretary of Labor may make grants on a com- LABOR FORCE.— ral program, a training program, such as an ap-
petitive basis to eligible entities to carry out ne- (1) REPORT REQUIRED.—Not later than one prenticeship or management training program,
gotiation skills training programs for the pur- year after the date of the enactment of this Act, or a similar program; and
poses of addressing pay disparities, including the Secretary of Labor, acting through the Di- (3) an entity carrying out a joint program,
through outreach to women and girls. rector of the Women’s Bureau and in coordina- formed by a combination of any entities de-
(3) ELIGIBLE ENTITIES.—To be eligible to re- tion with the Commissioner of Labor Statistics, scribed in paragraph (1) or (2).
ceive a grant under this subsection, an entity shall— SEC. 7. COLLECTION OF PAY INFORMATION BY
shall be a public agency, such as a State, a local (A) submit to Congress a report on the gender THE EQUAL EMPLOYMENT OPPOR-
government in a metropolitan statistical area (as pay gap in the teenage labor force; and TUNITY COMMISSION.
defined by the Office of Management and Budg- (B) make the report available on a publicly Section 709 of the Civil Rights Act of 1964 (42
et), a State educational agency, or a local edu- accessible website of the Department of Labor. U.S.C. 2000e–8) is amended by adding at the end
cational agency, a private nonprofit organiza- (2) ELEMENTS.—The report under subsection the following:
tion, or a community-based organization. (a) shall include the following: ‘‘(f)(1) Not later than 18 months after the date
(4) APPLICATION.—To be eligible to receive a (A) An examination of trends and potential of enactment of this subsection, the Commission
grant under this subsection, an entity shall sub- solutions relating to the teenage gender pay shall provide for the collection from employers
mit an application to the Secretary of Labor at gap. of compensation data and other employment-re-
such time, in such manner, and containing such (B) An examination of how the teenage gen- lated data (including hiring, termination, and
information as the Secretary of Labor may re- der pay gap potentially translates into greater promotion data) disaggregated by the sex, race,
quire. wage gaps in the overall labor force. and national origin of employees.
(5) USE OF FUNDS.—An entity that receives a (C) An examination of overall lifetime earn- ‘‘(2) In carrying out paragraph (1), the Com-
grant under this subsection shall use the funds ings and losses for informal and formal jobs for mission shall have as its primary consideration
made available through the grant to carry out women, including women of color. the most effective and efficient means for en-
an effective negotiation skills training program (D) An examination of the teenage gender pay hancing the enforcement of Federal laws pro-
for the purposes described in paragraph (2). gap, including a comparison of the average hibiting pay discrimination. For this purpose,
(b) INCORPORATING TRAINING INTO EXISTING amount earned by males and females, respec- the Commission shall consider factors including
PROGRAMS.—The Secretary of Labor and the tively, in informal jobs, such as babysitting and the imposition of burdens on employers, the fre-
Secretary of Education shall issue regulations or other freelance jobs, as well as formal jobs, such quency of required reports (including the size of
policy guidance that provides for integrating the as retail, restaurant, and customer service. employers required to prepare reports), appro-
negotiation skills training, to the extent prac- (E) A comparison of— priate protections for maintaining data con-
ticable, into programs authorized under— (i) the types of tasks typically performed by
fidentiality, and the most effective format to re-
(1) in the case of the Secretary of Education, women from the teenage years through adult-
port such data.
the Elementary and Secondary Education Act of hood within certain informal jobs, such as baby- ‘‘(3)(A) For each 12-month reporting period
1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins sitting and other freelance jobs, and formal jobs, for an employer, the compensation data col-
Career and Technical Education Act of 2006 (20 such as retail, restaurant, and customer service; lected under paragraph (1) shall include, for
U.S.C. 2301 et seq.), the Higher Education Act of and each range of taxable compensation described in
1965 (20 U.S.C. 1001 et seq.), and other programs (ii) the types of tasks performed by younger
subparagraph (B), disaggregated by the cat-
carried out by the Department of Education males in such positions.
egories described in subparagraph (E)—
that the Secretary of Education determines to be (F) Interviews and surveys with workers and
‘‘(i) the number of employees of the employer
appropriate; and employers relating to early gender-based pay
who earn taxable compensation in an amount
(2) in the case of the Secretary of Labor, the discrepancies.
that falls within such taxable compensation
Workforce Innovation and Opportunity Act (29 (G) Recommendations for—
(i) addressing pay inequality for women from range; and
U.S.C. 3101 et seq.), and other programs carried ‘‘(ii) the total number of hours worked by
out by the Department of Labor that the Sec- the teenage years through adulthood, including
such women of color; such employees.
retary of Labor determines to be appropriate. ‘‘(B) Subject to adjustment under subpara-
(c) REPORT.—Not later than 18 months after (ii) addressing any disadvantages experienced
by young women with respect to work experi- graph (C), the taxable compensation ranges de-
the date of enactment of this Act, and annually scribed in this subparagraph are as follows:
thereafter, the Secretary of Labor, in consulta- ence and professional development;
(iii) the development of standards and best ‘‘(i) Not more than $19,239.
tion with the Secretary of Education, shall pre- ‘‘(ii) Not less than $19,240 and not more than
practices for workers and employees to ensure
pare and submit to Congress a report describing $24,439.
better pay for young women and the prevention
the activities conducted under this section and ‘‘(iii) Not less than $24,440 and not more than
of early inequalities in the workplace; and
evaluating the effectiveness of such activities in $30,679.
(iv) expanding awareness for teenage girls on
achieving the purposes of this section. ‘‘(iv) Not less than $30,680 and not more than
pay rates and employment rights in order to re-
SEC. 5. RESEARCH, EDUCATION, AND OUTREACH.
duce greater inequalities in the overall labor $38,999.
(a) IN GENERAL.—Not later than 18 months force. ‘‘(v) Not less than $39,000 and not more than
after the date of enactment of this Act, and pe- $49,919.
SEC. 6. ESTABLISHMENT OF THE NATIONAL
riodically thereafter, the Secretary of Labor AWARD FOR PAY EQUITY IN THE ‘‘(vi) Not less than $49,920 and not more than
shall conduct studies and provide information to WORKPLACE. $62,919.
employers, labor organizations, and the general (a) IN GENERAL.—There is established the Na- ‘‘(vii) Not less than $62,920 and not more than
public concerning the means available to elimi- tional Award for Pay Equity in the Workplace, $80,079.
nate pay disparities between men and women which shall be awarded by the Secretary of ‘‘(viii) Not less than $80,080 and not more than
(including women who are Asian American, Labor in consultation with the Equal Employ- $101,919.
Black or African-American, Hispanic American ment Opportunity Commission, on an annual ‘‘(ix) Not less than $101,920 and not more than
or Latino, Native American or Alaska Native, basis, to an employer to encourage proactive ef- $128,959.
Native Hawaiian or Pacific Islander, and White forts to comply with section 6(d) of the Fair ‘‘(x) Not less than $128,960 and not more than
American), including— Labor Standards Act of 1938 (29 U.S.C. 206(d)), $163,799.
(1) conducting and promoting research to de- as amended by this Act. ‘‘(xi) Not less than $163,800 and not more than
velop the means to correct expeditiously the con- (b) CRITERIA FOR QUALIFICATION.—The Sec- $207,999.
ditions leading to the pay disparities, with spe- retary of Labor, in consultation with the Equal ‘‘(xii) Not less than $208,000.
cific attention paid to women and girls from his- Employment Opportunity Commission, shall— ‘‘(C) The Commission may adjust the taxable
torically underrepresented and minority groups; (1) set criteria for receipt of the award, in- compensation ranges under subparagraph (B)—
(2) publishing and otherwise making available cluding a requirement that an employer has ‘‘(i) if the Commission determines that such
to employers, labor organizations, professional made substantial effort to eliminate pay dispari- adjustment is necessary to enhance enforcement
associations, educational institutions, the ties between men and women and deserves spe- of Federal laws prohibiting pay discrimination;
media, and the general public the findings re- cial recognition as a consequence of such effort; or
sulting from studies and other materials, relat- and ‘‘(ii) for inflation, in consultation with the
ing to eliminating the pay disparities; (2) establish procedures for the application Bureau of Labor Statistics.
(3) sponsoring and assisting State, local, and and presentation of the award. ‘‘(D) In collecting data described in subpara-
community informational and educational pro- (c) BUSINESS.—In this section, the term ‘‘em- graph (A)(ii), the Commission shall provide that,
grams; ployer’’ includes— with respect to an employee who the employer is
(4) providing information to employers, labor (1)(A) a corporation, including a nonprofit not required to compensate for overtime employ-
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organizations, professional associations, and corporation; ment under section 7 of the Fair Labor Stand-
other interested persons on the means of elimi- (B) a partnership; ards Act of 1938 (29 U.S.C. 207), an employer
nating the pay disparities; and (C) a professional association; may report—
(5) recognizing and promoting the achieve- (D) a labor organization; and ‘‘(i) in the case of a full-time employee, that
ments of employers, labor organizations, and (E) a business entity similar to an entity de- such employee works 40 hours per week, and in
professional associations that have worked to scribed in any of subparagraphs (A) through the case of a part-time employee, that such em-
eliminate the pay disparities. (D); ployee works 20 hours per week; or
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April 15, 2021 CONGRESSIONAL RECORD — HOUSE H1801
‘‘(ii) the actual number of hours worked by ‘‘(2) rely on the wage history of a prospective employers and employees to fully comply with
such employee. employee in determining the wages for such pro- all applicable immigration laws, including being
‘‘(E) The categories described in this subpara- spective employee, except that an employer may subject to any penalties, fines, or other sanc-
graph shall be determined by the Commission rely on wage history if it is voluntarily provided tions.
and shall include— by a prospective employee, after the employer SEC. 13. SEVERABILITY.
‘‘(i) race; makes an offer of employment with an offer of If any provision of this Act, an amendment
‘‘(ii) national origin; compensation to the prospective employee, to made by this Act, or the application of that pro-
‘‘(iii) sex; and support a wage higher than the wage offered by vision or amendment to particular persons or
‘‘(iv) job categories, including the job cat- the employer; circumstances is held invalid or found to be un-
egories described in the instructions for the ‘‘(3) seek from a prospective employee or any constitutional, the remainder of this Act, the
Equal Employment Opportunity Employer Infor- current or former employer the wage history of amendments made by this Act, or the applica-
mation Report EEO–1, as in effect on the date of the prospective employee, except that an em- tion of that provision to other persons or cir-
the enactment of this subsection. ployer may seek to confirm prior wage informa- cumstances shall not be affected.
‘‘(F) The Commission shall use the compensa- tion only after an offer of employment with
tion data collected under paragraph (1)— compensation has been made to the prospective
The SPEAKER pro tempore. The bill,
‘‘(i) to enhance— employee and the prospective employee responds as amended, shall be debatable for 1
‘‘(I) the investigation of charges filed under to the offer by providing prior wage information hour equally divided and controlled by
section 706 or section 6(d) of the Fair Labor to support a wage higher than that offered by the chair and ranking minority mem-
Standards Act of 1938 (29 U.S.C. 206(d)); and the employer; or ber of the Committee on Education and
‘‘(II) the allocation of resources to investigate ‘‘(4) discharge or in any other manner retali- Labor.
such charges; and ate against any employee or prospective em-
‘‘(ii) for any other purpose that the Commis-
The gentleman from Virginia (Mr.
ployee because the employee or prospective em-
sion determines appropriate. SCOTT) and the gentlewoman from
ployee—
‘‘(G) The Commission shall annually make ‘‘(A) opposed any act or practice made unlaw- North Carolina (Ms. FOXX) each will
publicly available aggregate compensation data ful by this section; or control 30 minutes.
collected under paragraph (1) for the categories ‘‘(B) took an action for which discrimination The Chair recognizes the gentleman
described in subparagraph (E), disaggregated by is forbidden under section 15(a)(3). from Virginia (Mr. SCOTT).
industry, occupation, and core based statistical ‘‘(b) DEFINITION.—In this section, the term GENERAL LEAVE
area (as defined by the Office of Management ‘wage history’ means the wages paid to the pro-
and Budget). spective employee by the prospective employee’s
Mr. SCOTT of Virginia. Mr. Speaker,
‘‘(4) The compensation data under paragraph current employer or previous employer.’’. I ask unanimous consent that all Mem-
(1) shall be collected from each employer that— (b) PENALTIES.—Section 16 of such Act (29 bers have 5 legislative days in which to
‘‘(A) is a private employer that has 100 or U.S.C. 216) is amended by adding at the end the revise and extend their remarks and in-
more employees, including such an employer following new subsection: sert extraneous materials on H.R. 7,
that is a contractor with the Federal Govern- ‘‘(f)(1) Any person who violates the provisions the Paycheck Fairness Act.
ment, or a subcontractor at any tier thereof; or of section 8 shall— The SPEAKER pro tempore. Is there
‘‘(B) the Commission determines appro- ‘‘(A) be subject to a civil penalty of $5,000 for
a first offense, increased by an additional $1,000 objection to the request of the gen-
priate.’’.
SEC. 8. REINSTATEMENT OF PAY EQUITY PRO- for each subsequent offense, not to exceed tleman from Virginia?
GRAMS AND PAY EQUITY DATA COL- $10,000; and There was no objection.
LECTION. ‘‘(B) be liable to each employee or prospective Mr. SCOTT of Virginia. Mr. Speaker,
(a) BUREAU OF LABOR STATISTICS DATA COL- employee who was the subject of the violation I yield myself such time as I may con-
LECTION.—The Commissioner of Labor Statistics for special damages not to exceed $10,000 plus sume.
shall continue to collect data on women workers attorneys’ fees, and shall be subject to such in- Mr. Speaker, I rise in support of H.R.
in the Current Employment Statistics survey. junctive relief as may be appropriate. 7, the Paycheck Fairness Act.
(b) OFFICE OF FEDERAL CONTRACT COMPLI- ‘‘(2) An action to recover the liability de-
scribed in paragraph (1)(B) may be maintained
When President Kennedy signed the
ANCE PROGRAMS INITIATIVES.—The Director of
against any employer (including a public agen- Equal Pay Act in 1963, our country
the Office of Federal Contract Compliance Pro-
grams shall collect compensation data and other cy) in any Federal or State court of competent codified the basic idea that all workers
employment-related data (including, hiring, ter- jurisdiction by any one or more employees or should earn equal pay for equal work,
mination, and promotion data) by demographics prospective employees for and on behalf of— regardless of sex. Regrettably, more
and designate not less than half of all non- ‘‘(A) the employees or prospective employees; than five decades later and after the
construction contractors each year to prepare and passage of the Lilly Ledbetter Fair Pay
and file such data, and shall review and utilize ‘‘(B) other employees or prospective employees
similarly situated.’’.
Act, that promise remains unfulfilled.
the responses to such data to identify contrac- Today, women continue to be paid,
tors for further evaluation and for other en- SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS.— on average, 82 cents on the dollar com-
forcement purposes as appropriate.
(c) DEPARTMENT OF LABOR DISTRIBUTION OF There are authorized to be appropriated such pared to men. This wage disparity is
WAGE DISCRIMINATION INFORMATION.—The Sec- sums as may be necessary to carry out this Act. far worse for women of color, who
retary of Labor shall make readily available (in (b) PROHIBITION ON EARMARKS.—None of the make less than White men and White
print, on the Department of Labor website, and funds appropriated pursuant to subsection (a) women. It exists across every sector,
through any other forum that the Department for purposes of the grant program in section 5 of regardless of education, experience, oc-
may use to distribute compensation discrimina- this Act may be used for a congressional ear-
cupation, industry or job title. A re-
tion information), accurate information on com- mark as defined in clause 9(e) of rule XXI of the
Rules of the House of Representatives. cent Census Bureau study found that 38
pensation discrimination, including statistics,
SEC. 11. SMALL BUSINESS ASSISTANCE. to 70 percent of the gender wage gap is
explanations of employee rights, historical anal-
yses of such discrimination, instructions for em- (a) EFFECTIVE DATE.—This Act and the unexplained and likely due to discrimi-
ployers on compliance, and any other informa- amendments made by this Act shall take effect nation.
tion that will assist the public in understanding on the date that is 6 months after the date of Drawn out over a lifetime, the per-
and addressing such discrimination. enactment of this Act. sistent wage gap could cost a woman
SEC. 9. PROHIBITIONS RELATING TO PROSPEC- (b) TECHNICAL ASSISTANCE MATERIALS.—The anywhere from $400,000 to $2 million.
TIVE EMPLOYEES’ SALARY AND BEN- Secretary of Labor and the Commissioner of the This impacts both workers and their
EFIT HISTORY. Equal Employment Opportunity Commission
families, often meaning the difference
(a) IN GENERAL.—The Fair Labor Standards shall jointly develop technical assistance mate-
rial to assist small enterprises in complying with between financial stability and per-
Act of 1938 (29 U.S.C. 201 et seq.) is amended by
inserting after section 7 the following new sec- the requirements of this Act and the amend- petual hardship.
tion: ments made by this Act. The Paycheck Fairness Act offers an
‘‘SEC. 8. REQUIREMENTS AND PROHIBITIONS RE- (c) SMALL BUSINESSES.—A small enterprise opportunity to finally secure equal pay
LATING TO WAGE, SALARY, AND BEN- shall be exempt from the provisions of this Act, for equal work. The bill strengthens
EFIT HISTORY. and the amendments made by this Act, to the the Equal Pay Act by bolstering work-
‘‘(a) IN GENERAL.—It shall be an unlawful same extent that such enterprise is exempt from ers’ rights to discuss their wages with
the requirements of the Fair Labor Standards
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practice for an employer to— coworkers and making it easier for
‘‘(1) rely on the wage history of a prospective Act of 1938 (29 U.S.C. 201 et seq.) pursuant to
clauses (i) and (ii) of section 3(s)(1)(A) of such workers to join class action lawsuits;
employee in considering the prospective em-
ployee for employment, including requiring that Act (29 U.S.C. 203(s)(1)(A)). enhancing the enforcement tools avail-
a prospective employee’s prior wages satisfy SEC. 12. RULE OF CONSTRUCTION. able to the Equal Employment Oppor-
minimum or maximum criteria as a condition of Nothing in this Act, or in any amendments tunity Commission and the Labor De-
being considered for employment; made by this Act, shall affect the obligation of partment; and, more importantly, by
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H1802 CONGRESSIONAL RECORD — HOUSE April 15, 2021
closing loopholes for employer defenses Mr. Speaker, I rise today in opposi- H.R. 7 would radically alter this law,
and requiring employers to prove pay tion to H.R. 7, the Democrats’ conven- requiring a business owner to convince
disparities exist for legitimate, job-re- iently titled, but painfully misguided, a judge or jury that the pay differen-
lated reasons. Paycheck Fairness Act, which should tial was required by ‘‘business neces-
The Biden administration has issued be called the paychecks for trial law- sity.’’ This is a nearly impossible bur-
a Statement of Administration Policy yers act. den of proof to meet that will lead to
in support of this bill. It states: ‘‘En- We all agree on the fundamental unfair judgments against business own-
suring equal pay is essential to advanc- principle of this bill: women should not ers because the plain meaning of the
ing American values of fairness and eq- be paid less than men for the same term ‘‘business necessity’’ is that the
uity.’’ work. pay differential must be absolutely es-
Then it adds: ‘‘The Paycheck Fair- That is not up for debate; and, for sential to the business.
ness Act is commonsense legislation me, it has never been up for debate; H.R. 7 would also result in a flood of
that would strengthen the Equal Pay and, for our country, it hasn’t been litigation in front of judges and juries,
Act and give workers more tools to since 1963, when the Equal Pay Act who will delve into employer com-
fight sex-based pay discrimination.’’ amended the Fair Labor Standards pensation decisions even when the em-
Mr. Speaker, I include in the RECORD Act, making equal pay the law of the ployer can demonstrate that those de-
the Statement of Administration Pol- land. cisions are based on legitimate, busi-
icy of H.R. 7. Moreover, in 1964, title VII of the ness-related reasons having nothing to
STATEMENT OF ADMINISTRATION POLICY Civil Rights Act codified non- do with the sex of the employee.
H.R. 7—PAYCHECK FAIRNESS ACT—REP. discrimination rules for employment, Fearing Big Government and liabil-
DELAURO, D–CT, AND 225 COSPONSORS ity risks that could leave them bank-
making it illegal to discriminate on
The Administration strongly supports the basis of race, color, national origin, rupt, many business owners will likely
House passage of H.R. 7, the Paycheck Fair- implement rigid pay bands—a model
religion, and sex.
ness Act. Ensuring equal pay is essential to used by government and unionized
advancing American values of fairness and The question before us today is
whether the Democrats’ Paycheck businesses. This means workers will
equity. Women lose thousands of dollars
each year, and hundreds of thousands over a Fairness Act provides any additional not be compensated on the basis of
lifetime, because of the gender and racial protections to women in the work- merit.
wage gap. Women working full-time, year- place. The answer is a resounding no. This is the opposite of the American
round in 2019 earned 82 cents for every dollar The United States has some of the Dream. As one columnist wrote:
earned by men working full-time; year- most varied and complex workplaces in ‘‘equality of opportunity—not out-
round, and these disparities are greater for comes—is the American ideal.’’
the world. Before the onslaught of
women of color. Pay inequity also impacts On top of the legal jeopardy this bill
individuals who face intersecting forms of COVID–19, women were earning mer-
ited paychecks in record numbers. Ac- creates for employers, H.R. 7 also man-
discrimination based on sexual orientation dates that business owners submit
and gender identity, including LGBTQ+ indi- cording to a Harvard University anal-
viduals. ysis and numerous other studies, the mountains of worker pay data to the
Due to the COVID–19 pandemic, millions of difference in earning between men and Federal Government. This will pose
women have dropped out of the labor force, women comes down to choices made re- significant threats to the confiden-
partly reflecting the increased domestic tiality and privacy of workers’ pay
labor demands on women. Caregiving de-
garding careers and parenting. Many
data, create a data stash that would be
mands often fall disproportionately on working women take advantage of
impossible to protect or interpret, and
women, which leads to many women having flexible work schedules to meet their
cost business owners more than $600
to reduce their hours, resulting in lower diverse needs. A survey by Pew found
million annually.
earnings. As more and more American fami- 70 percent of working mothers say that This bill purports to champion equal-
lies rely on women’s income, the pay gap a flexible schedule is extremely impor-
hurts not only women, but also the families ity for women, yet it disregards the 40
tant. percent of small businesses owned by
who depend on them. The cumulative impact Democrats aren’t giving the full
of wage gaps adds up to financial insecurity women that will be forced to imple-
story when they talk about pay dif- ment pay policies found in govern-
over the course of a career for women and
their families and for generations who fol- ferences. Women are making career ment-run workplaces and be stuck pay-
low. choices that are best for themselves ing through the nose in compliance
The Paycheck Fairness Act is common- and their families. Limiting their free- costs if this bill passes.
sense legislation that would strengthen the dom to do so is wrong. Congress has no Even worse, H.R. 7 will severely limit
Equal Pay Act and give workers more tools place in telling women their career
to fight sex-based pay discrimination. It
workplace flexibility for women. Many
choices are wrong, yet Democrats are working women take advantage of
would also take major steps toward increas-
hellbent on telling all Americans how flexible work schedules to meet their
ing pay transparency, an essential provision
to advance equality in the workplace, by ex- to live their lives, how to spend their diverse needs, yet this harmful legisla-
plicitly protecting workers from retaliation money, and now how to make career tion completely ignores this reality
for simply discussing their compensation decisions. and threatens to take away the choices
with their colleagues. The bill would also ex- The Paycheck Fairness Act is not a and freedom necessary for them to re-
pand opportunities for workers to receive win for women in the slightest. It is a tain employment.
training on effective negotiation skills. The false promise that creates opportuni- We know employees prefer workable
bill would also limit an employer’s ability to ties and advantages only for trial law- and flexible schedules, and now is not
rely on salary history during the hiring proc- yers looking for easy payouts while
ess to set pay, or when determining wages the time to limit these options for
for a promotion. H.R. 7 would hold employers
causing irreparable harm to employers. women who have been hit particularly
accountable by closing judicially created By making it much easier to bring law- hard by the COVID–19 pandemic.
loopholes for employer defenses and by add- suits of questionable validity against Should my Democrat colleagues wish
ing a class action option under the Federal employers, trial lawyers will be able to to discuss additional policies which
Rules of Civil Procedure. The bill would re- force employers into settlements or try will foster the advancement of women
quire the collection of pay data to enable for unlimited paydays from jury in the workplace, we can consider leg-
better enforcement of laws prohibiting pay awards, lining their own pockets and islation that safely reopens our schools
discrimination. dragging women through tedious, and businesses, provides the flexibility
The Administration looks forward to con-
tinuing to work with the Congress to address never-ending legal proceedings. and support to expand work-based
pay equity and urges quick action on this In the United States, we believe in learning programs and create viable
landmark bill. innocence until proven guilty, but this pathways that enable more individuals
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Mr. SCOTT of Virginia. Mr. Speaker, bill assumes otherwise. Under current to reskill and build fulfilling careers on
I urge my colleagues to join me in vot- law, business owners can defend them- their own terms, and promotes career
ing for this legislation, and I reserve selves from a claim of pay discrimina- and technical education, to name a
the balance of my time. tion by proving that a pay differential few.
Ms. FOXX. Mr. Speaker, I yield my- is based on legitimate, business-related Unfortunately, my Democrat col-
self such time as I may consume. factors other than sex. leagues would rather impose radical
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April 15, 2021 CONGRESSIONAL RECORD — HOUSE H1803
and unworkable policy under the guise In fact, we are in a much stronger po- simple; so simple. Men and women in
of progress than find bipartisan solu- sition today than we were 30, let alone the same job deserve the same pay. It
tions which foster environments where 60 years ago. is a principle that we adhere to in this
individuals are empowered to succeed This legislation from the Democrat Congress, and I don’t believe anyone
and make the decisions that are best Party is just another attempt to insert would challenge it. The same is true of
for them. themselves further into the workplace the U.S. military.
Mr. Speaker, I urge a ‘‘no’’ vote on with a purported cure for a disease that Last month, we recognized Equal Pay
H.R. 7, and I reserve the balance of my doesn’t exist. Democrats are dependent Day on March 24, which is the day into
time. upon the perception of discrimination the current year that women must
Mr. SCOTT of Virginia. Mr. Speaker, and victimhood to expand their base of work to meet the wages earned by men
I yield 1 minute to the gentlewoman power as they continue to divide us as in the previous year.
from Massachusetts (Ms. CLARK), who a Nation. The National Committee on Pay Eq-
is the Assistant Speaker of the House. Democrats also view employers, busi- uity tells us, at its lowest point in 1973,
Ms. CLARK of Massachusetts. Mr. nesses, and job creators with disdain, full-time, working women earned a me-
Speaker, in December, American believing that, left to their own de- dian of 56.6 cents to every dollar that
women lost 156,000 jobs, accounting for vices, they would seek to harm and ex- full-time working men earned. Today,
100 percent of jobs lost; and since the ploit their employees. Not to worry, women who work full-time, year-round
start of this pandemic, nearly 3 million Big Government to the rescue; or, more are paid, on average, only 82 cents for
women have been pushed out of the accurately, big Democrat government every dollar paid to men.
workforce. laying on more control, more regula- The gap exists in every State, regard-
Women have borne the brunt of the tions, more mandates, all designed to less of geography, occupation, edu-
economic crisis brought on by this pan- enrich their trial lawyer friends and in- cation, or work patterns. And it is
demic, and gender pay inequality is at crease liability for employers. worse for women of color. Latinas are
the root of the problem. More than five The Democrats will disingenuously typically paid 55 cents; Native Amer-
decades after the passage of the Equal cite statistics that indicate that there ican women 60 cents; Black women 63
Pay Act, women still only make 82 are discrepancies in income based on cents; Asian American and Pacific Is-
cents for every dollar earned by men, gender, but they won’t specify discrep- lander women are paid as little as 52
and that gap is even wider for women ancies in pay for the same positions in cents.
of color. the same industries because they don’t This wage disparity costs the average
By passing the Paycheck Fairness exist. American woman and her family an es-
Act today, we are correcting this injus- This bill adds more layers of burden- timated $400,000 to $2 million, impact-
tice and ensuring that all people re- some and costly reporting require- ing Social Security benefits and pen-
ceive equal pay for equal work. ments for businesses, estimated to cost sions.
Let’s be clear: this isn’t a women’s about $600 million a year, costs which Today, the issue and the environ-
issue. Pay inequity hurts children, will be passed on to consumers in high- ment have collided. This pandemic has
families, and our entire economy. It is er prices with no real benefit. brought out the depth of our problem,
fundamental to our recovery and our The bill doesn’t do anything to help exposed existing inequalities, and
ability to not just rebuild to status women in the workplace, but it hurts threatened women’s economic security
quo, but to rebuild a just and inclusive employers, exposing them to greater li- at a disproportionate rate. Women
America for all. ability, and enriches the trial lawyer have lost more than five million jobs;
Ms. FOXX. Mr. Speaker, I yield 3 donors to the Democrat Party. It al- and as we seek to rebuild our economy,
minutes to the gentleman from Vir- lows the lawyers to litigate every deci- let us remember that the pay gap hurts
ginia (Mr. GOOD). sion an employer makes, and to bank- not only women, but also the families
Mr. GOOD of Virginia. Mr. Speaker, I rupt small businesses by seeking un- who depend on them.
thank Ranking Member FOXX for yield- limited monetary damages. The Paycheck Fairness Act is a bi-
ing. It makes it impossible for employers partisan piece of legislation, which has
Mr. Speaker, everyone supports equal to defend charges of gender-based dis- the support of every member of the
pay for equal performance, and every- crimination when experience, quali- Democratic Caucus, as well as three
one is against gender-based wage dis- fications, or performance warrants Republicans. It would toughen the rem-
crimination. This has been the law for higher pay. They would now need to edies in the Equal Pay Act of 1963 to
nearly 60 years. prove that the determination is a busi- give America’s working women the op-
When I entered the workforce 30 ness necessity. portunity to fight wage discrimination
years ago after college, wage discrimi- Leave it to politicians in Washington and receive the paycheck they have
nation was basically nonexistent, to think that they have the right to de- rightfully earned.
thanks to the law and a simple recogni- termine for employers what is a busi- It would require employers to prove
tion of the value of a diverse work- ness necessity. that pay disparities exist for legiti-
force. Companies then, as now, simply Left to themselves, businesses and mate, job-related reasons; ban retalia-
assigned a starting salary based upon employers tend to get it right. But Big tion against workers who discuss their
the position, and paid that wage to ev- Government almost never gets it right, wages; it facilitates a wronged work-
eryone they hired; thereafter providing and this bill is no exception. I urge a er’s participation in a class action suit;
merit increases based upon perform- ‘‘no’’ vote. and it prohibits employers from seek-
ance, unlike what happens in union Mr. SCOTT of Virginia. Mr. Speaker, ing the salary history of prospective
shops and with government positions. I yield 5 minutes to the gentlewoman employees.
But do my Democrat friends across from Connecticut (Ms. DELAURO), the And by now, we are all familiar with
the aisle base their staff salaries on sponsor of the bill, a champion for the case of Lilly Ledbetter. Her bosses
gender? Or do they pay women less equal pay, and the chair of the House said: ‘‘Their plant did not need women;
than men? Or do they set salaries based Appropriations Committee. that women did not help, and, in fact,
on market conditions, qualifications, Ms. DELAURO. Mr. Speaker, I rise in they caused problems.’’
and experience? strong support of the Paycheck Fair- Well, a jury found that, yes, Lilly
ness Act, legislation that I have intro- Ledbetter had been discriminated
b 1245 duced in every Congress since 1997. against, and awarded her $3.8 million in
Why do they assume less of private Since then, we have pushed and bat- back pay and damages, which the Su-
employers? tled to strengthen the Equal Pay Act preme Court eliminated. She received
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We already have laws and protections of 1963. We launched, side by side, into nothing, as it closed the courtroom
that ensure fair pay, and companies the fray to elevate pay discrimination, door to all women.
must maintain documentation dem- to emphasize how central its impact is We, the Congress, reopened that door
onstrating nondiscrimination in wages, to working families. with the Lilly Ledbetter Fair Pay Act.
performance evaluations, and merit in- I cannot tell you how difficult it has It reversed the Supreme Court’s deci-
creases. been to break through on something so sion. It was a court access case, but it
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H1804 CONGRESSIONAL RECORD — HOUSE April 15, 2021
did not address the underlying issue of remains exceptionally high. These high job- Alabama, AAUW of Alaska (AAUW Fair-
pay discrimination. less numbers threaten to exacerbate gender banks (AK) Branch), AAUW of Arizona,
President Dwight D. Eisenhower in wage gaps when women regain employment. AAUW of Arkansas, AAUW of California,
We cannot build back an economy that AAUW of Colorado, AAUW of Connecticut,
1956, in his State of the Union address,
works for everyone without ensuring that all AAUW of Delaware, AAUW of District of Co-
said: ‘‘Legislation to apply the prin- women can work with equality, safety, and lumbia (AAUW Washington (DC) Branch,
ciple of equal pay for equal work with- dignity, starting with pay equity. AAUW Capitol Hill (DC) Branch), AAUW of
out discrimination because of sex is a There is no more fitting way to begin this Florida, AAUW of Georgia, AAUW of Hawaii,
matter of simple justice. I earnestly session than by making real, concrete AAUW of Idaho, AAUW of Illinois, AAUW of
urge the Congress to move swiftly to progress in ensuring all women receive fair Indiana, AAUW of Iowa, AAUW of Kansas,
implement these needed labor meas- pay. The Paycheck Fairness Act updates and AAUW of Kentucky, AAUW of Louisiana,
strengthens the Equal Pay Act of 1963 to en- AAUW of Maine, AAUW of Maryland, AAUW
ures.’’ sure that it provides robust protection of Massachusetts, AAUW of Michigan, AAUW
When President Kennedy signed the against sex-based pay discrimination. Among of Minnesota, AAUW of Mississippi, AAUW
Equal Pay Act into law nearly 58 years other provisions, this comprehensive bill of Missouri, AAUW of Montana, AAUW of
ago, he said: ‘‘It is a first step. It af- bars retaliation against workers who volun- Nebraska, AAUW of Nevada, AAUW of New
firms our determination that when tarily discuss or disclose their wages. It Hampshire, AAUW of New Jersey, AAUW of
women enter the labor force, they will closes loopholes that have allowed employers New Mexico, AAUW of New York, AAUW of
find equality in their pay envelopes.’’ to pay women less than men for the same North Carolina, AAUW of North Dakota,
The Paycheck Fairness Act is the work without any important business jus- AAUW of Ohio, AAUW of Oklahoma, AAUW
tification related to the job. It ensures of Oregon, AAUW of Pennsylvania, AAUW of
next step. It simply brings the Equal Puerto Rico, AAUW of Rhode Island, AAUW
women can receive the same robust remedies
Pay Act into line with the remedies al- for sex-based pay discrimination that are of South Carolina, AAUW of South Dakota,
ready available for those who are sub- currently available to those subjected to dis- AAUW of Tennessee, AAUW of Texas, AAUW
ject to other forms of employment dis- crimination based on race and ethnicity. It of Utah, AAUW of Vermont, AAUW of Vir-
crimination. That is it, pure and sim- prohibits employers from relying on salary ginia, AAUW of Washington, AAUW of West
ple. history in determining future pay, so that Virginia, AAUW of Wisconsin, AAUW of Wy-
We have passed paycheck fairness pay discrimination does not follow women oming.
from job to job. And it also provides much American Federation of Labor-Congress of
through this House in 2008, 2009, 2019.
needed training and technical assistance, as Industrial Unions (AFL-CIO); American Fed-
But, now, in the 117th Congress in eration of State, County and Municipal Em-
well as data collection and research.
which we welcomed the most women in Women are increasingly the primary or co- ployees; American Federation of Teachers;
our history, we must get it into law. breadwinner in their families and cannot af- AnitaB.org; Association of Flight Attend-
We have the opportunity to make good ford to be shortchanged any longer. Women ants-CWA; Bend the Arc Jewish Action; Cali-
on that promise that Presidents of working full-time, year-round are typically fornia Women’s Law Center; Catalyst; Center
both parties have made. We need to paid only 82 cents for every dollar paid to for American Progress; Center for Law and
men. But for every dollar paid to their white, Social Policy (CLASP); Center for LGBTQ
seize that moment. Economic Advancement & Research; Clear-
It is time for us to say that the work non-Hispanic male counterparts, Black
women only make 63 cents, Native women inghouse on Women’s Issues; Coalition of
that women do in our society today is Labor Union Women: Philadelphia Coalition
only 60 cents, and Latinas only 55 cents.
valued and respected, and the contribu- of Labor Union Women; Community Health
While Asian American and Pacific Islander
tion that we make, if it is good enough (AAPI) women make 87 cents for every dollar
Councils; Congregation of Our Lady of Char-
for the women in the House of Rep- ity of the Good Shepherd, U.S. Provinces;
paid to white, non-Hispanic men, women in
resentatives, then it is good enough for Connecticut Women’s Education and Legal
many AAPI communities experience dras-
women all over the United States. Fund (CWEALF); Disciples Center for Public
tically wider pay gaps. Furthermore, moms
Witness.
Mr. Speaker, I include in the RECORD are paid less than dads. And even when con- Equal Pay Today; Equal Rights Advocates;
a letter supporting the Paycheck Fair- trolling for factors, such as education and Every Texan; Family Forward Oregon; Fam-
ness Act by a broad coalition of organi- experience, the pay gaps persist and start ily Values@ Work; Feminist Majority Foun-
zations that promote economic oppor- early in women’s careers and contribute to a dation; Futures Without Violence; Gender
wealth gap that follows them throughout Justice; Holy Spirit Missionary Sisters,
tunity for women.
their lifetimes. These pay gaps can be ad- USA-JPIC; In Our Own Voice: National
FEBRUARY 3, 2021.
dressed only if workers have the legal tools Black Women’s Reproductive Justice Agen-
CO-SPONSOR AND SUPPORT SWIFT PASSAGE OF necessary to challenge discrimination and
THE PAYCHECK FAIRNESS ACT da; Indiana Institute for Working Families;
employers are provided with effective incen- Institute for Women’s Policy Research; Jus-
DEAR MEMBER OF CONGRESS: As members of tives and technical assistance to comply tice for Migrant Women; KWH Law Center
a broad coalition of organizations that pro- with the law. for Social Justice and Change; Labor Council
mote economic opportunity for women and We recently commemorated the twelfth for Latin American Advancement; Leader-
vigorous enforcement of antidiscrimination anniversary of the enactment of the Lilly ship Conference on Civil and Human Rights;
laws, we strongly urge you to co-sponsor and Ledbetter Fair Pay Act. That vital law rec- League of Women Voters of the United
push for swift passage of the Paycheck Fair- tified the Supreme Court’s harmful decision States; Legal Aid at Work; Legal Momen-
ness Act as a top priority of the 117th Con- in Ledbetter v. Goodyear Tire & Rubber tum, The Women’s Legal Defense and Edu-
gress. Despite federal and state equal pay Company. The law helps to ensure that indi- cation Fund; Legal Voice; MANA, A National
laws, gender pay gaps persist, and earnings viduals subjected to unlawful compensation Latina Organization; Methodist Federation
lost to these gaps are exacerbating the finan- discrimination are able to have their day in for Social Action; Mi Familila Vota.
cial effects of COVID–19, falling particularly court and effectively assert their rights Michigan League for Public Policy;
heavily on women of color and the families under federal antidiscrimination laws. But MomsRising; NAACP; National Advocacy
who depend on their income. This legislation the Lilly Ledbetter Fair Pay Act, critical as Center of the Sisters of the Good Shepherd;
offers a much needed update to the Equal it is, is only one step on the path to ensuring National Asian Pacific American Women’s
Pay Act of 1963 by providing new tools to women receive equal pay for equal work. It’s Forum (NAPAWF); National Association of
battle pervasive pay gaps and to challenge time to take the next step toward achieving Social Workers; National Center for Law and
discrimination. equal pay. We urge you to prioritize the Pay- Economic Justice; National Committee on
The COVID–19 pandemic and systemic rac- check Fairness Act in the 117th Congress by Pay Equity; National Council of Jewish
ism have exposed how the work performed co-sponsoring and urging swift passage of Women; National Domestic Violence Hot-
primarily by women, and particularly Black this legislation, taking up the cause of Lilly line; National Education Association; Na-
and brown women, has long been and con- Ledbetter and all those who have fought for tional Employment Law Project: National
tinues to be undervalued and underpaid, even equal pay. Employment Lawyers Association National
as the rest of the country is newly recog- If you have any questions, please do not Employment Lawyers Association—Eastern
nizing the essential nature of this work. hesitate to contact Kate Nielson, Director of Pennsylvania, National Employment Law-
Black women, Latinas, and other women of Public Policy & Legal Advocacy at the yers Association—Georgia; National Net-
color are especially likely to be on the front American Association of University Women work to End Domestic Violence; National
lines of the crisis, risking their lives in jobs or Emily Martin, Vice President for Edu- Organization for Women: Florida NOW, Illi-
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in health care, child care, and grocery stores; cation & Workplace Justice at the National nois NOW, Indiana NOW, Jacksonville NOW,
they are also being paid less than their male Women’s Law Center. Kanawha Valley NOW, Maryland NOW, Mon-
counterparts. At the same time, women in Sincerely, roe County NOW, Montana NOW, Northwest
this country lost more than 5 million jobs in 9to5; A Better Balance; AFCPE (Associa- Indiana NOW, South Jersey NOW-Alice Paul
2020; indeed, women accounted for 100% of tion for Financial Counseling & Planning chapter.
the jobs lost in December 2020. The unem- Education); All-Options; American Associa- National Partnership for Women & Fami-
ployment rate for Black women and Latinas tion of University Women (AAUW): AAUW of lies; National WIC Association; National
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April 15, 2021 CONGRESSIONAL RECORD — HOUSE H1805
Women’s Law Center; National Women’s Po- Ms. ADAMS. I thank the gentleman each other. Employers can currently mask
litical Caucus; Native Women Lead; NET- for yielding, and for his support, and compensation discrimination with pay se-
WORK Lobby for Catholic Social Justice; for his leadership on the committee. crecy policies that forbid employees from
New Jersey Citizen Action; NewsGuild-CWA; discussing pay and benefits. Secrecy and the
Mr. Speaker, I rise today, as I have
New York Women’s Foundation; North Caro- threat of retaliation leave workers unable to
lina Justice Center; People For the Amer- done for my entire career, from the learn about and challenge pay disparities. In
ican Way; PowHer New York; Prosperity North Carolina House to the U.S. a survey of private-sector workers, over 62
Now; Reinventure Capital; Restaurant Op- House, in support of equal pay for percent of women and 60 percent of men re-
portunities Centers (ROC) United; Service equal work. ported that their employers discourage or
Employees International Union; Shriver Cen- It is 2021, and women are still subject prohibit discussing wage and salary informa-
ter on Poverty Law; TIME’S UP Now; U.S. to unequal, unfair compensation in the tion. The Paycheck Fairness Act would
Women’s Chamber of Commerce; Union for workplace. This truth, this wage gap is make pay secrecy policies illegal.
Reform Judaism; United State of Women; The Paycheck Fairness Act would also pro-
WNY Women’s Foundation; Women and Girls
at its worst for women of color. Black
hibit employers from screening job appli-
Foundation of Southwest Pennsylvania; women, for example, earn an average of
cants based on their salary history or requir-
Women Employed; Women of Reform Juda- 63 cents on the dollar compared to ing salary history during the interview proc-
ism; Women’s Fund of Rhode Island; Wom- men. ess. Women are typically paid lower wages
en’s Fund of the Greater Cincinnati Founda- This issue persists in nearly every than men even in their first jobs. Salary dis-
tion. line of work, regardless of education, parities that begin early in a woman’s career
Women’s Law Project; Women’s Media experience, occupation, industry, or job can follow her from job to job when employ-
Center; Women’s Rights and Empowerment ers are permitted to base a new hire’s salary
Network; YWCA USA: YWCA Allentown, title. And if you don’t believe that
data, take it from me. I have lived it. on her prior earnings. People should be paid
YWCA Arizona Metropolitan Phoenix, YWCA fairly for the job they are being hired to do.
Billings, YWCA Butler, YWCA Central Ala- The Paycheck Fairness Act is an op-
The bill would also make it more difficult
bama, YWCA Central Indiana, YWCA Central portunity for Congress to strengthen
for employers to justify pay discrimination.
Maine, YWCA Central Virginia, YWCA Day- the Equal Pay Act, to bolster the Workers in the same company who do the
ton, YWCA Duluth, YWCA Elgin, YWCA Gen- rights of working women, and to put an same job and have the same amount of expe-
esee County, YWCA Greater Austin, YWCA end to the gender-based wage disparity rience, education and training should be paid
Greater Baton Rouge, YWCA Greater Cin-
cinnati, YWCA Greater Cleveland, YWCA
once and for all. the same. Currently, however, employers are
Greater Portland, YWCA Greenwich, YWCA We cannot continue to rob nearly able to explain away differences in pay too
Hartford Region, YWCA Kalamazoo, YWCA half of our Nation’s workforce of the easily by relying on a catch-all defense in
Kauai, YWCA Kitsap County, YWCA Knox- wages they deserve, nor can we con- the Equal Pay Act. The Paycheck Fairness
ville and the Tennessee Valley, YWCA Lower tinue to force women to work far more Act would close that loophole and require
Cape Fear, YWCA McLean County, YWCA employers to prove that any differences in
just to be paid fairly. pay are not sex-based, are job-related con-
Metro Detroit—Interim House, YWCA Na- Mr. Speaker, I include in the RECORD
tional Capital Area, YWCA New Hampshire, cerning the position in question, and are
a letter from the National Partnership consistent with business necessity and ac-
YWCA North Central Indiana, YWCA North-
ern New Jersey, YWCA Oahu, YWCA Pierce
for Women and Families in support of count for the entire difference in compensa-
County, YWCA Princeton, YWCA QUINCY, H.R. 7, the Paycheck Fairness Act. tion. Employees claiming pay discrimination
YWCA Sauk Valley, YWCA Seattle king Sno- NATIONAL PARTNERSHIP FOR would also have new opportunities to prove
homish, YWCA South Hampton Roads, WOMEN & FAMILIES, that the employer’s defense is the pretext.
YWCA Southeastern Massachusetts, YWCA April 13, 2021. In addition to these critical provisions, the
Southern Arizona, YWCA University of Illi- DEAR MEMBER OF CONGRESS: The National Paycheck Fairness Act would also allow
nois, YWCA Utah, YWCA Western New York, Partnership for Women & Families is a non- workers alleging pay discrimination within
YWCA Wheeling, YWCA Yakima; Zonta USA profit, non-partisan advocacy organization the same company to file class-action suits;
Caucus. committed to improving the lives of women would change the remedies of the Equal Pay
and families by achieving equity for all Act to treat gender-based pay discrimination
Ms. FOXX. Mr. Speaker, I yield 1
women. Since our creation as the Women’s claims the same as other civil rights viola-
minute to the gentlewoman from tions that result in unfair pay; would recog-
Legal Defense Fund in 1971, we have fought
Michigan (Mrs. MCCLAIN). for every significant federal advance for nize companies that want to do better; and
Mrs. MCCLAIN. Mr. Speaker, I rise equal opportunity in the workplace, includ- would improve fair pay enforcement, data
today in opposition of H.R. 7, the Pay- ing the Lilly Ledbetter Fair Pay Act of 2009. collection and disclosure.
check Fairness Act. We write in strong support of H.R. 7, the Closing the gender and racial wage gap is a
We don’t need the government telling Paycheck Fairness Act, and urge you to vote crucial measure to take in response to
business how much they can pay their for passage while opposing any harmful COVID–19. Throughout the pandemic, women
employees. Let’s not forget that it is amendments. This critical bill will help our and people of color have disproportionately
business that has lifted us out of pov- nation build back an economy that works for experienced the adverse effects of the public
erty, not the government. everyone by ensuring that all women can health and economic crisis. Women and peo-
As a former businesswoman who has work with equality and dignity. ple of color have been on the front lines
As the Paycheck Fairness Act recognizes, working in our most essential occupations,
actually signed the front of paychecks,
women and workers from communities of but forces like wage inequality have kept
not just the backs, what you do as an color continue to face significant pay dis- them underpaid and undervalued. The Pay-
employee and what you produce as an parities in the United States. On average, check Fairness Act would ensure that work-
employee matters, and what you women working full time and year-round are ers are given the support needed to ensure
produce should be reflected in your paid only 82 cents for every dollar paid to pay equity during this time of crisis.
outcome, not your gender. men, and the wage gap is widest for women Updating our nation’s equal pay laws is
Do not—please, do not insult me as a of color. Among women who hold full-time, also crucial to reducing negative impacts re-
woman by lowering the bar for me. And year-round jobs in the United States, Black sulting from the mass exodus of women from
please, do not insult me as a business women are typically paid 63 cents, Native the labor force during the pandemic. Wom-
owner for forcing me to lower the bar American women 60 cents and Latinas just 55 en’s labor force participation is at a 33-year
cents for every dollar paid to white, non-His- record low, with nearly a million moms hav-
for my employees. Outcomes and hard panic men. White, non-Hispanic women are ing left the workforce, largely due to the dif-
work are what leads to success, not paid 79 cents. Asian American and Pacific Is- ficulties of balancing full-time work and
your gender. lander (AAPI) women who work full time, care responsibilities. Increases in women’s
Gender discrimination is already year-round are paid as little as 52 cents for labor force participation rates drove the sig-
against the law thanks to the Equal every dollar paid to white, non-Hispanic nificant narrowing of the gender wage gap
Pay Act. men, as Burmese women are. Asian Amer- during the 1970s and 1980s, a narrowing which
At a time when businesses are shut- ican women overall are paid just 87 cents for stagnated in the late 1990s, around the time
ting their doors due to the pandemic, every dollar paid to white, non-Hispanic women’s labor force participation peaked.
we should be creating jobs and men. The wage gap persists across different Without the Paycheck Fairness Act,
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industries, occupations and education levels progress on closing the gender wage gap
incentivizing people to work.
and exists in nearly every congressional dis- could be set back decades, especially since
Mr. SCOTT of Virginia. Mr. Speaker,
trict. women face financial penalties for taking
I yield 1 minute to the gentlewoman These troubling statistics underscore the time out of the workforce, with one study
from North Carolina (Ms. ADAMS), need to update our nation’s equal pay laws. finding that women who took just one year
chair of the Subcommittee on Work- The Paycheck Fairness Act would make it out of the workforce had annual earnings 39
force Protections. safe for workers to discuss their wages with percent lower than women who did not.
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H1806 CONGRESSIONAL RECORD — HOUSE April 15, 2021
The Paycheck Fairness Act would stores, and it is time that all of these siderably less than male workers and,
strengthen existing federal protections, en- ‘‘sheroes’’ are compensated at the same as a result, a pernicious wage gap ex-
sure more equitable workplaces and allow rate as their male counterparts. ists. However, many studies dem-
women to remain in the workforce and main-
Mr. Speaker, I include in the RECORD onstrate that the gap is not necessarily
tain their economic stability at all phases of
life. At the current rate of progress, projec- a letter from the International Broth- the product of workplace discrimina-
tions are that the gender wage gap will close erhood of Teamsters urging passage of tion.
in 2041 for Asian women, 2069 for white this legislation and highlighting the In fact, this gap nearly disappears
women, 2369 for Black women, and 2451 for persistent wage gaps between genders. when factors such as hours worked per
Latina women. Women cannot—and should INTERNATIONAL BROTHERHOOD week, rate of leaving the workforce,
not—wait that long for pay equity. It is time OF TEAMSTERS, and industry and occupation are con-
to clarify and strengthen existing federal Washington, DC, April 13, 2021. sidered.
protections for women in the workforce by HOUSE OF REPRESENTATIVES, A 2020 study by compensation soft-
passing the Paycheck Fairness Act. We urge Washington, DC.
you to vote in support and opposed harmful ware company PayScale found that
DEAR REPRESENTATIVE: On behalf of the
amendments. more than 1.4 million members of the Inter- when controlling for job title, years of
Ms. FOXX. Mr. Speaker, I yield 1 national Brotherhood of Teamsters, I urge experience, industry, location, and
minute to the gentleman from Wis- you to support fundamental fairness by com- other compensable factors, women
consin (Mr. FITZGERALD). bating wage discrimination on the basis of earned 98 percent as much as men.
Mr. FITZGERALD. Mr. Speaker, I sex by passing H.R. 7, the Paycheck Fairness A 2009 study commissioned by the
rise today in opposition to H.R. 7. Act. I urge you to vote yes on H.R. 7 and to U.S. Department of Labor found a gen-
This bill is a solution in search of a pass the Paycheck Fairness Act without any der wage gap of between 4.8 and 7.1 per-
weakening amendments. cent when controlling for economic
problem, and it does nothing to help The Paycheck Fairness Act would address
employees. In reality, the bill would the persistent wage gap based on sex by variables between men and women.
only boost paychecks for trial lawyers eliminating loopholes that hinder the effec- A 2018 Harvard study found that the
and not workers. tiveness of the Equal Pay Act of 1963. H.R. 7 gap in pay between female and male
H.R. 7 places unworkable, burden- would update and strengthen the Equal Pay bus and train operators working for the
some restrictions on employers, and Act in important ways. The bill closes loop- Massachusetts Bay Transportation Au-
also poses a threat to worker privacy. holes that have allowed employers to pay thority, MBTA, can be explained by the
Even more, this bill would kill the women less than men for the same work workplace choices that women and
without any important business purpose re-
Christmas bonus by effectively prohib- men make rather than other factors,
lated to the job. It would require employers
iting employers from paying end-of- to demonstrate that wage gaps are truly the such as discrimination. The study
the-year bonuses to their employees. result of factors other than gender. Impor- found that the earnings gap for MBTA
This hardly seems fair to an employee, tantly, it would prohibit retaliation against bus and train operators is explained by
despite the title of the bill. workers who share salary information or in- the fact that the male operators took
Republicans tried to strengthen the quire about their employer’s wage practices. 48 percent fewer unpaid hours off and
bill during the committee markup. My H.R. 7 would also bring the remedies and pro- worked 83 percent more overtime hours
colleague, Ms. STEFANIK, offered an cedures of the Equal Pay Act into conform- per year than the female operators.
amendment that would have made ance with those available for other civil
I want to point out that I am giving
rights claims. The Paycheck Fairness Act
commonsense improvements to the holds employers accountable for pay discrep- you facts here, Mr. Speaker, facts.
text, but that amendment was rejected ancies between their male and female em- These differences are not due to any
by the Democrats. ployees while strengthening incentives to different work options faced by female
I urge a ‘‘no’’ vote on the bill. We prevent pay discrimination. And, it would and male operators. Rather, the study
should not allow trial lawyers and bur- preclude pay discrimination from following found that the female operators had a
densome restrictions to kill the Christ- women from job to job. greater demand for workplace flexi-
mas bonus under the false guise of fair- While some progress has been made since bility and a lower demand for overtime
ness. the passage of the Lilly Ledbetter Fair Pay
work hours than the male operators.
Act of 2009, the wage gap still persists, and
Mr. SCOTT of Virginia. Mr. Speaker, Pay discrimination is wrong and al-
disparities are evident at every educational
this bill will prohibit paying all the level. Nationally, women still earn only 82 ready illegal. We probably cannot say
men a bonus and none of the women a cents for every dollar earned by their male that enough. Any new legislation to
bonus, although they have produced colleagues. For women of color, the wage combat pay discrimination should be
equally for the business. gaps are even larger. based on facts, not supposition, not
I yield 1 minute to the gentlewoman Passage of the Paycheck Fairness Act will projection. The facts seem to be sorely
from Georgia (Mrs. MCBATH), a distin- provide women and all other workers the missing from this debate.
guished member of the Committee on tools necessary to challenge discrimination
against them. It is an important step in
Mr. Speaker, I reserve the balance of
Education and Labor. my time.
making real progress in the fight to elimi-
Mrs. MCBATH. Mr. Speaker, I rise nate the gender wage gap and to provide eco- Mr. SCOTT of Virginia. Mr. Speaker,
today in support of the Paycheck Fair- nomic, and retirement, security to women I yield 1 minute to the gentleman from
ness Act. and their families. New York (Mr. ESPAILLAT), a distin-
I want to commend Chairwoman It is well past the time to end pay dis- guished member of the Committee on
ROSA DELAURO for her extraordinary crimination in the workplace. The Team- Education and Labor.
efforts and commend Chairman SCOTT sters Union urges you to reject weakening Mr. ESPAILLAT. Mr. Speaker, before
for bringing this timely policy to fru- amendments and to vote yes on final passage
of the Paycheck Fairness Act.
I begin, I include in the RECORD a let-
ition. ter from the Equal Rights Advocates in
Sincerely,
I am proud to be an original cospon- JAMES P. HOFFA, support of H.R. 7.
sor of the Paycheck Fairness Act. I General President. EQUAL RIGHTS ADVOCATES,
think most of us can agree that every Mrs. MCBATH. Mr. Speaker, the gen- April 14, 2021.
American should earn equal pay for der gap is clear, and the Paycheck Re Pass the Paycheck Fairness Act (H.R. 7)
equal work. Fairness Act will address this dis- and vote no on harmful amendments.
This legislation takes meaningful parity. Not only will this legislation DEAR REPRESENTATIVE: As the House votes
steps toward ensuring that every help women in Georgia, but it will help on the Paycheck Fairness Act (H.R. 7), Equal
American, regardless of gender, re- families across the Nation. Rights Advocates strongly urges you to pass
ceives fair compensation for their the Paycheck Fairness Act, H.R. 7, without
work. b 1300 amendments that limit its scope or under-
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We have seen over the course of the Ms. FOXX. Mr. Speaker, I yield my- mine its critical protections.
Equal Rights Advocates (ERA) is a na-
COVID–19 pandemic that essential self such time as I may consume. tional, non-profit legal organization based in
workers are the lifeblood of our soci- Mr. Speaker, proponents of H.R. 7 San Francisco, California, whose mission is
ety. We have seen women on the claim that despite current prohibitions to protect and expand economic and edu-
frontlines in the hospital, in the class- against pay discrimination, female cational access and opportunities for women
room, and at our essential retail workers are still paid, on average, con- and girls. We have a long history of working
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April 15, 2021 CONGRESSIONAL RECORD — HOUSE H1807
to address pay discrimination and to close ending the practice of pay secrecy, the Pay- unpaid care work than men, and this respon-
the gender wage gap. We have litigated nu- check Fairness Act would make it harder for sibility has heightened since the pandemic
merous cases relating to pay discrimination employers to keep pervasive practices of pay given school and childcare closures, and in-
and regularly provide information and re- discrimination hidden. creased care needs for elderly relatives.’’
sources to employees who contact our free In addition, the Paycheck Fairness Act Women who are able to remain in the work-
legal information hotline regarding unlawful would also prohibit employers from relying force, however, are still paid less than their
gender and race-based pay disparities. on salary history when setting the wages of male colleagues, especially Black women and
We also advocate for various bills at the their employees. This provision is critical as women of color. COVID–19 has exacerbated
state-level to ensure economic and gender the practice of relying on prior salary can these long-standing gender and racial inequi-
justice for women and families. Most re- lead to a single act of pay discrimination fol- ties. Now, more than ever, elected officials
cently, ERA has co-sponsored SB 973 (Jack- lowing a woman throughout her career. One must recognize these disparate impacts and
son, 2020) which requires California employ- year out of college, women are already earn- deliver solutions to American women.
ers with 100 employees or more to submit an ing 7 percent less than their male colleagues, Without continued efforts to provide
annual pay data report to the Department of even after controlling for factors such as col- women with the tools to challenge and un-
Industrial Relations outlining the compensa- lege major, occupation, or hours worked. If a earth pay discrimination and provisions to
tion and hours worked of its employees by woman’s prior salary is used by future em- keep employers from perpetuating persistent
gender, race, ethnicity, and job category. ployers, the gender pay gap will continue to inequalities, the gender pay gap will not
This allows state agencies to more effi- persist as a depressed past salary continues close. The Paycheck Fairness Act is an im-
ciently identify patterns of wage disparities to be used to determine future wages. Pro- portant step on the path towards a future
and encourages employers to analyze their hibiting employer reliance on salary history where women can stand on equal economic
own pay practices to ensure they are fair and will help stop the perpetuation of unequal footing to their male counterparts.
lawful. Additionally, ERA co-sponsored the pay. For these reasons, we are proud to support
California Fair Pay Act, SB 358, (Jackson, Another crucial provision in this version of the Paycheck Fairness Act and urge you to
2016) which amended and strengthened our the Paycheck Fairness Act is the commit- pass the Paycheck Fairness Act.
state’s Equal Pay Act to prohibit employer ment to pay data collection. As mentioned JESSICA STENDER,
secrecy rules, clarify that workers must be above, ERA fought for pay data collection at Senior Counsel,
paid equally to coworkers of another sex who the California state-level and secured this Workplace Justice & Public Policy.
perform substantially similar work, unless via SB 973 (Jackson, 2020). The need to en- Mr. ESPAILLAT. Mr. Speaker, it
the employer proves that the disparity was sure equal pay is now more apparent than should offend every one of us that
due to a legitimate, job-related, bona fide ever during the current COVID–19 health and there remains a pay gap between men
factor not based on or derived from sex. We economic crisis, which has exposed the last- and women for the same work.
also cosponsored AB 168 (Eggman, 2017) ing harm of unequal pay and other contribu- Women of color, in particular—Afri-
which prohibits California employers from tors to economic security on women, and in can-American women, Latina women,
inquiring about prior salary and requires particular, women of color. Pay data collec-
them to provide the pay Scale for a position tion helps uncover pay discrimination, which
Native American women, AAPI
in question upon reasonable request and AB is a major contributor to the overall gender women—are making as low as 52 cents,
2282 (Eggman, 2018) which clarified that prior and race-based wage gaps. Mr. Speaker, for every dollar for the
salary cannot be used on its own, or in com- Recognizing that pay discrimination is dif- same job and work by a man.
bination with a lawful factor, to justify a ficult to detect and address, the Obama Ad- This is a travesty.
wage differential under the California Equal ministration announced a proposed revision Let’s make our communities strong-
Pay Act. Finally, ERA also chairs Equal Pay to the Employer Information Report (EEO–1) er. Let’s make our economy stronger.
Today, a national collaboration of organiza- to include the reporting of pay data by gen- In Harlem, East Harlem, northern
tions working at the local, regional, and fed- der, race and ethnicity beginning in 2018. For Manhattan, and the northwest Bronx,
eral level to close the gender wage gap. more than 50 years, large companies have women of color are the majority of
Today in the United States, despite the been submitting these EEO–1 reports with workers. I can’t go back home to my
passage of previous equal pay legislation, in- demographic information to the Equal Em-
district and say that somehow they are
cluding the critically important Lily ployment Opportunity Commission (EEOC).
Ledbetter Fair Pay Act, the gender pay gap This data has helped the agency to identify working the same as men, or maybe
remains pervasive. Women, even those who patterns of occupational segregation and dis- more, in many cases, and are making
work full-time and year round, still only crimination and enforce federal equal pay less.
earn 80 cents to a man’s dollar. This gives and anti-discrimination law. However, the I support H.R. 7, the Paycheck Fair-
rise to a nationwide pay gap of $900 billion Trump Administration put a halt to the im- ness Act, because we need to bring fair-
every year. For women of color, the pay gap plementation of this new rule, dealing a sig- ness into the discussion. Let’s make
is even larger. For every dollar earned by a nificant blow to the fight for equal pay. our communities stronger. Let’s make
non-Hispanic white man, Latina women earn The Paycheck Fairness Act would also our economy stronger.
only 53 cents, Native American women only close loopholes that allow employers to pay Gender-based pay discrimination
58 cents, and Black women only 61 cents. women less without a legitimate business
justification and would provide the same ro-
should not be something we are still
These large pay gaps, although of varying
sizes across demographics of women, prove bust remedies for sex-based pay discrimina- discussing now in 2021.
harmful to the economic security of women tion as race and ethnicity based discrimina- The Paycheck Fairness Act will put
and families across the country. The nega- tion. It would also require wage data collec- everyone on the line to make sure that
tive economic consequences of these gender tion and support salary negotiation skills we are all doing our best to ensure fair
pay gaps are especially pronounced as training programs to give women the tools and equitable pay.
‘‘mothers are primary or sole breadwinners to advocate for higher wages. Salary nego- Closing the pay gap will make women
in half of U.S. households with children.’’ Of tiation workshops have been shown to be and families financially stronger.
these female-headed households, one-quarter highly effective. For example, in a study Mr. Speaker, let’s make our commu-
of them fall below the poverty line. conducted following the free salary negotia- nities stronger. Let’s make our econ-
As it stands, the gender and race pay gaps tion workshops put on by the city of Boston, omy stronger.
are closing at a glacial pace. At current the Center for Women in Politics and Public Ms. FOXX. Mr. Speaker, I reserve the
rates, the gender wage gap will not close Policy at the University of Massachusetts
until 2059. For women of color, the picture is Boston found that nearly half of the women
balance of my time.
even bleaker. It will not be until 2124 that who were interviewed had either successfully
Mr. SCOTT of Virginia. Mr. Speaker,
Black women receive equal pay to white men negotiated a pay raise or starting salary I yield 1 minute to the gentlewoman
and not until 2233 that Latinas receive the that brought them either to or above the from California (Ms. SPEIER), the co-
same. Now is the time for action. market rate following the training. chair of the Democratic Caucus.
The Paycheck Fairness Act is an impor- As the bill states, these continuing pay Ms. SPEIER. Mr. Speaker, I include
tant step in accelerating the closing of the disparities have devastating impacts on in the RECORD a letter titled ‘‘Support
gender pay gap. Among many provisions, the women, especially women of color. Over the the Paycheck Fairness Act’’ written by
Paycheck Fairness Act would bar retaliation course of the COVID–19 pandemic, research- The Leadership Conference on Civil
for discussing or disclosing wages. According ers have found this to be even more true.
and Human Rights.
to the Institute for Women’s Policy Re- Since last February, 2.4 million women have
THE LEADERSHIP CONFERENCE
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search, across the country, about half of exited the workforce, or, been pushed out of
workers were prohibited or strongly discour- the workforce, highlighting a dramatic re- ON CIVIL AND HUMAN RIGHTS,
aged from disclosing their wages to other gress for gender equity. More and more April 14, 2021.
employees. Yet, when an individual is unable women are forced to stay home in order to SUPPORT THE PAYCHECK FAIRNESS ACT, H.R.
to discuss wages with other employees, it be- care for children and loved ones while men 7—VOTE NO ON HARMFUL AMENDMENTS
comes exceedingly difficult to determine if continue to work. Before the pandemic, DEAR REPRESENTATIVE: On behalf of The
one is making less than one’s colleagues. By ‘‘women did, on average, three times more Leadership Conference on Civil and Human
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H1808 CONGRESSIONAL RECORD — HOUSE April 15, 2021
Rights, a coalition charged by its diverse Women and their families can no longer be have proved more effective in eradicating
membership of more than 220 organizations shortchanged. Given the importance of this workplace discrimination.
to promote and protect the rights of all per- bill, we urge representatives to pass H.R. 7 We would like to respond to some per-
sons in the United States, we urge you to without amendments that limit the bill’s sistent misperceptions regarding this impor-
vote for the Paycheck Fairness Act, H.R. 7, scope or undermine its protections. tant legislation:
without amendments that limit its scope or Sincerely, Enactment of this bill will not compel
undermine its critical protections. The Pay- WADE HENDERSON, businesses to pay their female workforce
check Fairness Act is a priority of The Lead- Interim President and substantially more money to eliminate the
ership Conference, and we will include your CEO. existing wage gap. The purpose of this bill is
vote on final passage in our Voting Record LASHAWN WARREN, to update the Equal Pay Act, which only ap-
for the 117th Congress. Executive Vice Presi- plies in situations where women or men are
Gender-based pay discrimination com- dent for Government receiving unequal pay for equal work. It does
promises the economic security of millions not create a new mandate. Employers al-
Affairs.
of women in the United States—and for ready have a legal obligation to pay men and
women of color, the harm is exacerbated by Ms. SPEIER. Mr. Speaker, for a quar- women equal wages for equal work unless
their experience of both race- and gender- ter of a century, Chairwoman DELAURO there is a legitimate reason for the differen-
based wage disparities. Women working full- has been trying to get this bill passed. tial.
time, year-round in the United States are She is sick and tired, I am sick and Enactment of this bill will not interject
typically paid about 82 cents for every dollar the government into the pay decisions of
tired, and American women are sick businesses. The Paycheck Fairness Act does
paid to men, adding up to a loss of more than
$400,000 over a lifetime. Black women are
and tired of being treated like second- not tell employers what factors to use to set
typically paid only 63 cents for every dollar class citizens. pay; it only requires that pay decisions are
paid to non-Hispanic white men, while Na- Imagine if the women here in Con- job- and business-related.
tive American women are paid only 60 cents, gress were being paid 60, 70, or 80 per- Enactment of this bill will not make em-
Latinas are paid just 55 cents, and women in cent of what our male colleagues are ployers liable for any and every wage dif-
certain Asian American and Pacific Islander ferential. An employer will still have four af-
making. Do you think we would put up
communities are paid as little as 52 cents. firmative defenses and will not be guilty of
with it? Of course not. Somehow, wage discrimination if a pay differential is
Research shows that the gender pay gap oc-
curs across almost all occupations and indus- American women are expected to put based on (i) seniority, (ii) merit, (iii) a sys-
tries, develops very early in women’s ca- up with that. tem that measures quantity or quality of
reers, and grows over time. Do you want facts? Ask about Ms. production, or (iv) a ‘‘factor other than sex.’’
Action to close the wage gap is long over- Rexroat, from the State of Arizona, 29 U.S.C. 206(d)(l). The only difference is that
due, but in light of the current economic cri- who was paid less than her colleague Paycheck Fairness Act will resolve uncer-
sis, it is even more critical that Congress act tainty in the law over how to apply the
because they decided that they would fourth defense by redefining it as ‘‘a bona
now to strengthen protections against pay
discrimination, both as a matter of economic
base her salary on what she was mak- fide factor other than sex, such as education,
security and fundamental fairness. The loss ing before, as opposed to the job at training, or experience.’’
of income and savings from the wage gap has hand. Enactment of a provision to clarify the
exacerbated the harmful effects of the We have a problem, Mr. Speaker. ‘‘factor other than sex’’ defense will not evis-
COVID–19 pandemic for women of color and This has been going on for way too cerate legitimate use of the defense. It is in-
their families. Black and Brown women have tended to prevent employers from asserting
long. It is time for us to fix it for all
been overrepresented in ‘‘frontline’’ jobs dur- that unequal pay was the result of market
the women and children in this country force-derived excuses such as prior salaries
ing the pandemic—many in low-paid jobs at
high risk of exposure to COVID–19 and with- who want to be paid equally for equal or negotiation outcomes. A bona fide factor
out benefits like paid leave and employer- work so that they have money for other than sex must be job-related, con-
sponsored health insurance—but they are childcare, rent, food, and education. sistent with business necessity, and account
paid less than non-Hispanic white men in the Ms. FOXX. Mr. Speaker, I reserve the for the entire differential in compensation at
same jobs. Already struggling to make ends balance of my time. issue. The only time this defense would not
meet, women of color in low-pay jobs must apply would be in situations where an alter-
Mr. SCOTT of Virginia. Mr. Speaker,
also endure pay discrimination that artifi- native employment practice is available that
I yield 1 minute to the gentlewoman would serve the same business purpose with-
cially reduces their overall earnings, making
it even less likely for women of color to from the District of Columbia (Ms. out producing the wage differential and the
amass the financial resources to withstand a NORTON), the previous head of the employer has refused to adopt it.
health emergency and putting entire fami- EEOC. Enactment of this bill will not encourage
lies at risk of economic insecurity. Almost 75 Ms. NORTON. Mr. Speaker, I include more lawsuits and jeopardize post-pandemic
percent of Black mothers and more than 45 in the RECORD a letter from the Amer- economic recovery. The bill is designed re-
percent of Latina mothers were bread- solve uncertainties in the law and increase
ican Bar Association supporting pas- employer compliance with the Equal Pay
winners in their families in 2018. At the same sage of the Paycheck Fairness Act.
time, Black and Brown women have faced Act, not to encourage more lawsuits.
staggering job losses during the pandemic. AMERICAN BAR ASSOCIATION, The bill’s strengthened remedies, which
The unemployment rate for Black women April 13, 2021. align with those available in other employ-
reached 17.4 percent in May 2020, for exam- Re ABA Urges Passage of the Paycheck Fair- ment discrimination statutes, will encourage
ple, and Latinas experienced the highest un- ness Act. employers to review their wage-setting prac-
employment rate of any group during the DEAR REPRESENTATIVE: On behalf of the tices and rectify those that are based on in-
pandemic, at more than 20 percent in April American Bar Association (ABA), the largest valid justifications. Men and women who are
of last year. The unemployment rate for paid fairly have no incentive to jeopardize
voluntary association of lawyers and legal
Black women and Latinas remains excep- their jobs and subject themselves to costly,
professionals in the world. I am writing to
tionally high. time-consuming, and emotionally taxing
urge you to vote for passage of the Paycheck
The Paycheck Fairness Act would update lawsuits brought against their employers.
Fairness Act, which would update the Equal The bill’s clarification of the ‘‘factor other
and strengthen the Equal Pay Act of 1963 to Pay Act of 1963 enacted by Congress almost
provide more effective protection against than sex’’ defense will not spawn new litiga-
60 years ago to prohibit gender-based pay in- tion. Instead, it will provide guidance to the
sex-based pay discrimination. The Paycheck equality. This legislation, which is expected
Fairness Act would: courts and resolve uncertainty in the law.
to come to the floor this week, has the sup- The standard, which is adapted from Title
Prohibit retaliation against workers who
port of working men and women across the VII discrimination cases and codified in the
discuss or disclose wages;
Prevent employers from relying on salary country who want this nation to live up to Civil Rights Act of 1991, is one with which
history to determine future pay so that pay its expressed commitment to equal pay for courts already are familiar.
discrimination does not extend from job to equal work. The bill will help strengthen the economy
job; The Equal Pay Act of 1963 prohibits an em- by improving the present and future eco-
Close loopholes in the Equal Pay Act that ployer from paying unequal wages to male nomic welfare of working women, who com-
have allowed employers to pay women less and female workers who perform jobs under prise about one-half of the workforce and are
than men for the same work without any similar work conditions that require sub- the primary breadwinner in more than 12
business necessity related to the job; stantially equal skill, effort, and responsi- million American families.
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Ensure that women can obtain the same bility unless there is a legitimate reason for We urge you to demonstrate your commit-
remedies for sex-based pay discrimination as a pay differential. ment to equal pay for equal work by voting
those available to people subjected to dis- The Paycheck Fairness Act does not alter for the Paycheck Fairness Act.
crimination based on race and ethnicity; the basic scheme of this statute or impose Thank you for your consideration of our
Provide for much-needed training and unreasonable burdens on employers; indeed, views.
technical assistance and require wage data the majority of its proposed changes are bor- Sincerely,
collection. rowed from other civil rights statutes that PATRICIA LEE REFO.
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April 15, 2021 CONGRESSIONAL RECORD — HOUSE H1809
Ms. NORTON. Mr. Speaker, I am daughters who earn about 82 cents on sure that it provides robust protection
pleased to strongly support H.R. 7, the the dollar for every dollar a man earns. against sex-based pay discrimination. Among
Paycheck Fairness Act, a critically im- It is about mothers and daughters who other provisions, this comprehensive bill:
ends secrecy around pay by barring retalia-
portant bill. lose about $1 trillion a year because of tion against workers who voluntarily discuss
As the first woman to chair the U.S. the wage gap. or disclose their wages, and requiring em-
Equal Employment Opportunity Com- For those men who don’t have a real- ployers to report pay data to the EEOC
mission, I enforced the Equal Pay Act. ly good reason to vote for it, it is about prohibits employers from relying on salary
I particularly appreciate that H.R. 7 the fact that a woman gave birth to history in determining future pay, so that
would bring long-awaited strength to every man alive. So for all of the suf- pay discrimination does not follow women
the EPA. fering, we ought to vote for this bill, from job to job
I especially appreciate that Congress- closes loopholes that have allowed employ-
because we are here as a result of some
woman ROSA DELAURO, a great cham- ers to pay women less than men for the same
woman suffering for us. work without any important business jus-
pion for equal pay, has included my At this time, I include in the RECORD tification related to the job
Pay Equity for All Act in H.R. 7, where a letter from the National Committee ensures women can receive the same ro-
I will focus today. on Pay Equity. bust remedies for sex-based pay discrimina-
The Pay Equity for All Act would tion that are currently available to those
NATIONAL COMMITTEE
prohibit employers from asking job ap- ON PAY EQUITY, subjected to discrimination based on race
plicants their salary history. Even April 14, 2021. and ethnicity
though many employers may not in- Re Pass the Paycheck Fairness Act (H.R. 7) provides much needed training and tech-
tentionally discriminate against appli- and vote no on harmful amendments. nical assistance, as well as data collection
cants or employees based on gender, and research
DEAR REPRESENTATIVE: As the House votes The COVID–19 pandemic and systemic rac-
race, or ethnicity, setting wages based on the Paycheck Fairness Act (H.R. 7), the ism have exposed how the work performed
on salary history is routinely done in National Committee on Pay Equity (NCPE) primarily by women, and particularly Black
the workplace and can reinforce the strongly urges you to pass the Paycheck and brown women, has long been and con-
wage gap. Evidence clearly shows that Fairness Act, H.R. 7, without amendments tinues to be undervalued and underpaid, even
members of historically disadvantaged that limit its scope or undermine its critical as the rest of the country is newly recog-
protections.
groups often start their careers with nizing the essential nature of this work. We
The National Committee on Pay Equity cannot build back an economy that works
unfair and artificially low wages com- (NCPE), founded in 1979, is a coalition of
pared to their White male counter- for everyone without ensuring that all
women’s and civil rights organizations; labor women can work with equality, safety, and
parts, and these disparities are com- unions; religious, professional, and edu- dignity, starting with pay equity. Passing
pounded from job to job. cational associations, commissions on the Paycheck Fairness Act would mark a vi-
Job and salary offers should be based women, state and local pay equity coalitions tally important step toward ensuring this
on an applicant’s skill and merit, not and individuals working to eliminate sex- becomes reality.
on salary history. This bill addresses and race-based wage discrimination and to We urge you to pass the Paycheck Fairness
this problem by assessing penalties achieve pay equity. These pay gaps can be Act without harmful amendments that
addressed only if workers have the legal weaken its critical protections.
against employers who ask applicants
tools necessary to challenge discrimination Sincerely,
for their salary history during the and employers are provided with effective in-
interview process. CAROLYN YORK,
centives and technical assistance to comply Secretary-Treasurer,
Ms. FOXX. Mr. Speaker, I yield my- with the law. The Paycheck Fairness Act is National Committee on Pay Equity.
self such time as I may consume. one of these urgently required tools.
Mr. Speaker, H.R. 7 requires that the Despite federal and state equal pay laws, Ms. FOXX. Mr. Speaker, I reserve the
employer defense must be consistent gender pay gaps persist, and earnings lost to balance of my time.
with ‘‘business necessity,’’ a broad and these gaps are exacerbating the financial ef- Mr. SCOTT of Virginia. Mr. Speaker,
ill-defined term. fects of COVID–19, falling particularly heav- I yield 1 minute to the gentlewoman
We don’t know how the courts will ily on women of color and the families who from Illinois (Ms. SCHAKOWSKY).
depend on their income. The Paycheck Fair- Ms. SCHAKOWSKY. Mr. Speaker,
interpret this sweeping requirement,
ness Act, which has been passed three pre- this year marks the 58th anniversary of
but we do know the dictionary says it vious times by the House of Representatives,
means ‘‘absolutely essential’’ or ‘‘indis- the Equal Pay Act. Despite the goal to
mostly recently in the 116th Congress, offers
pensable.’’ a much-needed update to the Equal Pay Act ensure equality for women in the work-
How can an employer prove that any of 1963 by providing new tools to battle per- place, nearly 60 years later, the pay
one factor determining employee pay vasive pay gaps and to challenge discrimina- gap still exists.
could rise to the level to be necessary tion. Women today, on average, make 82
for the survival of the business? Women are increasingly the primary or co- cents for every dollar earned by a man.
Proponents of H.R. 7 will argue this breadwinner in their families and cannot af- For women of color, the disparity is
phrase has been adopted from title VII, ford to be shortchanged any longer. Women worse, with Black women making 63
working full-time, year-round are typically
as amended by the 1991 Civil Rights cents on the dollar, AAPI women mak-
paid only 82 cents for every dollar paid to
Act, but the phrase has spawned end- men, adding up to a loss of more than ing 60 cents, and Latinas making 55
less litigation because of its lack of $400,000 over a lifetime. This wage gap varies cents.
clarity. Anyone who thinks this con- by race and is larger for many women of This disparity is unacceptable, and it
cept is simple and can just be carried color: Black women working full time, year is unfair.
over from title VII is either naive or round typically make only 63 cents, Native Let us come together right now to
has been misled. American women only 60 cents, and Latinas pass H.R. 7, the Paycheck Fairness Act.
Further, the dubious concept of busi- only 55 cents, for every dollar paid to their When women get equal pay, our fami-
ness necessity was developed under white, non-Hispanic male counterparts. lies and our entire economy will do
Latinas lose more than $1 million over a 40-
controversial so-called disparate im- better.
year career due to the wage gap. While Asian
pact analysis and cannot simply be American and Pacific Islander (AAPI)
I include in the RECORD a letter from
slapped onto the Equal Pay Act, espe- women make 85 cents for every dollar paid to the United Church of Christ in favor of
cially where, as mandated by H.R. 7, white, non-Hispanic men, many AAPI com- H.R. 7.
damages are unlimited. In contrast, munities experience drastically wider pay UNITED CHURCH OF CHRIST
under title VII, in disparate impact gaps. And even when controlling for factors, DEAR REPRESENTATIVE: We are writing to
cases, damages are limited to backpay such as education and experience, pay gaps ask for your support in passage of the Pay-
and benefits. persist and start early in women’s careers check Fairness Act (H.R. 7), and to ensure
Mr. Speaker, I reserve the balance of and contribute to a wealth gap that follows that passage in the House is done without
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them throughout their work lives and into amendments that diminish the protections
my time. retirement. Persistent pay discrimination, provided by the bill.
Mr. SCOTT of Virginia. Mr. Speaker, often cloaked by employer-imposed pay se- There is ample evidence to show that de-
I yield 1 minute to the gentleman from crecy policies, is one factor driving these spite equal pay laws, the gender pay gap ex-
Texas (Mr. GREEN). wage gaps. ists. These lost earnings add up to a loss of
Mr. GREEN of Texas. Mr. Speaker, The Paycheck Fairness Act updates and over $400,000 in a lifetime. The wage gap is
this bill is really about mothers and strengthens the Equal Pay Act of 1963 to en- even more significant for women of color
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H1810 CONGRESSIONAL RECORD — HOUSE April 15, 2021
with Black women working full time making dress pay discrimination and support disparities in our country. While we all
only 63 cents for every dollar paid to men, women in the workplace. The Wage Eq- struggle to survive, we are relying heavily
Native American women only 60 cents, and uity Act protects workers’ privacy by on the work performed by essential workers
Latinas only 55 cents, for every dollar paid who are disproportionately Black and brown
encouraging voluntary pay analysis women. Yet their work has long been and
to their white, non-Hispanic male counter-
parts. while bolstering women’s employment continues to be undervalued and underpaid.
As people of faith, we believe that each through the creation of a grant pro- At the same time, in 2020, American women
person deserves to be treated with dignity gram for women in college or career lost more than 5 million jobs. Women ac-
and humanity. When women are paid less for and technical programs to provide ne- counted for 100% of the jobs lost last Decem-
the same work that is a concrete and explicit gotiation skills education. ber—all 140,000 of them—and women of color
way of showing that their work and I urge my colleagues to oppose H.R. 7 made up an overwhelming share of those
personhood are valued less. Passage of the and work with Republicans on mean- jobs. This massive job loss coupled with the
Paycheck Fairness Act will strengthen and ingful legislation to ensure all workers consistent undervaluing of women’s work
update the Equal Pay Act and provide compounds over time and results in signifi-
have the opportunity and wages they cant lost earnings. As a result, women do not
women with the legal means to fight the
gender pay gap and challenge gender pay dis- deserve. have a financial cushion to help weather the
crimination. b 1315 current economic crisis or the ability to
The work done by women, and particularly build wealth, all of which contribute to ra-
Black and brown women, is undervalued and Mr. SCOTT of Virginia. Mr. Speaker, cial and gender wealth gaps that create bar-
underpaid. Even though much of that labor could you advise us how much time is riers to families’ economic prosperity. We
is what keeps people fed, clothed, and cared available on each side? cannot build back our economy without im-
for. The work of women, so important to how The SPEAKER pro tempore. The gen- mediately addressing these realities. And
a society functions is always relegated to tleman from Virginia has 141⁄4 minutes women and their families cannot afford to
less pay and less value. This is a gross injus- remaining. The gentlewoman from wait any longer for change.
tice—and part of the systemic racist struc- North Carolina has 111⁄2 minutes re- To appropriately respond to the crises we
tures that undergird the economic system in maining. are currently experiencing we must make
the United States. God’s vision for our world Mr. SCOTT of Virginia. Mr. Speaker, real, concrete progress in ensuring all
is one where all are valued, no matter their women receive fair pay. While the gap has
I yield 1 minute to the gentlewoman narrowed since passage of the Equal Pay Act
gender, race, or credo.
We urge you to pass the Paycheck Fairness from Oregon (Ms. BONAMICI), the chair of 1963, progress has largely stalled in recent
Act without harmful amendments that of the Subcommittee on Civil Rights years. Data from the U.S. Census Bureau
weaken its critical protections. and Human Services. once again revealed that women working
THE UNITED CHURCH OF CHRIST Ms. BONAMICI. Mr. Speaker, I rise in full-time, year-round are typically paid only
JUSTICE AND WITNESS MINISTRIES strong support of the Paycheck Fair- 82 cents for every dollar paid to men. The
Ms. FOXX. Mr. Speaker, I yield 2 ness Act. pay gaps are even wider for women of color.
minutes to the gentleman from Geor- The Equal Pay Act has been the law Black women and Latinas make, respec-
for more than half a century, but, in tively, 63 and 55 cents on the dollar as com-
gia (Mr. ALLEN). pared to non-Hispanic, white men. Action is
Mr. ALLEN. Mr. Speaker, we all 2021, equal pay for equal work is still
required now: at the current rate, the overall
agree that every American should be not a reality for many women, espe-
pay gap between men’s and women’s earn-
compensated for the quality of their cially women of color. This is an injus- ings will not close until 2093 and it will take
work and not face discrimination in tice to millions of working families. significantly longer for women of color to
the workplace based on race, color, na- Closing the wage gap is an economic reach parity.
tional origin, religion, or sex. imperative. Research indicates that the gender pay gap
That is why Congress passed the Last month, I was honored to chair develops very early in women’s careers. Con-
the hearing on persistent gender-based trolling for factors known to affect earnings,
Equal Pay Act in 1963 and broader non-
wage discrimination. We heard wit- such as education and training, marital sta-
discrimination laws under title VII of tus, and hours worked, research finds that
the Civil Rights Act the following year. nesses describe the barriers to detect-
college-educated women still earn 7 percent
However, unlike those bills, H.R. 7 of- ing wage discrimination and holding less than men just one year out of college.
fers no new protections. It is simply a employers accountable. Most impor- Over time, the gap compounds and widens,
messaging bill to score political points. tantly, we heard how the Paycheck impacting women’s social security and re-
What will the bill actually do? For Fairness Act can address the problem- tirement. Ensuring that women have equal
job creators, they can expect more law- atic loopholes in the current law, em- pay would have a dramatic impact on fami-
suits and more regulatory burdens. power workers to better detect and lies and the economy. According to a report
While limiting legal options for combat wage discrimination, and cre- from the Institute for Women’s Policy Re-
ate mechanisms for better pay data search (IWPR), the poverty rate for all work-
women by changing EPA class action
transparency. ing women would be cut in half, falling from
lawsuits from an opt-in system to a 8.0 percent to 3.8 percent if women were paid
mandatory opt-out system, H.R. 7 al- By advancing the Paycheck Fairness
the same as comparable men. The same
lows trial lawyers to pursue unlimited Act, we can restore the original intent study indicates that the U.S. economy would
compensatory damages, making it of the Equal Pay Act and finally make have produced an additional $512.6 billion in
nearly impossible for employers to de- equal pay for equal work a reality. I income if women had received equal pay for
fend against frivolous lawsuits. thank Congresswoman DELAURO for equal work. This is why I urge you to pass
Additionally, it requires employers her steadfast leadership. I urge my col- this important bill.
leagues to support this bill. The Paycheck Fairness Act would update
to make intrusive data disclosures to
Mr. Speaker, I include in the RECORD and strengthen the Equal Pay Act of 1963 to
the Equal Employment Opportunity ensure that it provides effective protection
Commission regarding the sex, race, a letter in support of the Paycheck
against sex-based pay discrimination in to-
and national origin of employees and, Fairness Act from the American Asso- day’s workplace.
for the first time, the hiring, termi- ciation of University Women. The bill takes several important steps, in-
nation, and promotion data of those AAUW, cluding:
employees, ultimately posing a threat April 14, 2021. Guaranteeing Non-Retaliation: The bill
DEAR REPRESENTATIVE: On behalf of the prohibits retaliation against workers for dis-
to workers’ privacy. more than 170,000 members and supporters of cussing or disclosing wages. Without the
The compliance costs to satisfy these the American Association of University non-retaliation provisions of the Paycheck
requirements can total more than $600 Women (AAUW), I urge you to vote in sup- Fairness Act, many women will continue to
million a year. We have already seen a port of the Paycheck Fairness Act (H.R. 7) be silenced in the workplace—that is, prohib-
number of small businesses forced to and to oppose harmful amendments when the ited from talking about wages with cowork-
close this year because of COVID bill comes to the House floor this week. De- ers without the fear of being fired. This is an
lockdowns, and now my Democratic spite federal and state equal pay laws, gen- issue that keeps women—like it kept Lilly
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colleagues want to impose more regu- der pay gaps persist. The Paycheck Fairness Ledbetter—from learning of the pay dis-
Act offers a much needed update to the crimination against them.
latory burdens on businesses that were Prohibiting Reliance on Prior Salary His-
Equal Pay Act of 1963 by providing new tools
lucky enough to survive. to battle these pervasive pay gaps and to tory: The bill prohibits employers from rely-
Thankfully, my colleague from New challenge discrimination. ing on salary history in determining future
York, Congresswoman ELISE STEFANIK, The dual crises of a global pandemic and pay, so that prior discrimination doesn’t fol-
has a solution that will actually ad- systemic racism have laid bare the economic low workers from job to job.
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April 15, 2021 CONGRESSIONAL RECORD — HOUSE H1811
Requiring Job-Relatedness: The bill closes I thank Congresswoman DELAURO for The COVID–19 pandemic and systemic rac-
loopholes that allow employers to pay her tireless advocacy on this issue. ism have exposed how the work performed
women less than men for the same work Mr. Speaker, I include in the RECORD primarily by women, and particularly Black
without a business necessity that is related a letter of support from the National and brown women, has long been and con-
to the job. tinues to be undervalued and underpaid, even
Equalizing Remedies: The bill ensures Women’s Law Center. as the rest of the country is newly recog-
women can receive the same robust remedies NATIONAL WOMEN’S LAW CENTER, nizing the essential nature of this work. We
for sex-based pay discrimination that are April 14, 2021. cannot build back an economy that works
currently available to those subjected to dis- Re Pass the Paycheck Fairness Act (H.R. 7) for everyone without ensuring that all
crimination based on race and ethnicity. and vote no on harmful amendments. women can work with equality, safety, and
Providing Additional Assistance and Re- DEAR REPRESENTATIVE: As the House votes dignity, starting with pay equity. Passing
sources: The bill also provides technical as- this week on the Paycheck Fairness Act the Paycheck Fairness Act would mark a vi-
sistance to businesses, requires wage data (H.R. 7), we strongly urge you to pass the tally important step toward ensuring this
collection, and supports salary negotiation Paycheck Fairness Act without amendments becomes reality.
skills training programs to give women the that limit its scope or undermine its critical We urge you to pass the Paycheck Fairness
tools to advocate for higher wages. protections. Act without harmful amendments that
The pay gap is persistent and can only be Despite federal and state equal pay laws, weaken its critical protections.
addressed if women are armed with the tools gender pay gaps persist, and earnings lost to Sincerely,
necessary to challenge discrimination these gaps are exacerbating the financial ef- EMILY J. MARTIN,
against them, and employers are provided fects of COVID–19, falling particularly heav- Vice President for
with effective incentives and technical as- ily on women of color and the families who Education & Work-
sistance to comply with the law. I urge you depend on their income. The Paycheck Fair- place Justice.
to take a critical step towards pay equity by ness Act, which has been passed three pre- MAYA RAGHU,
voting in support of the Paycheck Fairness vious times by the House of Representatives, Director of Workplace
Act (H.R. 7) and opposing harmful amend- mostly recently in the 116th Congress, offers Equality & Senior
ments when the bill comes to the House floor a much-needed update to the Equal Pay Act Counsel.
this week. of 1963 by providing new tools to battle per-
Cosponsorship and votes associated with Mr. CICILLINE. Mr. Speaker, I urge
vasive pay gaps and to challenge discrimina-
this bill may be scored in the AAUW Action tion. my House colleagues to vote for this
Fund Congressional Voting Record for the Women are increasingly the primary or co- package and close the gender wage gap
117th Congress. breadwinner in their families and cannot af- once and for all.
Sincerely, ford to be shortchanged. Women working Ms. FOXX. Mr. Speaker, I reserve the
KATE NIELSON, full-time, year-round are typically paid only balance of my time.
Senior Director of Public Policy, 82 cents for every dollar paid to men, adding Mr. SCOTT of Virginia. Mr. Speaker,
Legal Advocacy & Research. up to a loss of more than $400,000 over a life- I yield 1 minute to the gentlewoman
Ms. FOXX. Mr. Speaker, I yield my- time. This wage gap varies by race and is
larger for many women of color: Black
from California (Ms. LEE).
self such time as I may consume. An- Ms. LEE of California. Mr. Speaker, I
women working full time, year round typi-
other provision in H.R. 7 requires that, thank Chairwoman DELAURO for her
cally make only 63 cents, Native American
in addition to proving business neces- women only 60 cents, and Latinas only 55 persistent leadership for so many
sity, an employer must prove the busi- cents, for every dollar paid to their white, years, as well as Chairman SCOTT and
ness necessity accounts for 100 percent non-Hispanic male counterparts. Latinas the Speaker.
of the differential in compensation at lose more than $1 million over a 40-year ca- We must put an end to the wage gap
issue. This is impossible to do. How can reer due to the wage gap. While Asian Amer- and pay discrimination. Let me tell
an employer explain slight differences ican and Pacific Islander (AAPI) women
make 85 cents for every dollar paid to white,
you, as you have heard, the wage gap
in compensation based on educational for women of color is so much worse.
non-Hispanic men, many AAPI communities
level, experience, or quality of work on I am reminded today of our heroine,
experience drastically wider pay gaps. Moth-
the job? ers typically make only 75 cents for every Fannie Lou Hamer. She said, ‘‘I am
This bill is going to make it impos- dollar paid to fathers. And even when con- sick and tired of being sick and tired.’’
sible for employers to pay differen- trolling for factors, such as education and Black women earn 63 cents, indige-
tially on merit for anything. It is a bad experience, pay gaps persist and start early nous women earn 60 cents, Latinas earn
bill, and we should not be passing it. in women’s careers and contribute to a 55 cents, White women earn 82 cents,
I urge my colleagues to vote ‘‘no.’’ wealth gap that follows them throughout
and AAPI women are paid as little as
Mr. Speaker, I reserve the balance of their lifetimes. Persistent pay discrimina-
tion, often cloaked by employer-imposed pay 52 cents on every dollar paid to the
my time.
secrecy policies, is one factor driving these White man. That is outrageous.
Mr. SCOTT of Virginia. Mr. Speaker,
wage gaps. Mr. Speaker, I include in the RECORD
I yield 1 minute to the gentleman from
These pay gaps can be addressed only if a letter from the Equal Pay Today!
Rhode Island (Mr. CICILLINE). workers have the legal tools necessary to
Mr. CICILLINE. Mr. Speaker, this campaign urging Members to support
challenge discrimination and employers are the bill.
Nation has made far too little progress provided with effective incentives and tech- EQUAL PAY TODAY,
in the fight for equal pay in the work- nical assistance to comply with the law. April 14, 2021.
place. In 2021, women who work full The Paycheck Fairness Act updates and Re Pass the Paycheck Fairness Act (H.R. 7)
time year round are paid, on average, strengthens the Equal Pay Act of 1963 to en- and vote no on harmful amendments.
only 82 cents for every dollar paid to sure that it provides robust protection
against sex-based pay discrimination. Among DEAR REPRESENTATIVE(S): As the House
men. This adds up to over $400,000 in votes on the Paycheck Fairness Act (H.R. 7),
other provisions, this comprehensive bill:
lost wages over the course of a wom- ends secrecy around pay by barring retalia- we strongly urge you to pass the Paycheck
an’s career. tion against workers who voluntarily discuss Fairness Act, H.R. 7, without amendments
For women of color, the gender gap is or disclose their wages, and requiring em- that would limit its scope or undermine its
a gender chasm, with Latinas earning ployers to report pay data to the EEOC critical protections.
55 cents, Black women earning 63 prohibits employers from relying on salary As members of the Equal Pay Today Cam-
history in determining future pay, so that paign, we represent a broad coalition con-
cents, and Asian American and Pacific sisting of both national and state based orga-
pay discrimination does not follow women
Islander women earning a mere 52 nizations from all across the country, that
from job to job
cents for every dollar paid to a White closes loopholes that have allowed employ- are dedicated to challenging the legal, pol-
man for the same work. ers to pay women less than men for the same icy, and cultural barriers at the local, state,
The long overdue Paycheck Fairness work without any important business jus- and national level that keep women from
Act would bring us closer to closing tification related to the job being paid equally. Launched on the 50th an-
these gaps by ensuring equal pay for ensures women can receive the same ro- niversary of the signing of the federal Equal
ctelli on DSK11ZRN23PROD with HOUSE
equal work. Notably, it would hold em- bust remedies for sex-based pay discrimina- Pay Act, we are committed to fighting and
tion that are currently available to those advocating for legislation that will ulti-
ployers accountable for discriminatory
subjected to discrimination based on race mately close the gender wage gap.
practices, end pay secrecy, ease work- and ethnicity With our nation now entering into year
ers’ ability to challenge pay discrimi- provides much needed training and tech- two of this global pandemic, we can no
nation, and strengthen the available nical assistance, as well as data collection longer ignore the disparities that have ex-
remedies for wronged employees. and research isted long before our nation’s shutdown, and
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H1812 CONGRESSIONAL RECORD — HOUSE April 15, 2021
despite federal and state equal pay laws, the Thank you for your time and consider- Equal Pay Act into law, lauding it as
gender pay gap persists, and earnings lost to ation. ‘‘a measure that adds to our laws an-
these gaps are widened due to the financial Sincerely, other structure basic to democracy.’’
impacts of the pandemic, with a heavier bur- EQUAL PAY TODAY.
Today, I rise in support of a similarly
den bared by women of color and the families Ms. LEE of California. Mr. Speaker,
and communities who depend on them and momentous measure for our democ-
let me finally say: Remember, because racy, the Paycheck Fairness Act,
their income.
Women are increasingly becoming the pri- of this discrimination, women’s Social which will strengthen that law and re-
mary or co-breadwinner in their families, Security benefits during their senior affirm this pledge: equal work deserves
with Black mothers being far more likely years are much lower than men. This equal pay.
than other mothers to be the primary or sole injustice follows women throughout We all salute Chairwoman ROSA
breadwinners for their families and more their lives. This issue impacts women,
than half of Latina mothers being the bread-
DELAURO, the guardian angel of this
regardless of industry, education level legislation, and so much of what Demo-
winner in families with children under 18.
Women across this country, working full-
or political party. It is past time—it is crats’ work on behalf of women and
time, year-round, are typically being paid so past time for Congress to take ac- families. Chairwoman DELAURO is re-
only .82 cents for every dollar paid out to tion on this. lentless, introducing this bill in each of
men, adding up to a loss of more than Mr. Speaker, I urge my colleagues to the last 13 Congresses and securing bi-
$400,000 dollars over a lifetime. And the wage vote ‘‘yes.’’ partisan support and the support of the
gap gets even wider as race is factored in. Ms. FOXX. Mr. Speaker, I yield my- entire House Democratic Caucus. And
Black women working full time, year round self such time as I may consume.
typically make only .63 cents, Native Amer- now, because of her leadership, we have
Mr. Speaker, H.R. 7 would create im-
ican women only .60 cents, and Latinas only a chance for it to become law.
possible conditions in which to operate
.55 cents, for every dollar paid to their white, Many of us, with Chair DELAURO at
for businessowners large and small. It the helm, have helped lead the charge
non-Hispanic male counterparts. Latinas
stand to lose more than $1 million over a 40– would result in endless litigation in for equal pay for many years now.
year career due to the wage gap, and while front of judges and juries, who will Twelve years ago, House Democrats
Asian American and Pacific Islander (AAPI) delve into employer compensation de- passed the Lilly Ledbetter Fair Pay
women make .85 cents for every dollar paid cisions even when there has been a Act to protect women’s right to chal-
to white, non-Hispanic men, many AAPI showing that those decisions are not
communities experience drastically wider lenge unfair pay in the courts. We are
based on sex. proud that President Obama made this
pay gaps. And even when controlling for fac- Alternatively, businessowners will
tors, such as education and experience, the bill the first bill he signed into law.
simply decide not to risk liability of
pay gaps still persist, start early in women’s You talked about it earlier, Mr. Chair-
careers and contribute to a wealth gap that unlimited damages, which could bank-
man.
follows them throughout their lifetimes. rupt them, and the end result will be
Exactly 10 years later, when Demo-
These pay gaps can be addressed and rec- the use of pay bands by employers,
tified through legislation that offers workers
crats retook the majority, we were
which imposes a government civil serv-
the legal tools and safeguards needed to honored to stand with Lilly Ledbetter,
ice model on the private sector that
challenge discrimination. The Paycheck that courageous woman, as we took an-
will result in everyone in the work-
Fairness Act, which has already been passed other step forward for pay equity by
by the House of Representatives three times
place being compensated equally with-
again introducing Congresswoman
before and most recently by the 116th Con- out regard to merit.
This is a very broad goal of liberals DELAURO’s bill, the Paycheck Fairness
gress, would offer the much needed updates Act.
to the Equal Pay Act of 1963 by making these in general: Pay everybody the same
Today, a Democratic Congress led by
tools available while also providing new and stifle innovation, stifle initiative,
ones, that would help to combat and chal- over 120 women in the House; with an
stifle anybody being different.
lenge discrimination and the pay gap. This is the wrong thing for our coun- administration led by President Biden,
The Paycheck Fairness Act updates and try. That is not the way the United a longtime champion of women; and
strengthens the Equal Pay Act of 1963 to en- the first woman Vice President,
sure that it provides robust protection
States of America operates. We value
innovation, we value entrepreneurism, KAMALA HARRIS; and with a record
against sex-based pay discrimination. Among number of women in the Cabinet, those
other provisions, this comprehensive bill: we value independent thinking. We
ends secrecy around pay by barring retalia- don’t want to crush everybody into are great advances for women.
tion against workers who voluntarily discuss thinking the same way. That is the We will pass this landmark bill once
or disclose their wages, and requiring em- way civil service works. That is the more, send it to the Senate, and then,
ployers to report pay data to the EEOC
way the unions work. That is not the hopefully, to President Biden to sign
prohibits employers from relying on salary into law.
history in determining future pay, so that way it should be in private industry,
I am the mother of four daughters. I
pay discrimination does not follow women which has made this country great.
This bill stalls upward mobility. It don’t know anybody who has a daugh-
from job to job
closes loopholes that have allowed employ- hurts all employees striving to succeed ter, a wife, a sister, a mother who can
ers to pay women less than men for the same on the job, who want to be rewarded for say to them, You are not worth it; your
work without any important business jus- their efforts. time is not worth the time of your
tification related to the job For these reasons and others, H.R. 7’s brother, your father, your whoever
ensures women can receive the same ro- else.
bust remedies for sex-based pay discrimina- provisions are unworkable and will
benefit only trial lawyers, not innova- What father, brother or son would
tion that are currently available to those
subjected to discrimination based on race tive, hardworking workers. not want the women in their lives to
and ethnicity Mr. Speaker, I reserve the balance of have equal pay?
provides much needed training and tech- my time. Sadly, equal pay is not yet a reality
nical assistance, as well as data collection Mr. SCOTT of Virginia. Mr. Speaker, in America. Nearly six decades after
and research I yield 1 minute to the gentlewoman the passage of the Equal Pay Act,
This past year has undoubtedly been a women working full time year round
challenging one. The pandemic has shone a
from California (Ms. PELOSI), the dis-
tinguished Speaker of the United are paid only 82 cents for every dollar
light on how the work performed by women,
specifically Black and brown women, has States House of Representatives. paid to men.
continuously been undervalued, underpaid, Ms. PELOSI. Mr. Speaker, I thank And for women of color, the disparity
and gone unnoticed. We cannot continue to the gentleman for yielding and for his is even greater. It is almost sinful. For
use the word ‘‘essential’’ to describe the na- leadership in bringing this important Black women, it is 63 cents; Native Ha-
ture of this work, if there is no commitment legislation to the floor of the House. waiian, Pacific Islander, American In-
to ensuring that all women can work with This is about building back better dian, and Alaska Native women, 60
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safety and with dignity, and the first step to with women, not stifling innovation cents; and a Latina is making just 55
making this happen, starts with pay equity, cents for every dollar for the same
and entrepreneurship, but reaping the
and the catalyst for this would be the pass-
ing of the Paycheck Fairness Act. benefits of all that women have to offer work as men.
We urge you to pass the Paycheck Fairness in our country. Equal work, equal hours, equal ef-
Act without harmful amendments that Mr. Speaker, nearly 60 years ago, forts, but not equal pay. And this is not
weaken its critical protections. President John F. Kennedy signed the just about cents on a dollar. This pay
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April 15, 2021 CONGRESSIONAL RECORD — HOUSE H1813
gap can add up to about $400,000 in lost lem is this is not what it is, Mr. Speak- As a lawyer when I ran my law office,
wages over a career. er, it goes well beyond dealing with I paid people differently based upon
What does that mean to a woman’s equal pay. their experience, their education, and
pension? What it does is it provides equal pay other differentials, but not on the basis
At the same time, the need for action for as many attorneys and trial law- of gender. And like the gentleman who
has been accelerated by the pandemic, yers as possible. And therein lies the spoke before me, I have one more
which has worsened economic dispari- problem. Once again, we have what daughter than he has; he has two
ties for women. Last year, women lost looks like legitimate legislation that daughters, I have three daughters. Mr.
a net 5.4 million jobs during the reces- sounds good and feels good, Mr. Speak- Speaker, they would not be happy
sion, with losses disproportionately ex- er, yet when you look at the details, it today if their dad came to this floor
perienced by women of color. is far left extremism, which poisons the and voted against this bill, I will tell
This unjust, uneven toll on women is legislation and doesn’t allow reason- you that. I don’t know about the gen-
expected to widen the wage gap by up able Members like myself to be sup- tleman’s daughters, but I can tell you
to 5 percentage points. Widen the gap portive. where my daughters would be.
by 5 percentage points, even as the And this isn’t the first time. This oc- Mr. Speaker, I am proud to bring the
economy recovers. curs very often, and it is the reason Paycheck Fairness Act to the floor, as
As the House passes this landmark why we don’t get things done, nor do I did last Congress. The legislation is a
legislation, let us stand proudly, we get bipartisan cooperation. Because critical part of Democrats’ effort to
unapologetically for what this does for cooperation is the way that we will close the gender pay gap and ensure
the economy of our country. We con- achieve and complete bills of impor- that women earn equal pay for equal
tinue to work to advance progress for tance, particularly that are named work. Lilly Ledbetter did not get equal
women and families. With the strong equal pay for all, equality for all. pay for equal work. Period. Unfortu-
support of President Biden, the House That is what our goal is. It would be nately, she was prevented by the Su-
Democrats are proud to have passed great if a bill like this had the sub- preme Court from making her case. We
and sent to the Senate our bipartisan stance that provided the ingredients to
corrected that.
provide for equal pay. The House passed a bill in 2019, but
VAWA reauthorization led by Con-
Mr. SCOTT of Virginia. Mr. Speaker,
gresswoman SHEILA JACKSON LEE; leg- the Republican-controlled Senate
I yield 1 minute to the distinguished
islation to remove the arbitrary dead- failed to do the same, a bill just like
gentleman from Maryland (Mr. HOYER),
line for ERA ratification led by Con- this. That was very disappointing, not
the majority leader of the United
gresswoman JACKIE SPEIER; and to only to those of us who have been
States House of Representatives.
have enacted the American Rescue Mr. HOYER. Mr. Speaker, I thank working hard to close the gender pay
Plan, which is helping many women to the gentleman from Virginia, the gap in Congress, but more so to the
return to the workforce. chairman of the Education and Labor tens of millions of people in the work-
b 1330 Committee for yielding, and I thank force who deserve to take home pay
him for his untiring work. they have earned. This is not a gift.
And we will continue this drumbeat This is compensation based upon abil-
‘‘No employer . . . shall discriminate,
of action ensuring that the Senate ity and contribution, not on gender.
within any establishment in which
passes the Paycheck Fairness Act and In America today, a woman still
such employees are employed, between
advancing legislation to strengthen earns on average just 82 cents to every
employees on the basis of sex, by pay-
women’s access to childcare, dollar earned by a man. Mr. Chairman,
ing wages to employees in such estab-
healthcare, workplace safety, and lishment at a rate less than the rate at has that been disputed on this floor?
more. which he pays wages to employees of From women of color it is even worse.
And as we move forward to ‘‘build the opposite sex.’’ African-American women earn on aver-
back better,’’ President Biden’s alliter- That was passed by the Congress of age only 63 cents to the dollar, while
ative phrase for how we have job cre- the United States, signed by the Presi- Latinas see 55 cents for the same work.
ation in our country, we can only build dent of the United States in 1963. A half For women who work full time, year-
back better if women are central to a century later, Mr. Speaker, the fig- round, the gender pay gap represents a
that effort. Advancing an economy in a ures belie that promise. The figures are loss of more than, as the Speaker just
country that works for all of the people a shameful recognition of the empti- said, $400,000. That ought to be unac-
in America is very important to Amer- ness of that promise. ceptable to all of us if we believe in
ica’s families and America’s children. Now, I know the gentlewoman from equality.
I urge a strong and, hopefully, bipar- North Carolina, not well, but well This disparity does not only hurt
tisan vote on H.R. 7, the Paycheck enough. We have served here together women, it disadvantages their entire
Fairness Act. Fairness is an all-Amer- for some period of time. I hope she will families, with women’s pay critical to
ican quality. Fairness for women is es- take this with a measure of positivity. household incomes.
sential because we know that when She is a feisty lady. She stands up for Two-thirds of women are now either
women succeed, America succeeds. what she believes. And she is tough. All the primary breadwinner or co-bread-
I thank Congresswoman DELAURO those things are said lovingly. God help winner of their households, and wom-
and Chairman SCOTT for their leader- us if they paid her less than they paid en’s earnings are the main source of in-
ship. every male Member of this House. come in more than 4 in 10 households,
Ms. FOXX. Mr. Speaker, I yield 11⁄2 But we don’t. We pay everybody the 40 percent.
minutes to the gentleman from Penn- same, except, I will admit, the Speaker Now, the gentlewoman from North
sylvania (Mr. MEUSER). and myself, so perhaps I am not quite Carolina knows full well that histori-
Mr. MEUSER. Mr. Speaker, I thank as detached. But everybody else gets cally we have underpaid women be-
Ms. FOXX very much for yielding. I ap- the same. A person who comes in the cause we thought men were the bread-
preciate the opportunity to speak, Mr. first day gets paid as much as a person winners. They were the people who
Speaker. who has been here 40 years like me. earned the money. They were the peo-
All Americans, men and women, Why? Because it is the responsibility ple who needed money so they could
should be treated equally and receive and duties that we perform that are support their families. That is not true
equal pay for equal work. I happen to being compensated, not our gender. today, if it was ever true. Those house-
be the father of two daughters, and I Now, in this bill and every other bill holds ought not to be disadvantaged
will do everything in this House to en- that has dealt with equal pay—how- because women are paid less for the
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sure that that continues to be the case ever, let there be no mistake, clearly, I same work as their male counterparts.
and is, in fact, the case. pay people in my office who have been I mentioned in 1963 the promise we
If this truly were an Equal Pay Act, there for 10 years more than I pay peo- made as a Nation. In 2009, when I was
Mr. Speaker, I think we would have a ple that have been there a year if they majority leader for the first time, I was
bipartisan initiative here. We would are doing the same thing. Period. Expe- proud to bring the Lilly Ledbetter Fair
have bipartisan agreement. The prob- rience counts. Pay Act to the floor and get it passed.
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H1814 CONGRESSIONAL RECORD — HOUSE April 15, 2021
I congratulate ROSA DELAURO who is granddaughter. I certainly don’t want NFIB,
on the floor today, Mr. Speaker. She either one of them discriminated Washington, DC, March 24, 2021.
has been indefatigable and focused and against on the basis of anything. Hon. BOBBY SCOTT,
Chairman, Committee on Education and Labor,
untiring—I suppose that is redundant— But, I say to Mr. HOYER, yes, 82 cents House of Representatives, Washington, DC.
in her efforts to ensure that women has been disputed. We hear the same Hon. VIRGINIA FOXX,
were treated equally. And one of the old tired ‘‘statistics.’’ They are not ac- Ranking Member, Committee on Education and
best ways to treat people equally is pay curate. So let’s stop doing that. Let’s Labor, House of Representatives, Wash-
them the same thing for the same job. deal with the facts. ington, DC.
The Paycheck Fairness Act builds on DEAR CHAIRMAN SCOTT AND RANKING MEM-
H.R. 7 is not the answer to discrimi-
its success by making it harder for BER FOXX: On behalf of NFIB, the nation’s
nation. It is going to make it more dif-
businesses to hide the underpayment of leading small business advocacy organiza-
ficult for employers to create jobs and
women in their employ through non- tion, I write in opposition to H.R. 7, the Pay-
to pay women and everybody equally. check Fairness Act. This legislation will add
disclosure contracts and imposing new
We need alternatives and we have one. significant burdens to small businesses and
civil penalties for those who violate
equal pay rules, among other beneficial Mr. Speaker, I reserve the balance of potentially expose them to frivolous law-
my time. suits.
provisions.
Now, this has been in effect for half a Mr. SCOTT of Virginia. Mr. Speaker, NFIB and its members believe in equal pay
century, and we haven’t gotten there. may I inquire as to the time remaining for equal work. However, NFIB does not be-
lieve that this legislation is the solution.
Do we need some, yeah, let’s get it on both sides, please?
H.R. 7 will make legitimate business-related
done, this is what the law said in 1963? The SPEAKER pro tempore (Mr. pay differences difficult to defend in court,
And we really meant it. So let’s carry MCEACHIN). The gentleman from Vir- invite frivolous lawsuits against small busi-
that out so when the bipartisan, non- ginia has 91⁄4 minutes remaining. The ness owners by allowing unlimited compen-
partisan reports are made as to who is gentlewoman from North Carolina has satory and punitive damages in equal pay
making what for the same job, it will 41⁄2 minutes remaining. lawsuits, and significantly increase small
come back men and women are getting business paperwork burdens.
Mr. SCOTT of Virginia. Mr. Speaker,
the same pay for the same job with the I yield 1 minute to the gentlewoman This legislation would make it nearly im-
same skills and the same seniority. possible for a small employer to defend
from Michigan (Mrs. LAWRENCE), a co- against claims where an ‘‘alternative em-
I hope the Senate will take up this
chair of the Democratic Women’s ployment practice’’ exists and could serve
long overdue legislation and pass it so
Caucus. the same business purpose without producing
President Biden can sign it into law
a wage differential. Even if an employer were
and at long last make good on the
b 1345 to demonstrate that a legitimate factor such
promise of the Equal Pay Act nearly as education, training, or experience ac-
six decades ago. Mrs. LAWRENCE. Mr. Speaker, it is counted for a wage differential, an employee
I thank my friend, as I just did, ROSA could claim that an ‘‘alternative employ-
beyond me that in 2021 we are still hav-
DELAURO for the work she has done. I ment practice’’ existed and that the em-
ing this debate on whether men and
thank Ms. DELAURO on behalf of Susan, ployer refused to adopt such a practice. For
women are paid equally. And I just
on behalf of Stefany, on behalf of Anne, example, an employee of a small, local hard-
want to say to my colleague on the ware store would be able to sue an employer
my daughters, on behalf of Judy and
other side, being a Black woman in for refusing to adopt a business practice that
Ava and Brooklyn and Savannah, my
America, I can tell you I do not feel a much larger company uses to address wage
three great granddaughters and my
that she has had the discrimination discrepancies. Forcing one-size-fits-all legis-
granddaughter. What she has done, lation on small, independent businesses puts
and the disrespect in the pay scale that
what we can do will make a difference them at a significant disadvantage relative
women of color have experienced. And
for them, their families, and our coun- to their larger competitors. A small business
try. during the brunt of this pandemic
may have legitimate reasons for not adopt-
Ms. FOXX. Mr. Speaker, I yield my- where women are in the forefront,
ing the practices of a large business. How-
self such time as I may consume. those who are frontline workers, the ever, if an employee can prove that the inde-
I thank the majority leader for his service industry—predominantly pendent business refused to adopt the ‘‘alter-
compliments of me. When Howard women. Paycheck fairness corrects this native employment practice’’ of a large com-
Coble first introduced me to the Repub- injustice by allowing women to chal- petitor, the small business automatically
lican Conference here he said, I was ‘‘a lenge pay discrimination and hold em- loses the suit.
feisty mountain woman from the Blue ployers accountable. This legislation also prohibits an employer
Ridge, who goes bear hunting with a Many in this Chamber like to talk from asking a prospective employee about
about leveling the playing field for all wage history and prohibits an employer from
switch.’’ And so I have cherished that
relying on wage history in determining
description of me over the years. I am Americans. Then let’s do it by passing wages. These prohibitions create a very dif-
a feisty woman because I grew up ex- this bill. And in America, when you ficult situation for small business owners. A
traordinarily poor. walk in the room as a woman, you person’s written resume is only one aspect of
And the majority leader is correct, I know you have overcome and you have the application process; a person’s salary
would not tolerate discrimination work to do. And please don’t continue history is another essential part of gauging
against me. I won’t tolerate discrimi- to disrespect us by saying that every- professional growth and development. If the
nation against anyone. I abhor dis- thing is okay. In your world it may be, needs of a prospective employee and the
crimination. I am also an Italian but today we can correct that. wants of a business do not match, the pro-
American. I abhor that kind of dis- spective employee and the business should be
The SPEAKER pro tempore. Mem- able to discern this sooner rather than later
crimination and have fought against bers are reminded to direct their re- to avoid wasting each party’s time and en-
that. I fought against racial discrimi- marks to the Chair. ergy. By eliminating salary history, the hir-
nation. I doubt there are many people ing process becomes less precise and more
Ms. FOXX. Mr. Speaker, I have never
in this body that fought more against difficult for small employers.
said everything is perfectly okay. I
discrimination against women than I This bill also puts significant paperwork
said this bill is not the answer to what
have or mentored more women than I burdens on small business owners. It requires
issues may still exist out there.
have. the Equal Employment Opportunity Com-
However, the majority leader also Mr. Speaker, I yield 1 minute to the mission (EEOC) to issue regulations pro-
said something that made me think of gentlewoman from Iowa (Mrs. MILLER- viding for the collection of employers’ com-
the phrase, ‘‘all things being equal.’’ MEEKS), and applaud her for how she pensation data. Most small business owners
Well, rarely are all things equal. Obvi- has handled herself in the past few do not have a human resources department
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months through all the turmoil and all or a full-time staff member in charge of re-
ously, when all things are equal, we
of the challenges she has had. porting and compliance. NFIB members find
want no discrimination, everybody to unreasonable government regulations to be
be treated the same. That is what I Mrs. MILLER-MEEKS. Mr. Speaker, their sixth biggest problem and federal pa-
want. I include in the RECORD a letter from perwork to be their 15th biggest problem
I have one child, a daughter. I have the National Federation of Independent when ranking their top 75 problems and pri-
two grandchildren, a grandson and a Businesses opposing H.R. 7. orities.
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April 15, 2021 CONGRESSIONAL RECORD — HOUSE H1815
NFIB strongly opposes H.R. 7, the Pay- NATIONAL COUNCIL OF JEWISH WOMEN, women entering the workforce in the 1850s,
check Fairness Act, urges the committee to Washington, DC, April 14, 2021. YWCA has been at the forefront of the most
oppose the legislation in its current form. HOUSE OF REPRESENTATIVES, pressing social movements—from voting
Sincerely, Washington, DC. rights to civil rights, from affordable hous-
KEVIN KUHLMAN, DEAR REPRESENTATIVE: On behalf of our ing to pay equity, from violence prevention
Vice President, 180,000 members, advocates, and supporters, to health care reform. Today, we serve over
Federal Government Relations. National Council of Jewish Women (NCJW) 2 million women, girls and family members
urges you to pass the Paycheck Fairness Act of all ages and backgrounds in more than
Mrs. MILLER-MEEKS. Mr. Speaker, 1,200 communities each year.
(H.R. 7) without amendments that limit its
I am pleased to be able to introduce scope or undermine its critical protections. Informed by our extensive history, the ex-
this as a small business owner myself. NCJW is a grassroots organization of vol- pertise of our nationwide network, and our
The NFIB letter says: H.R. 7 will add unteers and advocates who turn progressive collective commitment to advocating for the
significant burdens to small businesses ideals into action. Inspired by Jewish values, equity of women and families, we believe
and potentially expose them to frivo- NCJW strives for social justice by improving that no one should have to choose between
the quality of life for women, children, and their livelihoods and their health, family, or
lous lawsuits. In addition, the bill will safety. Yet far too women and families, in-
make legitimate business-related pay families and by safeguarding individual
cluding a disproportionate number of women
differences difficult to defend in court, rights and freedoms. The Torah compels us
and families of color, must make this choice
tzedek, tzedek tirdof—to pursue justice. To
invite frivolous lawsuits against small that end, we advocate for employment laws,
every day. This has become more clear as the
business owners by allowing unlimited effects of the COVID–19 pandemic become
policies, and practices that provide equal pay more transparent. The impact of the pan-
compensatory and punitive damages in and benefits for work of comparable worth demic has fallen heavily on women and
equal pay lawsuits, and significantly and equal opportunities for advancement. women of color. Women are especially likely
increase small business paperwork bur- Nearly 60 years after passage of the land- to be essential workers, but they are also
dens. mark Equal Pay Act, the gender way gap bearing the brunt of job losses, while shoul-
Moreover, the NFIB letter says that persists. Overall, women earn only 82 cents dering increased caregiving responsibilities
H.R. 7 will make it nearly impossible for every dollar earned by men, and the gap that have pushed millions out of the work-
is much wider for women of color (Black force entirely, resulting in an economic
for a small employer to defend against women earn 63 cents, Indigenous women earn
claims where an alternative employ- ‘‘Shesession’’. Black women, Latinas, and
60 cents, Latinas earn 55 cents, and some other women of color are especially likely to
ment practice exists and could serve Asian American and Pacific Islander women be on the front lines of the crisis, risking
the same business purpose without pro- earn only 52 cents). Earnings lost to these their lives in jobs in health care, child care,
ducing the wage differential. gaps are exacerbating the financial effects of and grocery stores, all while being paid less
The letter also highlights the signifi- COVID–19, falling particularly heavily on than their male counterparts.
cant paperwork burdens H.R. 7 would women of color and the families who depend The bipartisan Paycheck Fairness Act
place on small businesses who do not on their income. (H.R. 7) would help close longstanding gender
The Paycheck Fairness Act, which has and racial wage gaps by updating and
have a human resources department, a been passed three previous times by the strengthening the Equal Pay Act of 1963 and
full-time staff member in charge, or at- House of Representatives, mostly recently in ensure robust protections against sex-based
torneys for reporting and compliance. the 116th Congress, offers a much needed up- pay discrimination. Today, on average,
Mr. Speaker, having been a small date to the Equal Pay Act of 1963 by pro- women in the United States earn only 82
business owner and supported by the viding new tools to battle pervasive pay gaps cents for every dollar paid to men, amount-
small business owners, and during the and to challenge discrimination. ing to an annual gender wage gap of $10,157.
We cannot build back an economy that Unfortunately, this gap is worse for women
pandemic when it is so necessary for us of color. Among women who hold full-time,
to get our small businesses up and op- works for everyone without ensuring that all
women can work with equality, safety, and year-round jobs in the United States, Black
erating, I urge my colleagues to take dignity, starting with pay equity. Passing women are typically paid 63 cents, Native
these views of small business owners the Paycheck Fairness Act would mark a vi- American women 60 cents and Latinas just 55
into consideration before they vote on tally important step toward ensuring this cents for every dollar paid to white, non-His-
H.R. 7. becomes reality. I ask you to vote YES on panic men. White, non-Hispanic women are
paid 79 cents and Asian American women 87
Mr. SCOTT of Virginia. Mr. Speaker, the Paycheck Fairness Act (H.R. 7) without
amendments that limit its scope or under- cents for every dollar paid to white, non-His-
I yield 1 minute to the gentlewoman panic men, and Asian American and Pacific
from North Carolina (Ms. ROSS). mine its critical protections.
Islander women of some ethnic and national
Sincerely,
Ms. ROSS. Mr. Speaker, this bill is backgrounds fare much worse. The COVID–19
JODY RABHAN,
not just about the past, it is about the global pandemic has exposed deepening eco-
Chief Policy Officer,
future. Gender-based wage discrimina- nomic disparities, further unveiling how the
National Council of Jewish Women. work performed primarily by women, and
tion exists in every State and in many Ms. FOXX. Mr. Speaker, I reserve the particularly women of color, has long been
industries. balance of my time. and continues to be undervalued and under-
In the tech industry, which has a Mr. SCOTT of Virginia. Mr. Speaker, paid. It is time Congress addressed these
huge presence in my district in North I yield 1 minute to the gentlewoman deepening disparities and take steps towards
Carolina’s Research Triangle, women from Missouri (Ms. BUSH). real economic change for women by passing
typically make thousands of dollars the Paycheck Fairness Act. We cannot afford
Ms. BUSH. Mr. Speaker, on behalf of
less than men in the same roles. to shortchange women as a result of per-
YWCA USA, I include in the RECORD a sistent gender pay gaps and we urge the Rep-
Unsurprisingly, women in tech often letter of support for H.R. 7. resentative to pass this bill without delay.
leave the industry due to unfair com- YWCA, YWCA USA urges the Representative to
pensation, much to that industry’s det- April 13, 2021. protect women’s economic security and pass
riment. DEAR REPRESENTATIVE: On behalf of YWCA the Paycheck Fairness Act (H.R. 7) and take
Pay inequity also follows women into USA, a network of over 200 local associations critical steps towards strengthening wom-
retirement. Women have, on average, in 45 states and the District of Columbia, I en’s economic security, particularly at a
write today to urge the Representative to time when the country begins to recover
only 70 percent of the retirement in- from the COVID–19 pandemic. At this pivotal
come men have. support the Paycheck Fairness Act (H.R. 7)
and vote no on harmful amendments. As the moment, Congress must take aggressive ac-
One of the best ways we can help tion to address the economic disparities dis-
economy continues to struggle under the
close the wage gap is through salary weight of the COVID–19 pandemic dispropor- proportionately affecting women and women
negotiation training, which is one of tionately affecting women and marginalized of color. We urge you to pass the Paycheck
the key provisions of this bill. communities, there is no better time to take Fairness Act (H.R. 7) without harmful
I am thankful to groups like Ladies action to improve the economic security of amendments that weaken its critical protec-
women and families and strengthen our tions.
Get Paid and countless others working Thank you for your time and consider-
to empower women to help them advo- economy. I urge you to pass this bill without
ation.
ctelli on DSK11ZRN23PROD with HOUSE
cate for their work. amendments that limit its scope or under-
Sincerely,
mines its critical protections.
I urge my colleagues to support this ELISHA RHODES,
For over 160 years, YWCA has been on a
bill for the sake of future generations. Interim CEO & Chief Operating Officer.
mission to eliminate racism, empower
Mr. Speaker, I include in the RECORD women, and promote peace, justice, freedom, Ms. BUSH. Mr. Speaker, St. Louis
this letter from the National Council of and dignity for all. From our earliest days and I rise in full support of H.R. 7, the
Jewish Women. providing skills and housing support to Paycheck Fairness Act.
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H1816 CONGRESSIONAL RECORD — HOUSE April 15, 2021
As a nurse, I earned around 60 per- The discriminatory wage gap is cost- dent’s desk the Lilly Ledbetter Fair Pay Act,
cent of what my White male counter- ing women thousands of dollars a year the first bill signed into law by President
parts in the same position earned. I for doing the exact same work as their Obama, which restored the critical rights of
have often imagined how many people male counterparts. And I see this right workers to challenge unfair pay in court.
in my district experienced the same here in my community and my district Now, a Democratic-led House will push for
burdens, like how much overtime and where women are forced to work longer enactment of another critical fair pay bill—the
missing wages we could have accrued hours, harder, just to make ends meet Paycheck Fairness Act that strengthens cur-
every single month. and put food on the table for their fam- rent law.
We have been chronically underpaid ilies. When House has been controlled by a
and chronically undervalued. I have My community is one of the poorest Democratic majority, the Paycheck Fairness
stood up to fight for underpaid nurses in the Nation, and the wage gap is one Act has passed several times—including in the
before and I stand here today to fight of the biggest factors for families who 110th Congress, the 111th Congress, and the
for underpaid women, especially are really trying to get out of the cycle 116th Congress, when it passed by a bipar-
women of color everywhere. of poverty and get the support for their tisan vote of 242 to 187 on March 27, 2019,
Pay Black, pay Brown, pay indige- children so they can thrive. before dying in then-Senate Majority Leader
nous, pay AAPI women what we’re I am grateful to my colleagues on the MCCONNELL’S legislative graveyard.
worth. Run us our money and run us Committee on Education and Labor for This is the year to finish the job and send
our money now. bringing this long overdue legislation. this critical legislation all the to President
Ms. FOXX. Mr. Speaker, I reserve the Ms. FOXX. Mr. Speaker, I reserve the Biden’s desk for signature.
balance of my time. balance of my time. Mr. Speaker, as every woman Member of
Mr. SCOTT of Virginia. Mr. Speaker, Mr. SCOTT of Virginia. Mr. Speaker, Congress knows, as our mother, sisters,
I yield 1 minute to the gentlewoman I yield 1 minute to the gentlewoman daughters, and sorors in the workplace know
from Pennsylvania (Ms. DEAN). from Texas (Ms. JACKSON LEE). all too well, the impact of the wage gap grows
Ms. JACKSON LEE. Mr. Speaker, I throughout a woman’s career.
Ms. DEAN. Mr. Speaker, I thank
thank the gentleman from Virginia and According to the National Women’s Law
Chairman SCOTT for leading and for
thank him for his leadership—also, the Center, based on today’s wage gap, a woman
yielding.
Speaker and the ranking member. who worked full-time, year-round would typi-
Mr. Speaker, I rise in support of the According to the National Women’s
Paycheck Fairness Act. cally lose $406,280 over a 40-year career.
Law Center, based on today’s wage gap, This means a woman making the median
It has been more than five decades a woman who works full-time year-
since the passage of the Equal Pay Act national salary for women would have to work
round would typically lose $406,280 over almost nine years longer than her male coun-
of 1963, yet a woman still earns only 82 her 40-year career. This means a
cents on average for every dollar terpart to make up this lifetime wage gap.
woman making the median national Mr. Speaker, 58 years after the enactment
earned by her male counterpart. salary for women would have to work
Women of color fare much worse. The of the Equal Pay Act, full-time working women
almost 9 years longer than her male still earn just 82 cents, on average, for every
Paycheck Fairness Act will ensure counterpart.
equal pay for equal work. It is just that dollar a man earns, amounting to a yearly gap
Mr. Speaker, 58 years after the enact- of $10,157 between full-time working men and
simple and it is just that overdue. Gen- ment of the Equal Pay Act, full-time
der and racial pay gaps persist, and women.
working women still earn 82 cents on The wage gap is also even larger for
earnings lost to these gaps are felt average for every dollar a man earns,
even more during the COVID–19 pan- women of color.
amounting to a yearly gap of almost Hispanic women on average earn only 55
demic. This falls most heavily on $20,000. They, too, raise children. They, cents for every dollar paid to white, non-His-
women. too, have overhead. panic men.
The Paycheck Fairness Act will up- In this pandemic year, we have found Native American women on average earn
date and strengthen the Equal Pay Act that 2 million women have lost their only 60 cents for every dollar paid to white,
to help close this gap. Pay inequities jobs. We know that Hispanic women non-Hispanic men.
not only affect women, it affects chil- earn 55 cents, Native-American women African American women on average earn
dren and their families. Though we 60 cents, and African-American women, only 63 cents for every dollar paid to white,
have made strides in the past, we know on average, only 63 cents. non-Hispanic men.
the issue of equal pay persists. It is time now to put this paycheck The National Partnership for Women and
We must not pass this inequity on. I fairness bill on the desk of the Presi- Families has calculated that $10,157 for a me-
want my granddaughters, Aubrey and dent of the United States. It modern- dian family in America means more than 9 ad-
Ella, as well as my grandson, Sawyer, izes and strengthens the Equal Pay ditional months of rent or 13 additional months
to live in a country where equal pay for Act, which is what the Lilly Ledbetter of childcare.
equal work is the norm. Act was, and brings the country one Indeed, if women were paid the same as
I thank chairwoman and champion step closer to ensuring that women can men, the poverty rate for all working women
ROSA DELAURO. receive equal pay for equal work. would be cut in half and the poverty rate for
Ms. FOXX. Mr. Speaker, I reserve the Mr. Speaker, I ask for support of this working single mothers would be cut by nearly
balance of my time. legislation. half.
Mr. SCOTT of Virginia. Mr. Speaker, Mr. Speaker, as an original cosponsor, a Because of loopholes in the law and weak
I yield 1 minute to the gentlewoman senior member of the Committees on the Judi- sanctions for violations, the Equal Pay Act of
from Michigan (Ms. TLAIB). ciary, on Homeland Security, on the Budget, 1963 has not provided the tools to truly com-
Ms. TLAIB. Mr. Speaker, did you and a member of the Democratic Working bat unequal pay.
know that over 40 percent of mothers Women’s Task Force, I rise in strong support The Paycheck Fairness Act modernizes and
are sole or primary breadwinners for of H.R. 7, the landmark Paycheck Fairness strengthens the Equal Pay Act and brings the
their families? It has been over 50 years Act, which strengthens and closes loopholes country one step closer to ensuring that
since the Equal Pay Act was signed in the 1963 Equal Pay Act, including providing women receive equal pay for equal work in
into law, yet the problems that pre- effective remedies for workers who are not the following ways:
ceded that legislation remain today. So being paid equal pay for equal work. 1. Requires employers to prove that pay dis-
it is time for the Paycheck Fairness I thank my colleague, the Chair of the Com- parities exist for legitimate, job-related reasons
Act. mittee on Appropriations, Congresswoman and puts the burden on employers to show the
Mr. Speaker, across the country, DELAURO, for introducing the Paycheck Fair- disparity is not sex-based, but job-related and
women are paid 80 cents to the dollar ness Act in every Congress since 1997, which necessary;
ctelli on DSK11ZRN23PROD with HOUSE
that men are paid, and the number is enabled me join her as an original cosponsor 2. Bans retaliation against workers who vol-
significantly lower for women of color. all during those years as we fought shoulder untarily discuss or disclose their wages;
Black women make roughly 60 percent to shoulder for women’s equality and em- 3. Ensures women receive the same robust
to the dollar. Native-American women powerment. remedies for sex-based pay discrimination
make about 57 cents. And Latina Mr. Speaker, in January 2009, the Demo- available to those subjected to discrimination
women make just over 50 to the dollar. cratic-led 111th Congress sent to the Presi- based on race and national origin;
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April 15, 2021 CONGRESSIONAL RECORD — HOUSE H1817
4. Removes obstacles in the Equal Pay Act scriptive bills just to get flashy head- be put at grave risk of death by dismember-
to facilitate a wronged worker’s participation in lines and score cheap political points. ment abortion and chemical poisoning if H.R 7
class action lawsuits that challenge systemic We are equally committed to pro- is enacted in its current form, I will vote ‘‘no’’
pay discrimination; moting both fairness and strong policy- today.
5. Makes improvements in the Equal Em- making, and when judged by these In a letter dated April 14, the United States
ployment Opportunity Commission’s (EEOC’s) standards, today’s bill falls woefully Conference of Catholic Bishops said: ‘‘H.R. 7
and the Department of Labor’s tools for en- short. Pay discrimination is illegal. would amend the Fair Labor Standards Act
forcing the Equal Pay Act; You know, we have really heard (FLSA). The FLSA, among other things, pro-
6. Provides assistance to all businesses to nothing about the inadequacies of the hibits unequal wages between men and
help them with their equal pay practices, rec- current law or the current processes. women performing equal work. 29 U.S.C.
ognizes excellence in pay practices by busi- What we have heard is that we need § 206(d)(l). Wages include all forms of remu-
nesses, and empowers women and girls by new legislation. Republicans disagree neration, including ‘‘frinqe benefits’’ such as
creating a negotiation skills training program; with that. Again, we want pay dis- ‘‘medical, hospital, [and] accident . . . insur-
and crimination to be illegal and we want ance,’’ ‘‘life insurance,’’ ‘‘retirement benefits,’’
7. Prohibits employers from seeking salary any such cases to be treated seriously and ‘‘leave.’’ 29 C.F.R. 1620.10, 1620.11.
history in determining future pay, so that pay and to be looked at. This bill offers no ‘‘Strengthening federal law to ensure equal
discrimination does not follow women from job new protection against pay discrimina- compensation for equal work as between men
to job. tion in the workplace, however. And and women is a laudable legislative goal, and
Finally, equal pay is not simply a women’s we heartily endorse that goal . . . Unfortu-
that is sorely lacking in this bill.
issue, but a family issue. Mr. Speaker, H.R. 7 is nothing more nately, H.R. 7 has moved in a different direc-
Two-thirds of mothers are either the sole tion . . . We believe that if the bill were to
than a trial lawyer payout at the ex-
breadwinner or a co-breadwinner in the pass, the Fair Labor Standards Act could be
pense of hardworking women. I urge a
household, so their earnings are vital to their construed to require employers, including even
‘‘no’’ vote, and I yield back the balance
families. religious organizations, to cover and pay for
When women bring home less money each of my time.
Mr. SCOTT of Virginia. Mr. Speaker, abortions . . . we urge members to oppose
day, it means they have less for the everyday the redefinition of sex in H.R. 7 and instead
needs of their families—groceries, rent, I yield myself the balance of my time.
Mr. Speaker, this is a critical time to revert to the version of the bill that passed the
childcare, and doctors’ visits. House in the 116th Congress.’’
The Paycheck Fairness Act is strongly en- secure equal pay for equal work. Over
the past year, the COVID–19 pandemic The National Right to Life Committee op-
dorsed by a coalition of more than 200 organi- posed the redefinition of ‘‘sex’’ and opposes
zations, including AAUW, National Women’s has driven over 2 million women out of
the workforce. As women return to the the bill. They said in a letter: ‘‘H.R. 7 makes
Law Center, National Partnership for Women definitional changes to sex to include preg-
and Families, National Organization for workplace, failure to strengthen the
equal pay protections will exacerbate nancy, childbirth, or a related medical condi-
Women, National Committee on Pay Equity, tion. It is well established that abortion will be
MomsRising, UltraViolet, Center for Law and and entrench the gender wage gap for
years to come. regarded as a ‘‘related medical condition.’’
Social Policy, The Leadership Conference on See 29C.F.R.pt.1604 App.(1986) and Doe v.
Civil and Human Rights, NAACP, League of Mr. Speaker, we all know that dis-
crimination exists. The Paycheck Fair- CARS Protection Plus, lnc., 527F.3d 358
Women Voters, U.S. Women’s Chamber of (3dCir.2008).
Commerce, AFL–CIO, SEIU, United Steel- ness Act will allow victims the tools
they need to combat and also close ‘‘Historically, when Congress has addressed
workers, AFSCME, American Federation of discrimination based on sex, rules of construc-
Teachers, National Education Association, loopholes that allows employers to es-
cape liability for discriminatory pay tion have been added to prevent requiring
International Association of Machinists and funding of abortion. Since there is no rule of
Aerospace Workers, American Psychological differences.
Today, we are talking about financial construction that would make this legislation
Association, Anti-Defamation League, and abortion-neutral, it is likely that H.R. 7 could
many more. security for millions of families. Sixty-
four percent of mothers are either the be used to sue employers for a lack of elec-
I urge all members to join me in voting to tive abortion coverage.’’
pass H.R. 7, the Paycheck Fairness Act of sole family breadwinner or co-bread-
In like manner, the Susan B. Anthony List
2021, to ensure effective remedies for workers winner. We cannot continue to allow
opposes the bill noting that H.R. 7 amends the
who are not being paid equal pay for equal gender-based pay inequity to rob half
Fair Labor Standards Act of 1938 by adding
work. of all workers and their families the
‘‘pregnancy childbirth, or a related medical
Ms. FOXX. Mr. Speaker, I reserve the wages they deserve.
condition’’ to the definition of ‘‘sex,’’ which
balance of my time. The Paycheck Fairness Act is our
courts have interpreted broadly to include
Mr. SCOTT of Virginia. Mr. Speaker, chance to finally help close the gender
abortion.’’
I am prepared to close, and I reserve wage gap by reinforcing the Equal Pay
Other pro-life organizations urged a ‘‘no’’
the balance of my time. Act and strengthening protections for
vote including March for Life Action.
Ms. FOXX. Mr. Speaker, I yield my- working women. The bill would ensure Madam Speaker, underscoring my commit-
self the balance of my time. Women, in that gender equality on the job is not ment to the legislation without the redefinition
terms of employment and pay, have an aspiration but a reality. of the term ‘‘sex’’, yesterday I introduced H.R
made great strides in this country. Madam Speaker, I ask our colleagues 2490—the Paycheck Fairness Act with the
When I was graduating from high to support the legislation, and I yield identical H.R. 7 language from January.
school, basically there were three open back the balance of my time. H.R. 2490 is needed to ensure that the
professions for women: nursing, teach- Mr. SMITH of New Jersey. Madam Speaker, noble goals embedded in the landmark law,
ing, and being a secretary. We have I have strongly supported the Paycheck Fair- the Equal Pay Act of 1963, are achieved.
come a long way. We have also come a ness Act and have done so for over two dec- Among its provisions H.R. 2490:
long way in terms of wages. ades. Prohibits employers from seeking the salary
Do we have ways to go in this coun- When the legislation finally got a vote in the history of prospective employees. By banning
try in terms of the way everybody House in 2008, I voted ‘‘yes’’ I voted ‘‘yes’’ reliance on salary history in determining future
thinks about people who are different again in 2009 and 2019. I have cosponsored pay, the bill ensures that prior pay discrimina-
from them? We certainly do. Repub- the Paycheck Fairness Act since 2015. tion doesn’t follow workers from job to job.
licans and Democrats both agree that In January, I again enthusiastically cospon- Bans retaliation against workers who dis-
pay discrimination is repugnant and il- sored H.R. 7—the Paycheck Fairness Act. cuss their wages.
legal. I will say it again and again. It In late March, however, H.R. 7 was radically Improves research on the gender pay gap.
is repugnant and illegal. altered during markup in the Education and The bill instructs DOL to conduct studies and
ctelli on DSK11ZRN23PROD with HOUSE
Despite misguided claims from the Labor Committee with a new definition of review available research and data to provide
other side, this underlying principle is ‘‘sex’’ that according to serious legal analysis information on how to identify, correct, and
not up for debate. Women should not be will compel employers to subsidize abortion on eliminate illegal wage disparities.
paid less than men for equal work. demand. Requires the collection of wage data from
However, Republicans are not in the Because I respect the inherent dignity and federal contractors and directs the Equal Em-
business of passing radical and pre- value of unborn baby girls and boys who will ployment Opportunity Commission (EEOC) to
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H1818 CONGRESSIONAL RECORD — HOUSE April 15, 2021
conduct a survey of available wage informa- redundant in whole or in part—overlooks the rule of construction that would make this
tion and create a system of wage data in fact that Title VII has religious exemptions legislation abortion-neutral, it is likely that
order to help the Department of Labor uncover and abortion-neutral language that are not H.R. 7 could be used to sue employers for a
found in the FLSA. The Supreme Court has lack of elective abortion coverage.
wage discrimination.
put off to another day the resolution of the Under H.R. 7, a person could make a claim
Provides a small business exception. The question of exactly how the sex discrimina-
Equal Pay Act and the Fair Labor Standards that an employer’s failure to provide health
tion provisions of Title VII intersect with coverage for abortion is discriminatory if an
Act have an exemption for small businesses the religious convictions of employers. employer provides health coverage for male-
that generate less than $500,000 in annual Bostock v. Clayton County. 140 S. Ct. 1731, specific items.
revenues a year, and the Paycheck Fairness 1753–54 (2020). H.R. 7 would raise a similar
question but in a different statutory setting, For the reasons above, National Right to
Act would keep that exemption intact. Life opposes the current version of H.R. 7
Supports small businesses with technical one in which the critical religious exemp-
tions and abortion-neutral language of Title and reserves the right to include a House roll
assistance. call on this measure in our scorecard of key
VII are entirely missing.
Provides assistance to all businesses to For these reasons, we urge members to op- pro-life votes of the 117th Congress.
help them with their equal pay practices, rec- pose the redefinition of sex in H.R. 7 and in- Should you have any questions, please con-
ognize excellence in pay practices by busi- stead revert to the version of the bill that tact us.
nesses, and empower workers by creating a passed the House in the 116th Congress. Thank you for your consideration of
negotiation skills training program. Sincerely. NRLC’s position on this matter.
I include in the RECORD the following letters HIS EMINENCE TIMOTHY
Respectfully submitted,
of opposition. CARDINAL DOLAN,
CAROL TOBIAS,
Archbishop of New
UNITED STATES CONFERENCE President.
York, Chairman,
OF CATHOLIC BISHOPS, DAVID N. O’STEEN, Ph.D.,
Committee for Reli-
Washington, DC, April 14, 2021. Executive Director.
gious Liberty.
DEAR REPRESENTATIVE: We write to raise JENNIFER POPIK, J.D.,
MOST REVEREND PAUL S.
pro-life and other concerns about the Pay- Legislative Director.
COAKLEY,
check Fairness Act, H.R. 7.
H.R. 7 would amend the Fair Labor Stand- Archbishop of Okla-
homa City, Chair- SUSAN B. ANTHONY LIST,
ards Act. The FLSA, among other things, April 13, 2021.
prohibits unequal wages between men and man, Committee on
women performing equal work. 29 U.S.C. Domestic Justice DEAR REPRESENTATIVE: I write to advise
§ 206(d)(l). Wages include all forms of remu- And Human Devel- you that Susan B. Anthony List, on behalf of
neration, including ‘‘fringe benefits’’ such as opment. our more than 900,000 members, opposes H.R.
‘‘medical, hospital, [and] accident . . . insur- MOST REVEREND JOSEPH F. 7, the Paycheck Fairness Act, which was
ance,’’ ‘‘life insurance,’’ ‘‘retirement bene- NAUMANN, amended at the last minute to add a defini-
fits,’’ and ‘‘leave.’’ 29 C.F.R. §§ 1620.10, 1620.11. Archbishop of Kansas tion of sex that could force employers to
Strengthening federal law to ensure equal City in Kansas, cover elective abortion through employee
compensation for equal work as between men Chairman, Com- benefits under the guise of fairness.
and women is a laudable legislative goal, and mittee on Pro-Life H.R. 7 amends the Fair Labor Standards
we heartily endorse that goal. See Economic Activities. Act of 1938 by adding ‘‘pregnancy, childbirth,
Justice for All, no. 167 (1986), (‘‘Particular at- MOST REV. DAVID A. or a related medical condition’’ to the defini-
tention is needed to achieve pay equity be- KONDERLA, tion of ‘‘sex,’’ which courts have interpreted
tween men and women’’); Compendium of the Bishop of Tulsa, broadly to include abortion.
Social Doctrine of the Church, no. 295 (2004) Chairman, Sub-
committee for the The abortion implications are buried in
(‘‘An urgent need to recognize effectively the layers of court interpretations and regula-
rights of women in the workplace is seen es- Promotion, and De-
fense of Marriage. tions of the Equal Employment Opportunity
pecially under the aspects of pay, insurance Commission (EEOC). The Fair Labor Stand-
and social security.’’); Pope Francis, Audi- ards Act (FSLA) prohibits sex discrimination
ence with Delegates from the Confederation NATIONAL RIGHT TO
LIFE COMMITTEE, INC., in the area of employee wages. And while the
of Trade Unions in Italy (June 28, 2017) (‘‘And FSLA does not explicitly include benefits
what I am about to say may seem obvious, Alexandria, VA, April 13, 2021.
Re In Opposition to the Paycheck Fairness like health coverage in its definition of
but in the world of work women are still in wages, the EEOC has interpreted wages to
second class. You might say, ‘No, but there Act (H.R. 7).
include benefits. The EEOC states that the
is that businesswoman, that other one . . .’; DEAR REPRESENTATIVE: This week, the Equal Pay Act, part of the FSLA, ‘‘requires
yes, but if women earn less, are more easily House will consider the Paycheck Fairness that men and women in the same workplace
exploited . . . do something.’’). Indeed, Con- Act (H.R. 7). While the legislation is meant be given equal pay for equal work.’’ The De-
gress could do more in this area. to address potential discrimination regard- partment of Labor and the EEOC further
Unfortunately, H.R. 7 has moved in a dif- ing the gender pay gap, the legislation was stipulate that equal pay includes benefits,
ferent direction. On March 24, the House amended to contain language that could be and the EEOC allows a person to go straight
Committee on Education and Labor marked construed to require employers to cover elec- to court with claims this provision has been
up the bill to redefine the term .. ‘‘sex’’ to tive abortion in their healthcare benefits. violated. There is nothing preventing a per-
include such items as ‘‘sex stereotypes,’’ Because of this change, National Right to son from claiming sex discrimination if an
‘‘pregnancy, child birth, or a related medical Life urges you to oppose the bill and reserves employer provides health coverage for all of
condition,’’ ‘‘sexual orientation.’’ ‘‘gender the right to include a House roll call on this men’s health services but does not pay for
identity,’’ and ‘‘sex characteristics. includ- measure in our scorecard of key pro-life coverage for abortion services for women.
ing intersex traits.’’ votes of the 117th Congress.
H.R. 7’s redefinition of sex in the FLSA is H.R. 7 states that it constitutes discrimi- When the terms ‘‘pregnancy, childbirth, or
seriously problematic. We believe that if the nation to provide disparate wages based on related medical condition’’ were used in the
bill were to pass, the FLSA could be con- sex, and the legislation creates more oppor- Pregnancy Discrimination Act four decades
strued to require employers, including even tunities to seek remedies for those chal- ago, the terms were accompanied by lan-
religious organizations, to (a) cover and pay lenging compensation. The Equal Employ- guage stating that employers could not be
for abortions, contraceptives, and gender ment Opportunity Commission (EEOC) has forced to cover abortion in health insurance
transition procedures in their health plans defined equal pay under the Fair Labor benefits except to save the life of the moth-
(b) treat same-sex civil marriages as equiva- Standards Act and the Equal Pay Act of 1963 er. While H.R. 7 does not override that lim-
lent to traditional marriages in the provi- to include all forms of compensation, includ- ited safeguard, it does fail to extend equiva-
sion of spousal benefits, and (c) facilitate ing healthcare benefits. lent safeguards to address its much broader,
abortions and gender transition procedures H.R. 7 makes definitional changes to ‘‘sex’’ more sweeping reach. Without abortion neu-
by providing paid leave for that purpose as to include ‘‘pregnancy, childbirth, or a re- tral language in H.R. 7, this legislation opens
part of existing paid leave programs. In this lated medical condition.’’ It is well estab- the door for employers to be sued for sex dis-
way, the bill would require many religious lished that abortion will be regarded as a crimination by simply refraining from fund-
ing abortion on demand in employee health
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organizations to be involved in and to ap- ‘‘related medical condition.’’ See 29 C.F.R.
prove things they sincerely believe are pt. 1604 App. (1986) and Doe v. CARS Protec- plans.
wrong. tion Plus, Inc., 527 F.3d 358 (3d Cir. 2008). Susan B. Anthony List opposes and will
Some may argue that Title VII already im- Historically, when Congress has addressed score against H.R. 7.
poses all or some of these requirements. discrimination based on sex, rules of con- Sincerely,
That argument—in addition to rendering the struction have been added to prevent requir- MARJORIE DANNENFELSER,
redefinition of ‘‘sex’’ in this bill seemingly ing funding of abortion. Since there is no President.
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April 15, 2021 CONGRESSIONAL RECORD — HOUSE H1819
MARCH FOR LIFE ACTION, this effort will make improvements to the tools AMENDMENT NO. 1 OFFERED BY MR. BEYER OF
Washington, DC, April 14, 2021. available to the Equal Employment Oppor- VIRGINIA
HOUSE OF REPRESENTATIVES, tunity Commission and the Department of In subsection (f) as added to section 709 of
Washington DC. the Civil Rights Act of 1964 by the amend-
DEAR REPRESENTATIVE: On behalf of March
Labor to enforce the Equal Pay Act.
Madam Speaker, as a member of the ment made by section 7 of the bill, strike
for Life Action and the millions of pro-life paragraph (1) and insert the following:
Americans who march to end abortion, I am Democratic Women’s Caucus, I am committed (1) Not later than 24 months after the date
writing to voice our opposition to H.R. 7, the to advancing the professional development of enactment of this subsection, the Commis-
Paycheck Fairness Act. While March for Life and financial security of women and minorities sion shall provide for the annual collection
Action has no position on the original bill, in our workforce. That is why I would urge my from employers of compensation data
inexplicably the bill language was changed colleagues on both sides of the aisle to sup- disaggregated by the sex, race, and national
this Congress to include troubling language port this legislation. origin of employees. The Commission may
that seems to have the singular purpose of Ms. ESHOO. Madam Speaker, I rise today also require employers to submit other em-
promoting abortion. to express my support of the Paycheck Fair- ployment-related data (including hiring, ter-
The definition included in Section 2 in- mination, and promotion data) so
cludes ‘‘pregnancy or related medical condi- ness Act, a bill I’m proud to have voted for in disaggregated.
tion,’’ which amends the Equal Pay Act por- the previous Congress. At the end of subparagraph (2) of sub-
tion of the Fair Labor Standards Act. This Today, women make up the majority of the section (f) as added to section 709 of the Civil
law states that it constitutes discrimination college-educated workforce, yet only earn ap- Rights Act of 1964 by the amendment made
to provide different wages to individuals proximately 82 percent of what men earn. For by section 7 of the bill, strike the last sen-
based on sex. The EEOC defines equal pay women of color, the pay gap is even worse. tence and insert the following:
under the FLSA/Equal Pay Act to mean all This legislation is critical because it makes The Commission shall also consider factors
forms of compensation, including benefits. significant progress in eliminating pay discrimi- including the imposition of burdens on em-
By stating that ‘‘sex’’ includes ‘‘pregnancy nation against women by providing them the ployers, the frequency of required reports
or related medical condition,’’ the bill estab- (including the size of employers required to
lishes the expectation that women will be
necessary protections and tools to combat prepare reports), appropriate protections for
given ‘‘equal benefits’’ related to pregnancy sex-based pay discrimination. maintaining data confidentiality, and the
and abortion. The legislation gives power to Simply put, ensuring that one half of the most effective format to report such data.
the Federal government to use its full force workforce is paid as much for the same job as In paragraph (3) of subsection (f) as added
to attack health care providers, including the other half is a matter of basic rights and to section 709 of the Civil Rights Act of 1964
businesses, which do not include full abor- fairness. Women deserve better, and I look by the amendment made by section 7 of the
tion coverage in their plans, and be subject forward to voting for this bill once again. bill, strike ‘‘(3)’’ and all that follows through
to the enhanced penalties laid out in the bill. subparagraph (C), and insert the following:
Clearly this legislation is not about fair- b 1400 ‘‘(3)(A) For each 12-month reporting period
ness, however it is pushing a radical abortion The SPEAKER pro tempore (Ms. for an employer, the data collected under
scheme that is opposed by most Americans. paragraph (1) shall include compensation
DELBENE). All time for debate has ex-
For these reasons, March for Life Action will data disaggregated by the categories de-
pired. scribed in subparagraph (E).
score against H.R. 7 in our annual scorecard
Each further amendment printed in ‘‘(B) For the purposes of collecting the
for the 117th Congress.
Sincerely, part B of House Report 117–15 not ear- disaggregated compensation data described
THOMAS MCCLUSKY, lier considered as part of amendments in subparagraph (A), the Commission may
President, March for Life Action. en bloc pursuant to section 3 of House use compensation ranges reporting—
-- Resolution 303, shall be considered only ‘‘(i) the number of employees of the em-
Ms. JOHNSON of Texas. Madam Speaker, in the order printed in the report, may ployer who earn compensation in an amount
I rise today to express my support for the pas- that falls within such compensation range;
be offered only by a Member designated
sage of H.R. 7, the Paycheck Fairness Act. and
in the report, shall be considered as ‘‘(ii) the total number of hours worked by
This landmark legislation, of which I am a read, shall be debatable for the time such employees.
proud cosponsor, will close loopholes in the specified in the report equally divided ‘‘(C) If the Commission uses compensation
Equal Pay Act to better protect and promote and controlled by the proponent and an ranges to collect the pay data described in
effective remedies for workers still subject to opponent, may be withdrawn by the subparagraph (A), the Commission may ad-
inequitable and insufficient pay. proponent at any time before the ques- just such compensation ranges—
Signed into law by President John F. Ken- ‘‘(i) if the Commission determines that
tion is put thereon, shall not be subject
nedy in 1963, the Equal Pay Act was the first such adjustment is necessary to enhance en-
to amendment, and shall not be subject forcement of Federal laws prohibiting pay
anti-discrimination law addressing wage dif- to a demand for division of the ques- discrimination; or
ferences at the federal level. Now, half a cen- tion. ‘‘(ii) for inflation, in consultation with the
tury after its enactment, women and minorities It shall be in order at any time for Bureau of Labor Statistics.’’.
still face significant wage disparities despite the chair of the Committee on Edu- In subparagraph (D) of subsection (f)(3) as
making great strides in the workforce. Accord- cation and Labor or his designee to added to section 709 of the Civil Rights Act
ing to a study conducted by the U.S. Census offer amendments en bloc consisting of of 1964 by the amendment made by section 7
Bureau’s American Community Survey, the of the bill, strike ‘‘shall’’ and insert ‘‘may’’.
further amendments printed in part B In subparagraph (G) of subsection (f)(3) as
median earnings for women in Texas is $36k, of House Report 117–15, not earlier dis- added to section 709 of the Civil Rights Act
compared to the median earnings of $46k for posed of. Amendments en bloc shall be of 1964 by the amendment made by section 7
men. Across the Nation, women are only earn- considered as read, shall be debatable of the bill, strike ‘‘annually’’ and insert ‘‘at
ing on average 82 cents for every dollar a for 20 minutes equally divided and con- 18-month intervals’’.
man makes in similar, full-time positions. The trolled by the chair and ranking minor- AMENDMENT NO. 2 OFFERED BY MS. NEWMAN OF
differences are only exacerbated when you ity member of the Committee on Edu- ILLINOIS
take into consideration that Black women cation and Labor or their respective Page 28, after line 17, insert the following:
make 63 cents, Native American women 60 designees, shall not be subject to SEC. 12. NOTICE REQUIREMENTS.
cents, and Hispanic women 55 cents. amendment, and shall not be subject to (a) IN GENERAL.—Each employer shall post
As the first Black woman elected in Dallas and keep posted, in conspicuous places on
a demand for division of the question.
and someone who has worked in fields domi- the premises of the employer where notices
AMENDMENTS EN BLOC OFFERED BY MR. to employees are customarily posted, a no-
nated by men, I have witnessed and experi- SCOTT OF VIRGINIA tice, to be prepared or approved by the Equal
enced firsthand the biases and hardships that Mr. SCOTT of Virginia. Madam Employment Opportunity Commission and
women and minorities face in our workforce. Speaker, pursuant to section 3 of House the Secretary of Labor, of the requirements
That is why I am proud to announce that the Resolution 303, I rise to offer amend- described in this Act (or the amendments
advances made in this legislation are wide- ments en bloc. made by such Act).
ranging and significant. The Paycheck Fair- The SPEAKER pro tempore. The (b) RELATION TO EXISTING NOTICES.—The
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ness Act will protect working women against Clerk will designate the amendments notice under subsection (a) may be incor-
retaliation for discussing salaries, prohibit em- porated into notices required of the em-
en bloc.
ployer as of the date of enactment of this
ployers from screening job applicants based Amendments en bloc consisting of Act.
on their salary history, and finally require em- amendment Nos. 1, 2, 3, 5, and 6, print- (c) DIGITAL NOTICE.—With respect to the
ployers to prove that pay disparities exist for ed in part B of House Report 117–15, of- notice under subsection (a), each employer
legitimate, job-related reasons. Additionally, fered by Mr. SCOTT of Virginia: shall—
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H1820 CONGRESSIONAL RECORD — HOUSE April 15, 2021
(1) post electronic copies of the notice on actment of this Act, the Secretary of Labor, Democrats claim H.R. 7 will improve
an internal website to which employees have acting through the Director of the Women’s upon these bipartisan laws to create
access; and Bureau, shall request proposals and commis- new opportunities for women to fight
(2) notify employees on such internal sion studies that can advance knowledge on
pay discrimination. What H.R. 7 actu-
website of the location of the place on the the gender wage gap among younger work-
premises where the notice is posted. ers, and shall make such studies available on ally does is create new opportunities
Page 28, beginning on line 18, redesignate a publicly accessible website of the Depart- for trial lawyers to earn higher pay-
sections 12 and 13 as sections 13 and 14, re- ment of Labor. checks while offering no new protec-
spectively. AMENDMENT NO. 6 OFFERED BY MS. WILLIAMS tions for pay discrimination in the
AMENDMENT NO. 3 OFFERED BY MS. OCASIO- OF GEORGIA workplace.
CORTEZ OF NEW YORK Page 27, after line 16, insert the following Unfortunately, I cannot support any
On page 12, after line 15, insert the fol- (and redesignate subsequent sections accord- of the Democrat amendments to H.R. 7
lowing: ingly): because none of them addresses the nu-
(a) NEGOTIATION BIAS TRAINING.— SEC. 10. NATIONAL EQUAL PAY ENFORCEMENT merous unworkable and onerous provi-
(1) IN GENERAL.—The Secretary of Labor TASK FORCE.
shall establish a program to award contracts
sions in the bill.
(a) IN GENERAL.—There is established the
and grants for the purpose of training em- National Equal Pay Enforcement Task
I appreciate that Representative
ployers about the role that salary negotia- Force, consisting of representatives from the BEYER’s amendment recognizes the
tion and other inconsistent wage setting Equal Employment Opportunity Commis- very serious problems with H.R. 7 by
practices can have on allowing bias to enter sion, the Department of Justice, the Depart- attempting to place a fig leaf on the
compensation. ment of Labor, and the Office of Personnel expansive government data collection
(2) TRAINING TOPICS.—Each training pro- Management. mandate in the bill. However, the
gram established using funds under section (b) MISSION.—In order to improve compli- Equal Employment Opportunity Com-
(a) shall include an overview of how struc- ance, public education, and enforcement of
mission, EEOC, is still required to im-
tural issues may cause inequitable earning equal pay laws, the National Equal Pay En-
and advancement opportunities for women forcement Task Force will ensure that the plement the draconian data collection
and people of color and assist employers in agencies in subsection (a) are coordinating scheme in the underlying bill, which is
examining the impact of a range of practices efforts and limiting potential gaps in en- still extremely misguided, expensive,
on such opportunities, including— forcement. and unnecessary.
(A) self-auditing to identify structural (c) DUTIES.—The National Equal Pay En- H.R. 7 requires business owners to
issues that allow bias and inequity to enter forcement Task Force shall investigate chal- submit reams of pay data to the EEOC
compensation; lenges related to pay inequity pursuant to disaggregated by job category, race,
(B) recruitment of candidates to ensure di- its mission in subsection (b), advance rec-
sex, and ethnicity. Moreover, the col-
verse pools of applicants; ommendations to address those challenges,
(C) salary negotiations that result in simi- and create action plans to implement the lection mandate also includes other
larly qualified workers entering at different recommendations. employment-related data, including
rates of pay; The SPEAKER pro tempore. Pursu- hiring, termination, and promotion
(D) internal equity among workers with ant to House Resolution 303, the gen- data, which even the discredited 2016
similar skills, effort, responsibility and tleman from Virginia (Mr. SCOTT) and Obama administration pay data collec-
working conditions; the gentlewoman from North Carolina tion scheme did not include.
(E) consistent use of market rates and in- (Ms. FOXX) each will control 10 min- The data collection mandate in H.R.
centives driven by industry competitiveness; 7 raises several concerns.
(F) evaluation of the rate of employee
utes.
The Chair recognizes the gentleman First, it puts at risk volumes of high-
progress and advancement to higher paid po-
sitions; from Virginia. ly confidential pay data involving mil-
(G) work assignments that result in great- Mr. SCOTT of Virginia. Madam lions of individual workers. We all
er opportunity for advancement; Speaker, I yield myself 1 minute. know of the widespread data breaches
(H) training, development and promotion Madam Speaker, these amendments the Federal Government has suffered.
opportunities; will: require the EEOC to provide for Second, EEOC will not be able to
(I) impact of mid-level or senior level hir- the collection of annual compensation manage or properly use this data. It
ing in comparison to wage rates of incum- data for employees disaggregated by has never been explained what exactly
bent workers; race, sex, and national origin; add a re- the EEOC will do with this data.
(J) opportunities to win commissions and
quirement that employers post notices Madam Speaker, data is not the same
bonuses;
(K) performance reviews and raises; and distribute information electroni- as information.
(L) processes for adjusting pay to address cally informing employees of their Third, this mandate is overly burden-
inconsistency and inequity in compensation; rights under this act; direct the De- some. Under the Obama administration
and partment of Labor establish a program scheme, the data cells required from
(M) other topics that research identifies as to award grants to employers to engage business owners when they file an Em-
a common area for assumptions, bias and in- in training and conduct self-audits to ployer Information Report, EEO–1,
equity to impact compensation. identify and reduce bias in pay prac- with EEOC expanded 180 cells to 3,660.
On page 12, line 16, strike ‘‘(a)’’ and insert
‘‘(b)’’. tices; direct the Secretary of Labor to Let me say that again: from 180 cells to
On page 13, line 19, strike ‘‘(b)’’ and insert conduct a study and a research lit- 3,660. H.R. 7’s scheme will add on hun-
‘‘(c)’’. erature review of gender wage gap in dreds, if not thousands, of more data
On page 14, line 12, strike ‘‘(c)’’ and insert the teenage workforce; and reestablish cells.
‘‘(d)’’. the National Equal Pay Equity Task EEOC has estimated that with the
AMENDMENT NO. 5 OFFERED BY MR. TORRES OF Force that had been set up under the new reams of pay data added, the col-
NEW YORK Obama administration to coordinate lection will cost business owners more
Page 16, strike line 1 and all that follows efforts between the Department of than $600 million annually. I doubt
through page 18, line 6, and insert the fol- Labor, the Department of Justice, and that is going to help one single woman
lowing: in this country.
(b) RESEARCH ON GENDER PAY GAP IN TEEN- the Office of Personnel Management.
AGE LABOR FORCE.— These amendments will make mean- Although this amendment purports
(1) RESEARCH REVIEW.—Not later than 12 ingful improvements to the bill, and I to give EEOC more discretion to imple-
months after the date of the enactment of urge a ‘‘yes’’ vote on the en bloc ment the pay data collection, this data
this Act, the Secretary of Labor, acting amendments. I reserve the balance of collection mandate should simply be
through the Director of the Women’s Bureau, my time. removed from the bill.
shall conduct a review and develop a syn- Ms. FOXX. Madam Speaker, I yield In any event, discretion cuts both
thesis of research on the gender wage gap myself such time as I may consume, ways, and the Democrat-controlled
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among younger workers existing as of the EEOC may choose to implement a data
and I rise in opposition to the en bloc
date of enactment of this Act, and shall
make such review and synthesis available on amendments. collection scheme even more expan-
a publicly accessible website of the Depart- Madam Speaker, in America, dis- sive.
ment of Labor. criminating in pay based on sex is ille- Let me be clear that the Beyer
(2) AUTHORITY TO COMMISSION STUDIES.—Not gal, as codified in the Equal Pay Act amendment does not improve the dra-
later than 36 months after the date of the en- and the Civil Rights Act. conian pay data collection mandate in
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April 15, 2021 CONGRESSIONAL RECORD — HOUSE H1821
the underlying bill or the other serious I was privileged to serve on the ments, and I will share a tip because I
flaws in other sections of H.R. 7 we Science Committee and study physics am a former small business owner. So,
have talked about today. as an undergraduate, and I have always there is this great thing called commu-
Representative NEWMAN’s amend- been impressed with the Heisenberg un- nication. You can chat with one an-
ment takes a longstanding reasonable certainty principle. It says you can’t other and talk about some of their
requirement and makes it disruptive measure something without changing rights, so I recommend it for all that
and unworkable. it. ask.
First, the amendment requires a As a longtime businessman, we al- Madam Speaker, I rise on behalf of
workplace notice posting of a partisan ways wanted to be driven by data be- the millions of women in the workforce
special-interest bill which fails to ad- cause you can’t manage what you don’t that to this day are still only making
dress pay discrimination in the work- measure. 82 cents on every dollar. My amazing
place. Receiving equal pay should not have colleagues have identified lots of stats
Second, under current law, covered to depend on an anonymous note writer that are very, very convincing with
employers must post a notice of the letting you know that you are being strong data.
equal employment opportunity rights underpaid. Guaranteeing that women I ask today that everyone consider
in a conspicuous place at the work- and men receive equal pay for equal the 15 to 20 percent of the female work-
place. Employees who telecommute or work is a principle rooted in our Na- force who have either paused or
otherwise do not have access to the tion’s commitment to equality and stopped their careers—or ruined their
physical notice must be provided an fairness. careers, which many would say—be-
electronic version. Under Representa- My amendment would require em- cause of the pandemic. It has been dev-
tive NEWMAN’s amendment, the em- ployers to report pay data by race, na- astating, as we all know.
ployer must post electronic copies of a tional origin, and gender to the Equal The Paycheck Fairness Act builds on
new notice on an internal website to Employment Opportunity Commission the Equal Pay Act and the Lilly
which employees have access. This is and for that data to be shared with the Ledbetter Fair Pay Act by making it
unrealistic. H.R. 7 applies to millions Office of Federal Contract Compliance harder for employers to pay women
of small businesses that do not have Programs.
less than men for the same work.
websites, much less internal websites It would lengthen the timeframe for
When woman return to the work-
for their employees. inception of the pay data collection
force, and I pray that they do, we must
In keep with the other impractical from 18 to 24 months, providing the
ensure that they are aware of their
provisions in H.R. 7, the amendment EEOC with more time to develop and
adds another onerous requirement on execute an effective pay data collec- rights under legislation—verbally,
small businesses that will be stuck tion. electronically, by any means; it all
with the bill. I believe it is plausible, Madam works—which is why I have introduced
Representative OCASIO-CORTEZ’ Speaker, to say that more than 90 per- an amendment that requires employers
amendment would create a new pro- cent of paychecks are prepared by soft- to display a poster in their workplace
gram for the Department of Labor to— ware, either internal or external. I re- or their employment worksite, or by
I hate to say this word—‘‘train’’ em- member preparing paychecks by hand, email, or whatever they can do, so
ployers regarding bias in negotiation but it is a very small business that workers clearly understand that they
and other wage-setting practices. The does that anymore. That software will have rights under this act.
amendment includes a non-exhaustive evolve overnight, probably through the Madam Speaker, I urge my col-
list of 13 wage-setting practices on course of this debate, and the burden is leagues to pass this amendment and
which employers allegedly need edu- likely to be small. this legislation so we can ensure equal
cation. Employers may understandably The amendment also permits, but work means equal pay.
review this list as 13 new ways for trial doesn’t require, the use of pay bands or Ms. FOXX. Madam Speaker, I reserve
lawyers to allege violations of the hours-worked data and provides the the balance of my time.
Equal Pay Act. EEOC with flexibility in what type of b 1415
I will compliment one aspect of Rep- compensation data to use. Impor-
resentative OCASIO-CORTEZ’ amend- Mr. SCOTT of Virginia. Madam
tantly, it also gives the EEOC the dis- Speaker, I yield 2 minutes to the gen-
ment. It mentions compensation self- cretion to collect additional employ-
audits. Republicans agree that self-au- tlewoman from Georgia (Ms. WIL-
ment-related data but also to consider LIAMS).
dits can be a useful tool in combating employer burden, data format, and con-
pay discrimination, and we urge sup- Ms. WILLIAMS of Georgia. Madam
fidentiality. Speaker, I rise today in support of the
port for the Republican substitute Pay data reporting by employers
amendment which encourages employ- Paycheck Fairness Act and my amend-
promises to shine light on race and
ers to conduct self-evaluations to iden- ment to this bill.
gender pay disparities, increase the
tify potentially unlawful pay dif- On average, full-time working women
likelihood of employer self-analysis
ferences and to take steps to rectify need to work well into the next year to
and self-correction, and identify the
any unlawful pay practices. Unfortu- catch up to the salary our male coun-
areas of concern for further investiga-
nately, H.R. 7 does not encourage these terparts earned the previous year.
tion by enforcement agencies.
self-evaluations. Reporting this data will also allow March 24 marked the day that women’s
Representative WILLIAMS’ amend- the EEOC to see which employers have salaries, on average, caught up to the
ment reestablishes the Obama-era Na- racial or gender pay gaps that differ salaries of our male counterparts in
tional Equal Pay Enforcement Task significantly from the pay patterns 2020. For several subgroups of women,
Force. This amendment would estab- from other employers in their industry this date won’t come until later this
lish another politically biased govern- and region. year. For example, as a Black woman,
ment bureaucracy that includes agen- I can also say, after almost 50 years it will take until August—an addi-
cies such as the EEOC and the Depart- of adapting to Federal regulations, al- tional 8 months—to make the same sal-
ment of Labor already tasked with en- most every business can find a way to ary of our male counterparts as they
forcing laws against pay discrimina- profit from it. did in 2020.
tion and ensuring compliance with Ms. FOXX. Madam Speaker, I reserve The American people look to Con-
those laws. the balance of my time. gress to be a force for economic justice
Madam Speaker, I reserve the bal- Mr. SCOTT of Virginia. Madam and create policies that are fair and
ance of my time. Speaker, I have two additional speak- just. It is simply wrong that in the 21st
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Mr. SCOTT of Virginia. Madam ers. century women still face pay inequity.
Speaker, I yield 2 minutes to the gen- Madam Speaker, I yield 2 minutes to That is why I am proud to support the
tleman from Virginia (Mr. BEYER). the gentlewoman from Illinois (Ms. Paycheck Fairness Act, which will
Mr. BEYER. Madam Speaker, I rise NEWMAN). strengthen existing laws to ensure that
today to urge my colleagues to support Ms. NEWMAN. Madam Speaker, I women are getting the pay that they
my amendment to H.R. 7. want to thank Ms. FOXX for her com- deserve.
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H1822 CONGRESSIONAL RECORD — HOUSE April 15, 2021
My amendment will build on this Pursuant to clause 8 of rule XX, fur- ‘‘(D) such audit is reasonable in detail and
crucial legislation by reestablishing ther proceedings on this question are scope with respect to the size of the em-
the Equal Pay Enforcement Task postponed. ployer.
‘‘(2) A job and wage analysis audit under
Force. This task force, which pre- AMENDMENT NO. 4 OFFERED BY MRS. MILLER-
this section and remedial action taken in re-
viously existed during the Obama- MEEKS
sponse to the findings of such audit—
Biden administration, will ensure Fed- The SPEAKER pro tempore. It is now ‘‘(A) may only be admissible by the em-
eral agencies are working together to in order to consider amendment No. 4 ployer for the purposes of showing—
limit any potential gaps in enforce- printed in part B of House Report 117– ‘‘(i) such audit was conducted; and
ment of equal pay laws. Putting this 15. ‘‘(ii) such reasonable steps were taken; and
task force back in place will bring us Mrs. MILLER-MEEKS. Madam ‘‘(B) shall not be discoverable or admis-
one step closer to ensuring that women Speaker, I rise as the designee of Rep- sible for any other purpose in any claim
resentative STEFANIK, and I have an against the employer.
finally receive equal pay for equal ‘‘(3) An employer who has not completed a
work. amendment at the desk. job and wage analysis audit under this sub-
Madam Speaker, I urge my col- The SPEAKER pro tempore. The section shall not be subject to a negative or
leagues to support this amendment and Clerk will designate the amendment. adverse inference as a result of not having
the bill before us today to ensure that The text of the amendment is as fol- completed such audit.
women are paid fairly. lows: ‘‘(4) An employer who has completed a job
Ms. FOXX. Madam Speaker, I reserve Strike all of the bill and insert the fol- and wage analysis audit that does not meets
the balance of my time. lowing: the requirements of subparagraph (D) of
Mr. SCOTT of Virginia. Madam SECTION 1. SHORT TITLE. paragraph (1) but otherwise meets the re-
This Act may be referred to as the ‘‘Wage quirements of such paragraph shall not be
Speaker, I hope we would adopt these liable for liquidated damages under section
three good amendments en bloc, and I Equity Act of 2021’’.
SEC. 2. FINDINGS. 16(b).
yield back the balance of my time. ‘‘(5) In this section—
(1) In 1963, Congress passed on a bipartisan
Ms. FOXX. Madam Speaker, I sup- ‘‘(A) the term ‘job and wage analysis audit’
basis the Equal Pay Act of 1963 to prohibit
port equal pay for equal work. I don’t discrimination on account of sex in the pay- means an audit conducted by the employer
know how many times Republicans ment of wages for equal work performed by for the purpose of identifying wage dispari-
have to say that, but we will keep say- employees for employers engaged in com- ties among employees on the basis of sex;
ing it if necessary because equal pay merce or in the production of goods for com- and
‘‘(B) the term ‘reasonable steps’, with re-
for equal work is the right thing to do, merce.
spect to differentials in wages among em-
but it is also required under two Fed- (2) Following the passage of such Act, in
1964, Congress passed on a bipartisan basis ployees that may violate section 6(d), means
eral statutes, and in most cases it is steps that are reasonable to address such dif-
the Civil Rights Act of 1964. Since the pas-
being adhered to. ferentials taking into account—
sage of both the Equal Pay Act of 1963 and
Congress should focus on policies the Civil Rights Act of 1964, women have ‘‘(i) the amount of time that has passed
that will continue to increase eco- made significant strides, both in the work- since the date on which the audit was initi-
nomic opportunity and expand options force and in their educational pursuits. ated;
for all workers. That is what we should (3) Prior to the COVID–19 pandemic, there ‘‘(ii) the nature and degree of progress re-
sulting from such reasonable steps toward
be doing in the Education and Labor were over 77,000,000 women in the workforce,
the most in American history. Of the compliance with section 6(d) compared to
Committee: looking for ways to in- the number of employees with respect to
crease economic opportunity and ex- 2,000,000 jobs created in 2019, 53 percent went
to women. This follows a trend that has been whom a violation may exist and the amount
pand options for all workers. of the wage rate differentials among such
rising for some time. Women are graduating
We shouldn’t be doing away with from college at a higher rate than their male employees; and
pipeline jobs, we shouldn’t be raising counter parts, making up 61 percent of all ‘‘(iii) the size and resources of the em-
taxes, and we shouldn’t be decreasing college degrees conferred in 2018. Addition- ployer.’’.
options for people to work in this coun- ally, according to a recent survey of working SEC. 5. WAGE HISTORY; DISCUSSION OF WAGES.
try; but that is what this administra- women, more than half are their family’s (a) IN GENERAL.—The Fair Labor Standards
tion is doing, and that is what the primary breadwinner. Act of 1938 (29 U.S.C. 201 et seq.) is amended
(4) The COVID–19 pandemic has had a sig- by inserting after section 7 the following new
other side is doing.
nificant impact on working women, resulting section:
The Democrat amendments and the
in over 2 million women leaving the work- ‘‘SEC. 8. PROVISIONS RELATING TO WAGE HIS-
underlying bill fail miserably in terms TORY AND DISCUSSION OF WAGE.
force since February 2020.
of increasing options and expanding (5) Despite these advances there is still ‘‘(a) REQUIREMENTS AND PROHIBITIONS RE-
economic opportunity. It is pushing concern among the American public that LATING TO WAGE HISTORY.—It shall be an un-
people into the bands, making every- gender-based wage discrimination has not lawful practice for a person after the date of
body the same and treating everybody been eliminated. enactment of the Wage Equity Act of 2021—
as though they have no individuality, SEC. 3. CLARIFYING SEX-BASED DISCRIMINATION ‘‘(1) to rely on the wage history of a pro-
they shouldn’t be innovative, they PROHIBITION. spective employee—
Section 6(d)(1) of the Fair Labor Standards ‘‘(A) in considering the prospective em-
shouldn’t be creative, and they
Act of 1938 (29 U.S.C. 206(d)(1)) is amended by ployee for employment, including by requir-
shouldn’t strive for more. That is not ing that the wage history of a prospective
inserting ‘‘bona fide business-related’’ after
the way to go. ‘‘any other’’. employee satisfies minimum or maximum
Madam Speaker, I urge my col- SEC. 4. JOB AND WAGE ANALYSIS. criteria as a condition of being considered
leagues to oppose the Democrat en bloc Section 16 of the Fair Labor Standards Act for employment; or
amendment and the underlying bill, of 1938 (29 U.S.C. 216) is amended by adding at ‘‘(B) in determining the rate of wage for
and I yield back the balance of my the end the following: such prospective employee; or
time. ‘‘(f)(1) An employer shall not be liable in ‘‘(2) to seek, or to require a prospective
The SPEAKER pro tempore. Pursu- an action brought against the employer for a employee to disclose, the wage history of
violation of section 6(d) if— such prospective employee.
ant to House Resolution 303, the pre- ‘‘(b) VOLUNTARY DISCLOSURE EXCEPTIONS.—
‘‘(A) during the period beginning on the
vious question is ordered on the date that is 3 years before the date on which ‘‘(1) IN GENERAL.—Subsection (a)(1) shall
amendments en bloc offered by the the action is brought and ending on the date not apply with respect to a prospective em-
gentleman from Virginia. that is 1 day before the date on which the ac- ployee who voluntarily discloses the wage
The question is on the amendments tion is brought, such employer completes a history of such prospective employee.
en bloc. job and wage analysis audit to determine ‘‘(2) WAGE HISTORY VERIFICATION.—Notwith-
The question was taken; and the whether there are differentials in wage rates standing subsection (a)(2), a person may take
Speaker pro tempore announced that among such employees that may violate sec- actions necessary to verify the wage history
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the ayes appeared to have it. tion 6(d); of a prospective employee if such wage his-
‘‘(B) such employer takes reasonable steps tory is voluntarily disclosed to the person by
Ms. FOXX. Madam Speaker, on that I such prospective employee.
to remedy any such differentials; and
demand the yeas and nays. ‘‘(C) such job and wage analysis audit is ‘‘(c) PRIOR INQUIRIES.—Subsection (a) shall
The SPEAKER pro tempore. Pursu- conducted and such reasonable steps are not apply with respect to the wage history of
ant to section 3(s) of House Resolution taken in good faith to investigate whether an employee acquired by an employer before
8, the yeas and nays are ordered. any such differentials exist; and the date of enactment of the Wage Equity
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April 15, 2021 CONGRESSIONAL RECORD — HOUSE H1823
Act of 2021, including a current employee’s 1938 (29 U.S.C. 216(e)(2)) is amended by strik- MEEKS) and a Member opposed each
wage history with another employer that ing ‘‘6 and 7’’ and inserting ‘‘6, 7, and 8’’. will control 5 minutes.
was requested and used to set an employee’s SEC. 6. NEGOTIATION SKILLS EDUCATION. The Chair recognizes the gentle-
starting wage before such date and which is (a) PROGRAM AUTHORIZED.—
embedded in an employee’s pay and pay in-
woman from Iowa.
(1) IN GENERAL.—The Secretary of Labor,
creases after such date. Mrs. MILLER-MEEKS. Madam
after consultation with the Secretary of
‘‘(d) PROHIBITIONS RELATING TO DISCUSSION Education, is authorized to establish and Speaker, I yield myself such time as I
OF WAGES.—Subject to subsection (c), it shall may consume.
carry out a grant program.
be an unlawful practice for an employer— (2) GRANTS.—In carrying out the program Madam Speaker, equal work deserves
‘‘(1) to prohibit an employee from inquir- under paragraph (1), the Secretary of Labor equal pay, and we owe it to women to
ing about, discussing, or disclosing the wage may make grants on a competitive basis to
of—
constructively engage on addressing
eligible entities to carry out negotiation pay disparities in the workplace and
‘‘(A) the employee; or skills education programs for the purposes of
‘‘(B) any other employee of the employer if put forward real solutions. Unfortu-
addressing wage disparities, including
such employee has voluntarily disclosed the nately, Democrats have put forth a bill
through outreach to women and girls.
wage of such employee; (3) ELIGIBLE ENTITIES.—To be eligible to re- that prioritizes lawsuits and govern-
‘‘(2) to prohibit an employee from request- ceive a grant under this subsection, an enti- ment regulation over women’s eco-
ing from the employer an explanation of dif- ty shall be a public agency, such as a State, nomic empowerment and advancement.
ferentials in compensation among employ- a local government in a metropolitan statis- H.R. 7 would require employers to
ees; or tical area (as defined by the Office of Man-
‘‘(3) to take an adverse employment action make intrusive data disclosures that
agement and Budget), a State educational would add compliance costs exceeding
against an employee for— agency, or a local educational agency, a pri-
‘‘(A) conduct described under paragraphs $600 million per year while posing seri-
vate nonprofit organization, or a commu-
(1) or (2); or nity-based organization.
ous threats to workers’ privacy and
‘‘(B) encouraging employees to engage in (4) APPLICATION.—To be eligible to receive their paychecks.
conduct described in such paragraphs. a grant under this subsection, an entity shall On top of these onerous new require-
‘‘(e) LIMITATIONS RELATING TO DISCUSSION
submit an application to the Secretary of ments, H.R. 7 will force America’s busi-
OF WAGES.—
Labor at such time, in such manner, and nesses to prepare for an onslaught of
‘‘(1) TIME AND PLACE LIMITATIONS.—An em-
containing such information as the Sec- frivolous lawsuits, which now will be
ployer may impose reasonable time, place,
retary of Labor may require. open to unlimited compensatory and
and manner limitations on conduct described
(5) USE OF FUNDS.—An entity that receives
under subsection (c) if such limitations are limited damages.
a grant under this subsection shall use the
written and available to each employee. Forty percent of small businesses are
funds made available through the grant to
‘‘(2) INVOLUNTARY DISCLOSURE.—An em- run by women, and H.R. 7 would make
carry out an effective negotiation skills edu-
ployer may prohibit an employee from dis- it harder for these women business
cation program for the purposes described in
cussing the wages of any other employee if
such other employee did not voluntarily dis-
paragraph (2). owners to succeed.
(b) INCORPORATING EDUCATION INTO EXIST- This issue is too important to leave
close such wages to the employee discussing
ING PROGRAMS.—The Secretary of Labor and to partisan solutions. Our amendment,
such wages.
‘‘(f) PAY EXPECTATION CONVERSATION.— the Secretary of Education shall issue regu- the Wage Equity Act, offers a stark
Nothing in this section shall be construed to lations or policy guidance that provides for
integrating the negotiation skills education,
contrast to the approach laid out in
prevent a person from— H.R. 7. We look to innovation in the
‘‘(1) inquiring about the pay expectations to the extent practicable, into programs au-
thorized under— States to find bipartisan policy that is
of a prospective employee; or
‘‘(2) providing information to such em- (1) in the case of the Secretary of Edu- supported by both Republicans and
ployee about the compensation and benefits cation, the Elementary and Secondary Edu- Democrats and signed by Republican
offered in relation to the position.’’. cation Act of 1965 (20 U.S.C. 6301 et seq.), the Governors—proof that equal pay for
(b) DEFINITIONS.—Section 2 of the Fair Carl D. Perkins Career and Technical Edu- equal work is not a partisan issue.
Labor Standards Act of 1938 (29 U.S.C. 202) is cation Act of 2006 (20 U.S.C. 2301 et seq.), the
The Wage Equity Act supports the
amended by adding at the end the following: Higher Education Act of 1965 (20 U.S.C. 1001
et seq.), and other programs carried out by empowerment of women in today’s
‘‘(z) the term ‘prospective employee’ means
an individual who took an affirmative step the Department of Education that the Sec- economy. America’s businesses—par-
to seek employment with a person and who retary of Education determines to be appro- ticularly our small businesses—seek to
is not currently employed by such person, a priate; and do right by their employees. In rec-
parent, subsidiary, predecessor, or related (2) in the case of the Secretary of Labor, ognition of this, the Wage Equity Act
company of such person, or an employer con- the Workforce Innovation and Opportunity creates a voluntary pay analysis sys-
nected by a purchase agreement with such Act (29 U.S.C. 3101 et seq.), and other pro- tem to encourage the good-faith efforts
person; and grams carried out by the Department of
of employers to self-identify and cor-
‘‘(aa) the term ‘wage history’ means the Labor that the Secretary of Labor deter-
mines to be appropriate. rect any wage disparities, should they
wages paid to the prospective employee by
the prospective employee’s current employer (c) REPORT.—Not later than 18 months exist, creating an environment of con-
or any previous employer of such em- after the date of enactment of this Act, and sistent self-reflection.
ployee.’’. annually thereafter, the Secretary of Labor, We believe every American should be
(c) RETALIATION.—Section 15(a)(3) of the in consultation with the Secretary of Edu- able to negotiate employment based
Fair Labor Standards Act of 1938 (29 U.S.C. cation, shall prepare and submit to Congress upon their qualifications and merit for
215(a)(3)) is amended— a report describing the activities conducted the position, and that a victim of wage
(1) by inserting ‘‘or prospective employee’’ under this section and evaluating the effec-
after ‘‘any employee’’; and tiveness of such activities in achieving the
discrimination should not have this
(2) by inserting ‘‘or prospective employee’’ purposes of this section. discrimination follow them to their
after ‘‘such employee’’. SEC. 7. GAO STUDY. next job and compound through the
(d) PENALTY.— The Comptroller General shall, not later rest of their career.
(1) IN GENERAL.—Section 16(b) of the Fair than 180 days after the date of the enactment This is why this amendment protects
Labor Standards Act of 1938 (29 U.S.C. 216(b)) of this Act, submit to Congress a study on the employee’s right to not disclose
is amended by inserting ‘‘Any person who the causes and effects of— their salary history during the job
violates the provisions of section 8 with re- (1) wage disparities among men and
spect to an employee or prospective em-
interview process unless they wish to
women; do so voluntarily. At the same time, we
ployee shall be liable to such employee in an (2) with respect to employees that leave
amount equal to the difference between the cannot erode the necessary negotia-
the workforce for parental reasons (com-
amount that the employee or prospective monly referred to as the ‘‘Manager’s Gap’’),
tions that take place in a job inter-
employee would have received but for such the impact on wages and opportunity poten- view.
violation and the amount received by such tial; and The Wage Equity Act protects the
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employee or prospective employee, and an (3) the disparities in negotiation skills ability for an employee and their pro-
additional equal amount as liquidated dam- among men and women upon entering the spective employer to have a pay expec-
ages.’’ after ‘‘tips unlawfully kept by the em- workforce.
ployer, and in an additional equal amount as tation conversation, an important part
liquidated damages.’’. The SPEAKER pro tempore. Pursu- of any negotiation.
(2) CIVIL MONETARY PENALTY.—Section ant to House Resolution 303, the gen- Our amendment protects employees’
16(e)(2) of the Fair Labor Standards Act of tlewoman from Iowa (Mrs. MILLER- ability to discuss compensation with
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H1824 CONGRESSIONAL RECORD — HOUSE April 15, 2021
their colleagues while giving employ- The Paycheck Fairness Act ensures tecting employees who disclose or dis-
ers the ability to set reasonable limita- all workers will get equal pay for equal cuss that pay, it allows employers to
tions on the time, location, and man- work, regardless of gender. It will pro- place limitations on when, where, and
ner of this activity to protect employ- hibit employers from paying women how employees may do so, negating the
ees from harassment. less simply because another employer point of the provision.
Furthermore, the Wage Equity Act paid them less in the past. It helps to Madam Speaker, you cannot remedy
seeks to put women on equal footing as oppose pay discrimination with more pay discrimination if you have no idea
men as they start their careers with a speed and transparency, and allows that you are making less than the man
grant program targeted towards women to fight pay injustices they across the hall. When workers fear re-
women in college and career tech pro- may experience. The Paycheck Fair- taliation for talking about their pay,
grams to provide negotiation skills ness Act fixes a systemic injustice that any wage gap they face is likely to con-
education. women have suffered. tinue to grow undiscovered in the shad-
Lastly, our amendment directs the This amendment would only water ows.
GAO to study the manager’s gap to down this landmark civil rights and More egregiously, there is no mecha-
give us a clearer sense of the impact labor legislation. Madam Speaker, I nism for enforcement, as it would allow
new parents leaving the workforce strongly encourage my colleagues to employers who conduct self-designed
have on an employee’s future earning vote ‘‘no’’ to this amendment and pay audits to escape accountability for
and opportunity potential. stand up for equity. unlawful pay disparities and deny a
These are commonsense proposals Mrs. MILLER-MEEKS. Madam worker a remedy.
that are supported by both Democrats Speaker, I yield 1 minute to the gentle- I think it bears repeating that cor-
and Republicans alike. I encourage my woman from North Carolina (Ms. porations do not feel free to sell us
colleagues to reject partisan Govern- FOXX). spoiled meat, lock our daughters up in
ment overreach and to support prac- Ms. FOXX. Madam Speaker, I thank ninth-floor sweatshops with no fire es-
tical, bipartisan solutions that improve the gentlewoman for yielding. capes, employ our underage sons in
the existing law of the land—equal pay Madam Speaker, I rise in support of coal mines, force us to work 13-hour
for equal work—by voting for the this amendment, which was also intro- shifts without overtime or a break be-
Stefanik amendment. duced earlier this week by Representa- cause corporations experienced a mo-
Madam Speaker, I reserve the bal- tive STEFANIK as a standalone bill, H.R. ment of Zen and decided to evolve.
ance of my time. 2491, the Wage Equity Act of 2021. No. They were forced into greater ac-
Mr. SCOTT of Virginia. Madam countability and social concern by the
Unlike the so-called Paycheck Fair-
Speaker, I claim the time in opposition legitimate actions of a democratic gov-
ness Act, which will unfairly punish
to the amendment. ernment. In other words, if we depend
The SPEAKER pro tempore. The gen- businessowners and reward trial law-
yers at the expense of workers, this on goodwill or a self-audit, then we are
tleman is recognized for 5 minutes.
Mr. SCOTT of Virginia. Madam amendment will effectively address pay all screwed.
discrimination in the workplace and This amendment seeks to destroy the
Speaker, I yield 2 minutes to the gen-
tlewoman from Connecticut (Mrs. help working women by ensuring pay entire purpose of the bill and allows
HAYES). differences among workers of the oppo- companies to evade accountability for
Mrs. HAYES. Madam Speaker, this site sex are due to legitimate business- violating the law.
amendment would allow employers to related reasons. Madam Speaker, I urge a ‘‘no’’ vote
self-audit compensation disparity. Ask- Among other commonsense provi- on this amendment and a ‘‘yes’’ vote
ing the same employer, who may be en- sions, this amendment will direct funds for the Paycheck Fairness Act.
and research towards women’s ad- Mrs. MILLER-MEEKS. Madam
gaged in pay discrimination, to self-po-
lice their wage practices is a blatant vancement in the workplace and will Speaker, I urge my colleagues to sup-
conflict of interest. also authorize a grant program to edu- port the amendment, and I yield back
Rather than actually incentivizing cate women in college careers and the balance of my time.
equal pay, as Ms. STEFANIK would technical programs on negotiating pay. b 1430
claim, this amendment gives employ- This amendment will also allow job Mr. SCOTT of Virginia. Madam
ers the tool to hide evidence of pay dis- applicants to disclose prior salary his- Speaker, I yield myself the balance of
crimination and delay any resulting tory voluntarily, ensuring they control my time.
lawsuit and accountability by 3 years. this information as they see fit. I would hope we would defeat the
The very idea behind this provision is Madam Speaker, I urge my col- amendment. This just recreates the
insidious. It presumes that employers leagues to support this amendment. loopholes that we are trying to close.
should be given loopholes to avoid li- Mr. SCOTT of Virginia. Madam You have to start with the idea that
ability after breaking the law. Employ- Speaker, I yield 2 minutes to the gen- there is a differential in pay. And what
ers do not need a workaround to guard tlewoman from Connecticut (Ms. we are trying to do is—if you can ex-
against these types of lawsuits. Their DELAURO), who is the sponsor of the plain this in any kind of way that is
best defense is simple: do not engage in underlying legislation. business-related, then they get away
wage discrimination. Ms. DELAURO. Madam Speaker, the with it.
In fact, this amendment actually cre- gender pay gap is a pervasive problem The Fair Pay Act says it has to be
ates another means for employers to that demands thoughtful, bona fide and required by the job. If it
discriminate on the basis of sex by pre- multipronged solutions. The Paycheck is not required by the job, why do you
serving a vague standard for employer Fairness Act represents a comprehen- have a differential in pay?
defense when accused of wage discrimi- sive response to the shortcomings of We can do better than this, and I
nation. Unlike Ms. STEFANIK’s proposed existing law and addresses the holes hope we defeat the amendment.
amendment, H.R. 7 makes clear that that have emerged over time. Madam Speaker, I yield back the bal-
the ‘‘any factor other than sex’’ em- Representative STEFANIK’s sub- ance of my time.
ployer defense must be bona fide, job- stitute, the Wage Equity Act, is ex- The SPEAKER pro tempore. Pursu-
related, and required by business neces- actly what the Paycheck Fairness Act ant to House Resolution 303, the pre-
sity. has been fighting over the years. It vious question is ordered on the
Employees must be judged by their purports to offer protections, but, in amendment offered by the gentle-
education, training or experience in- reality, it creates loopholes that give a woman from Iowa (Mrs. MILLER-
stead of their gender. As women drop wink and a nod to discrimination. Not MEEKS).
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out of the workforce in historic num- only would it offer empty protections, The question was taken; and the
bers due to the pressures of COVID–19, it would erode existing protections al- Speaker pro tempore announced that
we have a responsibility to take every ready in place. the noes appear to have it.
precaution to ensure they do not face The substitute includes inadequate Mrs. MILLER-MEEKS. Madam
discrimination when they return to the protections for workers who discuss or Speaker, on that I demand the yeas
workforce. disclose wages. While ostensibly pro- and nays.
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April 15, 2021 CONGRESSIONAL RECORD — HOUSE H1825
The SPEAKER pro tempore. Pursu- Herrell Mast Scanlon b 1503
Herrera Beutler McBath Schakowsky
ant to section 3(s) of House Resolution Higgins (LA) McCarthy Schiff Mr. SESSIONS changed his vote from
8, the yeas and nays are ordered. Higgins (NY) McCaul Schneider ‘‘yea’’ to ‘‘nay.’’
Pursuant to clause 8 of rule XX, fur- Hill McClain Schrader
Mrs. MILLER of Illinois and Mr.
ther proceedings on this question are Himes McClintock Schrier
Hinson McCollum Schweikert MCHENRY changed their vote from
postponed. Hollingsworth McEachin Scott (VA) ‘‘nay’’ to ‘‘yea.’’
Pursuant to clause 1(c) of rule XIX, Horsford McGovern Scott, Austin So (two-thirds being in the affirma-
further consideration of H.R. 7 is post- Houlahan McHenry Scott, David
Hoyer McKinley Sewell tive) the rules were suspended and the
poned. Hudson McNerney Sherman bill, as amended, was passed.
f Huffman Meeks Sherrill The result of the vote was announced
Huizenga Meijer Simpson
Issa Mfume Sires
as above recorded.
FRAUD AND SCAM REDUCTION A motion to reconsider was laid on
Jackson Miller (IL) Slotkin
ACT Jackson Lee Miller (WV) Smith (MO) the table.
The SPEAKER pro tempore. Pursu- Jacobs (CA) Miller-Meeks Smith (NE) Stated for:
Jacobs (NY) Moolenaar Smith (NJ)
ant to clause 8 of rule XX, the unfin- Jayapal Mooney Smith (WA) Mr. ESPAILLAT. Madam Speaker, I was in
ished business is the vote on the mo- Jeffries Moore (AL) Smucker a Zoom meeting with the Secretary of Trans-
tion to suspend the rules and pass the Johnson (GA) Moore (UT) Soto portation. Had I been present, I would have
Johnson (LA) Moore (WI) Spanberger
bill (H.R. 1215) to establish an office Johnson (OH) Morelle Spartz
voted ‘‘yea’’ on rollcall No. 104.
within the Federal Trade Commission Johnson (SD) Moulton Speier Mr. GRAVES of Louisiana. Madam Speaker,
and an outside advisory group to pre- Johnson (TX) Mrvan Stanton the back up at the useless security screening
vent fraud targeting seniors and to di- Jones Mullin Stauber onto the House floor was backed up pre-
Jordan Murphy (FL) Steel
rect the Commission to include addi- Joyce (OH) Murphy (NC) Stefanik venting me from making the vote. Had I been
tional information in an annual report Joyce (PA) Nadler Steil present, I would have voted ‘‘yea’’ on rollcall
to Congress on fraud targeting seniors, Kaptur Napolitano Steube No. 104.
Katko Neal Stevens
and for other purposes, as amended, on Keating Neguse Stewart
Mr. NEWHOUSE. Madam Speaker, had I
which the yeas and nays were ordered. Keller Nehls Stivers been present, I would have voted ‘‘yea’’ on
The Clerk read the title of the bill. Kelly (IL) Newman Strickland rollcall No. 104.
The SPEAKER pro tempore. The Kelly (MS) Norcross Suozzi Ms. BUSH. Madam Speaker, unfortunately,
Kelly (PA) Nunes Swalwell
question is on the motion offered by Khanna O’Halleran Taylor I missed today’s vote on the Fraud and Scam
the gentleman from New Jersey (Mr. Kildee Obernolte Tenney Reduction Act, as amended.
PALLONE) that the House suspend the Kilmer Ocasio-Cortez Thompson (CA) Had I been present, I would have voted
Kim (CA) Omar Thompson (MS)
rules and pass the bill, as amended. Kim (NJ) Owens Thompson (PA)
‘‘yea’’ on rollcall No. 104.
The vote was taken by electronic de- Kind Palazzo Tiffany MEMBERS RECORDED PURSUANT TO HOUSE
vice, and there were—yeas 396, nays 13, Kinzinger Pallone Timmons RESOLUTION 8, 117TH CONGRESS
not voting 20, as follows: Kirkpatrick Palmer Titus
Allred (Wexton) Lieu (Beyer) Rush
Krishnamoorthi Panetta Tlaib
[Roll No. 104] Babin (Fallon) Lowenthal (Underwood)
Kuster Pappas Tonko
Cárdenas (Beyer) Sewell (DelBene)
YEAS—396 Kustoff Pascrell Torres (CA)
(Gonzalez, Mfume (Raskin) Slotkin
LaHood Payne Torres (NY)
Adams Case Escobar Vicente) Moore (WI) (Stevens)
LaMalfa Pence Trahan
Aderholt Casten Eshoo Crenshaw (Beyer) Stefanik
Lamb Perlmutter Trone
Aguilar Castor (FL) Estes (Fallon) Moulton (Tenney)
Lamborn Perry Turner
Allen Castro (TX) Evans Greene (GA) (Underwood) Steube
Langevin Peters Underwood
Allred Chabot Fallon (Gosar) (Timmons)
Larsen (WA) Pfluger Upton Napolitano
Amodei Cheney Feenstra Grijalva (Garcı́a Trahan (Lynch)
Larson (CT) Phillips Valadao (Correa)
Arrington Cicilline Ferguson (IL)) Wasserman
Latta Pingree Van Drew Neal (Lynch)
Auchincloss Clark (MA) Fischbach Jayapal (Raskin) Schultz (Soto)
LaTurner Pocan Van Duyne Nehls (Fallon)
Axne Clarke (NY) Fitzgerald Johnson (TX) Watson Coleman
Lawrence Porter Vargas Norcross
Babin Cleaver Fitzpatrick (Jeffries) (Pallone)
Lawson (FL) Posey Veasey (Pallone)
Bacon Cline Fleischmann Keating (Clark Wilson (FL)
Lee (CA) Pressley Vela Omar (Pressley)
Baird Cloud Fletcher (MA)) (Hayes)
Lee (NV) Price (NC) Velázquez Payne (Pallone)
Balderson Clyburn Fortenberry Lawson (FL) Wilson (SC)
Leger Fernandez Quigley Wagner
Banks Clyde Foster (Evans) Porter (Wexton) (Timmons)
Lesko Raskin Walberg
Barr Cohen Foxx Letlow Reed Walorski
Barragán Cole Frankel, Lois Levin (CA) Reschenthaler Waltz f
Bass Comer Franklin, C. Levin (MI) Rice (NY) Wasserman
Beatty Connolly Scott Lieu Rice (SC) Schultz NICHOLAS AND ZACHARY BURT
Bentz Cooper Fulcher Lofgren Rodgers (WA) Watson Coleman
Bera Correa Gallagher
MEMORIAL CARBON MONOXIDE
Long Rogers (AL) Weber (TX)
Bergman Costa Gallego Loudermilk Rose Webster (FL)
POISONING PREVENTION ACT OF
Beyer Courtney Garamendi Lowenthal Rosendale Welch 2021
Bice (OK) Craig Garbarino Lucas Ross Wenstrup
Bilirakis Crawford Garcia (CA) Luetkemeyer Rouzer Westerman
The SPEAKER pro tempore. Pursu-
Bishop (GA) Crenshaw Garcı́a (IL) Luria Roybal-Allard Wexton ant to clause 8 of rule XX, the unfin-
Blumenauer Crist Garcia (TX) Lynch Ruiz Wild ished business is the vote on the mo-
Blunt Rochester Crow Gibbs Mace Ruppersberger Williams (GA)
Bonamici Cuellar Gimenez tion to suspend the rules and pass the
Malinowski Rush Williams (TX)
Bost Davids (KS) Gomez Malliotakis Rutherford Wilson (FL) bill (H.R. 1460) to encourage States to
Bourdeaux Davidson Gonzales, Tony Maloney, Ryan Wilson (SC) require the installation of residential
Bowman Davis, Danny K. Gonzalez (OH) Carolyn B. Salazar Wittman
Boyle, Brendan Davis, Rodney Gonzalez,
carbon monoxide detectors in homes,
Maloney, Sean Sánchez Womack
F. Dean Vicente Mann Sarbanes Yarmuth
and for other purposes, on which the
Brown DeFazio Gooden (TX) Manning Scalise Zeldin yeas and nays were ordered.
Brownley DeGette Gottheimer The Clerk read the title of the bill.
Buchanan DeLauro Granger NAYS—13
Bucshon DelBene Graves (MO) The SPEAKER pro tempore. The
Budd Delgado Green (TN) Biggs Good (VA) Norman question is on the motion offered by
Burchett Demings Green, Al (TX) Brooks Gosar Roy
Buck Greene (GA) Sessions
the gentleman from New Jersey (Mr.
Burgess DeSaulnier Griffith
Bustos DesJarlais Grijalva Gaetz Hice (GA) PALLONE) that the House suspend the
Butterfield Deutch Grothman Gohmert Massie rules and pass the bill.
Calvert Diaz-Balart Guest
NOT VOTING—20 The vote was taken by electronic de-
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Cammack Dingell Guthrie vice, and there were—yeas 362, nays 49,
Carbajal Doggett Hagedorn Armstrong Curtis Meuser
Cárdenas Donalds Harder (CA) Bishop (NC) Espaillat Newhouse not voting 18, as follows:
Carl Doyle, Michael Harris Boebert Golden Rogers (KY) [Roll No. 105]
Carson F. Harshbarger Brady Graves (LA) Takano
Carter (GA) Duncan Hartzler Bush Kahele
YEAS—362
Waters
Carter (TX) Dunn Hayes Cawthorn Matsui Young Aguilar Amodei Auchincloss
Cartwright Emmer Hern Chu Meng Allred Armstrong Axne
VerDate Sep 11 2014 06:27 Apr 16, 2021 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K15AP7.045 H15APPT1
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- www.govinfo.gov