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H.R. 2039 (116th): Fair Pay Act of 2019

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Jun 12, 2020.

Fair Pay Act of 2019

This bill amends the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin. (Payment of different wages is allowed under seniority systems, merit systems, systems that measure earnings by quantity or quality of production, or differentials based on bona fide factors that the employer demonstrates are job-related or further legitimate business interests.) The bill allows compensatory or punitive damages for violations of such prohibition.

The bill prohibits an employer from discriminating against any individual who opposes any act or practice made illegal by this bill or for assisting in an investigation, or discharging or discriminating against any employee who inquires about or discusses another employee's wages.

The Equal Employment Opportunity Commission shall: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public for implementing this bill's wage discrimination prohibitions; and (2) carry on a continuing program of research, education, and technical assistance to correct wage disparities.