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ARTICLE · 12 SEPTEMBER 2014

Senate Advances Paycheck Fairness Act

Senate Democrats continue to push pay equity as a pre-November election theme. On Wednesday, the Paycheck Fairness Act resurfaced to serve this purpose.

United StatesEmployment and HR

Senate Democrats continue to push pay equity as a pre-November election theme. On Wednesday, the Paycheck Fairness Act (S. 2199) resurfaced to serve this purpose. Supporters of the bill needed at least 60 votes on a motion to proceed to consideration of the measure. The chamber voted 73-25 in favor of proceeding.

This bill would expand damages available under the Equal Pay Act (EPA) to include potentially unlimited compensatory and punitive awards for wage discrimination; weaken an employer's ability to raise the "factor other than sex" affirmative defense in a wage discrimination case; ease the requirements for bringing a class action lawsuit under the EPA; make it unlawful for an employer to prevent employees from discussing or comparing salaries; and impose additional compensation reporting requirements on employers. As explained in an April 2014 Senate hearing, critics of this legislation said it would, among other things, subject employers to extremely high

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