by Art Gutman Ph.D., Professor, Florida Institute of Technology
As reported by several sources on 9/14/10, including BNA, Senate Majority Harry Reid, along with 13 co-sponsors, reintroduced the Paycheck Fairness Act (PFA) (S. 3772), meaning the Senate could consider the bill at any point. The House had approved identical legislation Jan. 9, 2009 in a 256-163 vote (6 DLR AA-1, 1/12/09), and President Obama would undoubtedly sign this legislation into law. As reported in prior alerts, the PFA would amend the Equal Pay Act of 1963 by including new remedies for compensatory and punitive damages (as in Title VII). The PFA will also mandate training and outreach efforts through the EEOC and OFCCP. It will also contain language prohibiting retaliation, and it will place a burden of proving job-relatedness in cases in which a plaintiff proves unequal pay for equal work based on sex.
September 16, 2010