On March 27, 2019, the U.S. House of Representatives passed H.R. 7, the Paycheck Fairness Act. The bill would amend the Equal Pay Act of 1963 (EPA) to expand potential damage awards for equal pay claims, limit an employer’s ability to raise the “any factor other than sex” affirmative defense in wage discrimination cases, and make it unlawful for an employer to prevent employees from discussing or comparing salaries, among other changes.1 Given the political makeup of the Senate, this bill is unlikely to advance much further this legislative season. Because the issue of pay equity is gaining ground, however, the bill may be used as a campaign talking point as the next election approaches. In addition, states have been picking up the legislative slack, so similar bills could advance in local state houses.
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