S. 728 would revise the equal pay provisions of the Fair Labor Standards Act, which prohibits wage discrimination on the basis of sex and would impose additional penalties for violations of those provisions. Specifically, S. 728 would make employers liable for compensatory and punitive damages in certain cases of wage discrimination, restrict the use of the bona fide factor defense for wage discrimination claims, enhance prohibitions against retaliation, and prohibit contracts that prevent employees from disclosing their wages. It also would prohibit employers from relying on wage history in considering a job application, seeking an applicant’s wage history before an offer of employment is made, and using wage history to set a new employee’s wages. Violators of those new prohibitions would be subject to civil monetary penalties. Finally, the bill would authorize the appropriation of whatever amounts are necessary for the Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) to enforce the bill’s provisions and to engage in research, outreach, and education.
