Paycheck Fairness Act Could Be Up For Vote

Before the Senate adjourned, Senate Majority Leader Harry Reid set up a scenario for considering the legislation during the first week that the Senate comes back after the mid-term elections. Included in this package is the Paycheck Fairness Act. This means that it’s likely the Senate will vote on the measure in the week of November 15th.

What Is the Paycheck Fairness Act (PFA)?

• Under the current Equal Pay Act, once employees have provided prima facie evidence of sex discrimination, the burden of proof shifts to the employer to show that the difference in wages results from “any factor other than sex.”
• The PFA eliminates the “any factor other than sex” defense and replaces it with a “bona fide factor other than sex” defense. Employers can only use this “bona fide factor” defense if they demonstrate that business necessity demands it.
• Makes employers liable for unlimited punitive damages in addition to compensatory damages in cases of sex discrimination.
• Removes the Equal Pay Act’s limits on punitive and compensatory damages.
• Specifies that workers are automatically members of a class action suit unless they opt out. ◆