2021: Fitzpatrick Voted To Limit An Employer's Legal Defense In Pay
Discrimination Lawsuits, Which Would Require Employers To Justify A Pay
Difference Based On Bona Fide Job-Related Factors Instead Of Just Based
On A Factor Other Than Sex. In April 2021, Fitzpatrick voted for the
Paycheck Fairness Act which would, according to Congressional Quarterly,
"narrow the legal defense an employer may use in a lawsuit alleging pay
discrimination on the basis of sex. Specifically, it would require
employers to demonstrate that a difference in pay between employees is
based on a business-related 'bona fide factor other than sex, such as
education, training, or experience' as opposed to being based on 'any
factor other than sex.'" The vote was on passage. The House passed the
bill by a vote of 217-210. The Senate did not take substantive action on
the bill. [House Vote 108,
4/15/21; Congressional
Quarterly, 4/15/21;
Congressional Actions, H.R.
7]
Employers In Wage Discrimination Lawsuits Would Have To Prove
Their Pay Disparities Were On A "Bona Fide Factor," Not Based On
Gender. According to Congressional Quarterly, "It would require,
in wage discrimination lawsuits, that employers demonstrate that
differences in pay were not based on gender but on 'a bona fide
factor,' such as education, training or experience." [Congressional
Quarterly,
4/13/21]
The Bill Would Close Federal Equal Pay Law Loopholes. According
to Courthouse News Service, "Breathing new life into legislation
that died in the Senate under the Trump administration, Democrats on
Tuesday advanced a bill they say would close lingering loopholes in
federal equal pay laws on the books for nearly 60 years."
[Courthouse News Service,
4/13/21]
According To The National Women's Law Center, White Women Are Paid
An Average Of 82 Cents For Every Dollar Men Are Paid. According to
Courthouse News Service, "According to a 2020 study from the
National Women's Law Center, white women who work full time
year-round are on average paid just 82 cents for every dollar paid
to men." [Courthouse News Service,
4/13/21]
According To The National Women's Law Center, Black Women Are Paid
An Average Of 63 Cents For Every Dollar Men Are Paid. According to
Courthouse News Service, "For Black women, the disparity is
drastically worse at 63 cents." [Courthouse News Service,
4/13/21]
According To The National Women's Law Center, For Every Dollar Men
Are Paid, Native American Women Are Paid An Average Of 60 Cents And
Latinas Are Paid An Average Of 55 Cents. According to Courthouse
News Service, "while Native American women earn just 60 cents and
Latina women earn only 55 cents." [Courthouse News Service,
4/13/21]
According To The U.S. Census Bureau, Asian American Pacific
Islander Women Earned An Average Of 85 Cents For Every Dollar Men
Earned In 2019. According to Courthouse News Service, "Only Asian
American Pacific Islander women came close to earning as much as men
did in 2019, taking home nearly 85 cents to ever dollar, according
to the study based on data from the U.S. Census Bureau."
[Courthouse News Service,
4/13/21]
Republicans Argued The Bill Would Cause A Wave Of New Lawsuits.
According to Courthouse News Service, "Republicans claimed a surge
of new lawsuits would come if the bill were made into law."
[Courthouse News Service,
4/13/21]
The Bill Would Expand The Standards Employers Must Meet In Order
To Justify Pay Gaps Were Not Based On Gender Discrimination.
According to Courthouse News Service, "The legislation raises the
legal standards businesses must meet in order to claim any pay gaps
aren't based on discrimination." [Courthouse News Service,
4/13/21]
National Right To Life Warned That The Paycheck Fairness Act Could
Be Construed To Mandate Employers To Cover Elective Abortions With
Their Health Benefits. According to the Scorecard Letter on H.R. 7
from National Right To Life, "While the legislation is meant to
address potential discrimination regarding the gender pay gap, the
legislation contains language that could be construed to require
employers to cover elective abortion in their healthcare benefits."
[Scorecard Letter On H.R. 7 -- National Right To Life,
6/8/21]
Since H.R. 7 Changed The Definition Of "Sex" To Include
"Pregnancy, Childbirth, Or A Related Medical Condition" Without
Preventing Funding For Abortion, National Right To Life Claimed That
H.R. 7 Could Be Used To Sue Employers That Refuse To Provide
Elective Abortion Coverage. According to the Scorecard Letter on
H.R. 7 from National Right To Life, "H.R. 7 makes definitional
changes to 'sex' to include 'pregnancy, childbirth, or a related
medical condition.' It is well established that abortion will be
regarded as a 'related medical condition.' See 29 C.F.R. pt. 1604
App. (1986) and Doe v. CARS Protection Plus, Inc., 527 F.3d 358 (3d
Cir. 2008). Historically, when Congress has addressed discrimination
based on sex, rules of construction have been added to prevent
requiring funding of abortion. Since there is no rule of
construction that would make this legislation abortion-neutral, it
is likely that H.R. 7 could be used to sue employers for a lack of
elective abortion coverage." [Scorecard Letter On H.R. 7 --
National Right To Life,
6/8/21]
National Right To Life Warned That Under The Paycheck Protection
Act, If An Employer Provides Male-Specific Health Coverage, A Person
Could Claim Discrimination If The Employer Failed To Provide
Abortion Coverage. According to the Scorecard Letter on H.R. 7
from National Right To Life, "Under H.R. 7, if an employer provides
health coverage for male-specific items, a person could make a claim
that an employer's failure to provide health coverage for abortion
is discriminatory." [Scorecard Letter On H.R. 7 -- National Right
To Life,
6/8/21]
2021: Fitzpatrick Effectively Voted Against The Paycheck Fairness
Act. In April 2021, according to Congressional Quarterly, Fitzpatrick
voted against the "adoption of the rule that would provide for House
floor consideration of the Paycheck Fairness Act (HR 7) [...] The rule
would provide for up to one hour of debate on each measure and make in
order consideration of six amendments to HR 7 and six amendments to HR
1195." The vote was on the adoption of the rule. The House adopted the
rule by a vote of 217-207. [House Vote 103,
4/14/21; Congressional
Quarterly, 4/14/21;
Congressional Actions, H.R.
7;
Congressional Actions, H.Res.
303]
2021: Fitzpatrick Effectively Voted Against The Paycheck Fairness
Act. In April 2021, according to Congressional Quarterly, Fitzpatrick
voted against the "motion to order the previous question (thus ending
debate and possibility of amendment) on the rule (H Res 303) that would
provide for House floor consideration of the Paycheck Fairness Act (HR
7) [...] The rule would provide for up to one hour of debate on each
measure and make in order consideration of six amendments to HR 7 and
six amendments to HR 1195." The vote was on a motion to order the
previous question. The House agreed to the motion by a vote of 217-208.
[House Vote 102,
4/14/21; Congressional
Quarterly, 4/14/21;
Congressional Actions, H.R.
7;
Congressional Actions, H.Res.
303]
2021: Fitzpatrick Voted Against An Amendment That Would Add
Protections To Employers That Conduct Self-Audits Over Their Pay
Practices And Corrected Any Unlawful Disparities. In April 2021,
Fitzpatrick voted against an amendment to the Paycheck Fairness Act
which would, according to Congressional Quarterly, "provide a safe
harbor such that employers would not be liable in legal action related
to pay discrimination if the employer conducted a voluntary audit of its
pay practices within the previous three years and took 'reasonable
steps' to correct any compensation disparities found by the audit that
may have violated fair labor law." The vote was on adoption of an
amendment. The House rejected the amendment by a vote of 183-244.
[House Vote 107,
4/15/21; Congressional
Quarterly, 4/15/21;
Congressional Actions, H.Amdt.
38;
Congressional Actions, H.R.
7]
2021: Fitzpatrick Voted Against A Substitute Amendment That Would
Allow Employers To Rely On Someone's Wage History When Considering
Hiring Them Only If Such Information Is Voluntarily Disclosed. In
April 2021, Fitzpatrick voted against an amendment to the Paycheck
Fairness Act which would, according to Congressional Quarterly,
"prohibit employers from requesting or relying on the wage history of a
prospective employee for consideration of employment, unless a
prospective employee voluntarily discloses such information." The vote
was on adoption of an amendment. The House rejected the amendment by a
vote of 183-244. [House Vote 107,
4/15/21; Congressional
Quarterly, 4/15/21;
Congressional Actions, H.Amdt.
38;
Congressional Actions, H.R.
7]
2021: Fitzpatrick Voted To Prohibit Employers From Retaliating Against
Employees For Participating In Fair Labor Standards Law Litigation. In
April 2021, Fitzpatrick voted for the Paycheck Fairness Act which would,
according to Congressional Quarterly, "prohibit employers from
retaliating against employees involved in lawsuits under fair labor
standards law; prohibit employers from relying on a prospective
employee's wage history for hiring or wage determinations." The vote
was on passage. The House passed the bill by a vote of 217-210. The
Senate did not take substantive action on the bill. [House Vote 108,
4/15/21; Congressional
Quarterly, 4/15/21;
Congressional Actions, H.R.
7]
2021: Fitzpatrick Voted To Prohibit Employers From Relying On A New
Hire's Wage History To Consider Their Wage Or Their Hiring Status. In
April 2021, Fitzpatrick voted for the Paycheck Fairness Act which would,
according to Congressional Quarterly, "prohibit employers from
retaliating against employees involved in lawsuits under fair labor
standards law; prohibit employers from relying on a prospective
employee's wage history for hiring or wage determinations." The vote
was on passage. The House passed the bill by a vote of 217-210. The
Senate did not take substantive action on the bill. [House Vote 108,
4/15/21; Congressional
Quarterly, 4/15/21;
Congressional Actions, H.R.
7]
The Bill Would Forbid Employers From Basing A Worker's Salary On
That Person's Previous Salary And Benefit History. According to
Courthouse News Service, "Among its provisions, the bill bans
employers from considering a person's salary and benefit history
when deciding what to pay them." [Courthouse News Service,
4/13/21]
The Bill Would Have Increased Civil Penalties For Any Pay
Discrimination Violation And Automatically Included All Affected
Individuals To Pay Discrimination Class Action Lawsuits. According
to Congressional Quarterly, "increase employers' liability for
compensatory or punitive damages related to pay discrimination
violations; and provide for automatic inclusion of all affected
individuals in class action lawsuits related to pay discrimination."
[Congressional Quarterly,
4/15/21]
The Bill Would Have Directed The Department Of Labor In
Establishing A Grant Program To Provide Training In Negotiation
Skills Regarding Pay Disparities. According to Congressional
Quarterly, "authorize a new Labor Department grant program for
public and private entities to carry out negotiation skills training
programs to address pay disparities." [Congressional Quarterly,
4/15/21]
The Bill Would Have Established The National Award For Pay Equity
In The Workplace To Annually Award An Employer's Efforts To Combat
Gender Pay Disparities. According to Congressional Quarterly,
"establish an annual national award for an employer that made a
'substantial effort to eliminate pay disparities between men and
women.'" [Congressional Quarterly,
4/15/21]
The Bill Would Have Required The Department Of Labor To Conduct
Studies On Gender Pay Disparities. According to Congressional
Quarterly, "require the Labor Department to conduct a number of
studies on sex-based pay." [Congressional Quarterly,
4/15/21]
The Bill Would Have Required The Equal Employment Opportunity
Commission To Gather Employers Compensation Data By Breaking It Up
By Sex, Race, And National Origin Of Employees. According to
Congressional Quarterly, "require the Equal Employment Opportunity
Commission to collect compensation data disaggregated by employees'
sex, race and national origin." [Congressional Quarterly,
4/15/21]
The Bill Would Establish Strict Data Collection Guidelines For
Employers, Including Demographic Segregated Data On Compensation,
Hiring, Termination And Promotion. According to Courthouse News
Service, "The Paycheck Fairness Act also establishes rigorous data
collection standards for employers, including details on
compensation, hiring, termination and promotion broken down by sex,
race and national origin." [Courthouse News Service,
4/13/21]
The Bill Would Have Directing The Department Of Labor And Equal
Employment Opportunity Commission To Provide Aid And Information To
Small Business To Ensure Compliance. According to Congressional
Quarterly, "require the Labor Department and EEOC to provide
technical assistance for small businesses to comply with the bill's
provisions." [Congressional Quarterly,
4/15/21]
2021: Fitzpatrick Was Absent During A Vote On An Amendment That Would
Make Additional Employment Data Collection Optional For The Equal
Employment Opportunity Commission When Providing Their Annual
Compensation Data. In April 2021, Fitzpatrick missed a vote on en bloc
amendments no.1 to the Paycheck Fairness Act which would, according to
Congressional Quarterly, "modify a requirement for the Equal Employment
Opportunity Commission to provide for annual collection of disaggregated
compensation data from employers to make collection of additional
employment data optional." The vote was on adoption of amendments. The
House adopted the amendments by a vote of 216-207. [House Vote 106,
4/15/21; Congressional
Quarterly, 4/15/21;
Congressional Actions, H.Amdt.
37;
Congressional Actions, H.R.
7]
2021: Fitzpatrick Was Absent During A Vote On An Amendment That Would
Require The Labor Department To Conduct Research On The Gender Wage Gap
Of Younger Employees. In April 2021, Fitzpatrick missed a vote on en
bloc amendments no.1 to the Paycheck Fairness Act which would, according
to Congressional Quarterly, "require the Labor secretary to undertake
research and commission additional studies on the gender wage gap among
younger workers." The vote was on adoption of amendments. The House
adopted the amendments by a vote of 216-207. [House Vote 106,
4/15/21; Congressional
Quarterly, 4/15/21;
Congressional Actions, H.Amdt.
37;
Congressional Actions, H.R.
7]
2021: Fitzpatrick Voted Against A Substitute Amendment That Would
Allow Employers To Limit The Time And Place For Workers To Discuss
Wages. In April 2021, Fitzpatrick voted against an amendment to the
Paycheck Fairness Act which would, according to Congressional Quarterly,
"make it unlawful for employers to prohibit employees from inquiring
about, discussing or disclosing wages but allow employers to limit the
time, place and circumstances during which employees may do so." The
vote was on adoption of an amendment. The House rejected the amendment
by a vote of 183-244. [House Vote 107,
4/15/21; Congressional
Quarterly, 4/15/21;
Congressional Actions, H.Amdt.
38;
Congressional Actions, H.R.
7]
2021: Fitzpatrick Effectively Voted Against An Amendment That Would
Limit The Definition Of "Sex" To Not Include "A Sex Stereotype"
Regarding Equal Pay Requirements And Require Enforcement Of The Bill's
Provision From The Equal Employment Opportunity Commission And Labor
Department. In April 2021, Fitzpatrick effectively voted against the
manager's amendment to the Paycheck Fairness Act which would, according
to Congressional Quarterly, "make technical corrections; strike language
that would include 'a sex stereotype' in the definition of 'sex' with
respect to equal pay requirements; and clarify Labor Department and
Equal Employment Opportunity Commission enforcement and implementation
authorities with respect to the bill's provisions, including to require
each to issue relevant regulations." The vote was on the adoption of the
rule. The House adopted the rule by a vote of 217-207, thus
automatically adopting the manager's amendment. [House Vote 103,
4/14/21; Congressional
Quarterly, 4/14/21;
Congressional Actions, H.R.
7;
Congressional Actions, H.Res.
303]
2021: Fitzpatrick Effectively Voted Against An Amendment That Would
Expand The Definition Of "Sex" To Include "A Sex Stereotype" Regarding
Equal Pay Requirements And Require Enforcement Of The Bill's Provision
From The Equal Employment Opportunity Commission And Labor Department.
In April 2021, Fitzpatrick effectively voted against the manager's
amendment to the Paycheck Fairness Act which would, according to
Congressional Quarterly, "make technical corrections; strike language
that would include 'a sex stereotype' in the definition of 'sex' with
respect to equal pay requirements; and clarify Labor Department and
Equal Employment Opportunity Commission enforcement and implementation
authorities with respect to the bill's provisions, including to require
each to issue relevant regulations." The vote was on a motion to order
the previous question. The House agreed to the motion by a vote of
217-208. [House Vote 102,
4/14/21; Congressional
Quarterly, 4/14/21;
Congressional Actions, H.R.
7;
Congressional Actions, H.Res.
303]
2021: Fitzpatrick Was Absent During A Vote On An Amendment That Would
Enforce Interagency Equal Pay Laws Through The Establishment Of The
National Equal Pay Enforcement Task Force. In April 2021, Fitzpatrick
missed a vote on en bloc amendments no.1 to the Paycheck Fairness which
would, according to Congressional Quarterly, "establish the National
Equal Pay Enforcement Task Force to coordinate interagency efforts in
enforcing equal pay laws." The vote was on adoption of amendments. The
House adopted the amendments by a vote of 216-207. [House Vote 106,
4/15/21; Congressional
Quarterly, 4/15/21;
Congressional Actions, H.Amdt.
37;
Congressional Actions, H.R.
7]
2021: Fitzpatrick Was Absent During A Vote On An Amendment That Would
Establish A Grant Program To Train Employers About Salary And
Wage-Setting Negotiations. In April 2021, Fitzpatrick missed a vote on
en bloc amendments no.1 to the Paycheck Fairness Act which would,
according to Congressional Quarterly, "direct the Labor secretary to
establish a program to award contracts and grants for the purpose of
training employers about the role that salary negotiation and other
wage-setting practices can have on bias in compensation." The vote was
on adoption of amendments. The House adopted the amendments by a vote of
216-207. [House Vote 106,
4/15/21; Congressional
Quarterly, 4/15/21;
Congressional Actions, H.Amdt.
37;
Congressional Actions, H.R.
7]
2021: Fitzpatrick Voted To Include Sexual Orientation And Gender
Identity Under The Definition Of "Sex" Regarding Federal Fair Labor
Standards Law. In April 2021, Fitzpatrick voted for the Paycheck
Fairness Act which would, according to Congressional Quarterly, "add a
definition of 'sex' with respect to federal fair labor standards law,
which would include sexual orientation or gender identity." The vote was
on passage. The House passed the bill by a vote of 217-210. The Senate
did not take substantive action on the bill. [House Vote 108,
4/15/21; Congressional
Quarterly, 4/15/21;
Congressional Actions, H.R.
7]
National Right To Life Warned That The Paycheck Fairness Act Could
Be Construed To Mandate Employers To Cover Elective Abortions With
Their Health Benefits. According to the Scorecard Letter on H.R. 7
from National Right To Life, "While the legislation is meant to
address potential discrimination regarding the gender pay gap, the
legislation contains language that could be construed to require
employers to cover elective abortion in their healthcare benefits."
[Scorecard Letter On H.R. 7 -- National Right To Life,
6/8/21]
Since H.R. 7 Changed The Definition Of "Sex" To Include
"Pregnancy, Childbirth, Or A Related Medical Condition" Without
Preventing Funding For Abortion, National Right To Life Claimed That
H.R. 7 Could Be Used To Sue Employers That Refuse To Provide
Elective Abortion Coverage. According to the Scorecard Letter on
H.R. 7 from National Right To Life, "H.R. 7 makes definitional
changes to 'sex' to include 'pregnancy, childbirth, or a related
medical condition.' It is well established that abortion will be
regarded as a 'related medical condition.' See 29 C.F.R. pt. 1604
App. (1986) and Doe v. CARS Protection Plus, Inc., 527 F.3d 358 (3d
Cir. 2008). Historically, when Congress has addressed discrimination
based on sex, rules of construction have been added to prevent
requiring funding of abortion. Since there is no rule of
construction that would make this legislation abortion-neutral, it
is likely that H.R. 7 could be used to sue employers for a lack of
elective abortion coverage." [Scorecard Letter On H.R. 7 --
National Right To Life,
6/8/21]
National Right To Life Warned That Under The Paycheck Protection
Act, If An Employer Provides Male-Specific Health Coverage, A Person
Could Claim Discrimination If The Employer Failed To Provide
Abortion Coverage. According to the Scorecard Letter on H.R. 7
from National Right To Life, "Under H.R. 7, if an employer provides
health coverage for male-specific items, a person could make a claim
that an employer's failure to provide health coverage for abortion
is discriminatory." [Scorecard Letter On H.R. 7 -- National Right
To Life,
6/8/21]
2022: Fitzpatrick Voted To Require Equal And Non-Discriminatory Pay
For Male And Female Athletes That Represent The U.S. In International
Athletic Competitions. In December 2022, according to Congressional
Quarterly, Fitzpatrick voted for the Equal Pay for Team USA Act of 2022,
which would "require the U.S. Olympic and Paralympic Committee to ensure
that female and male athletes who represent the United States in
international amateur athletic events receive, from funds directly
provided by the committee to the athlete, equivalent and
nondiscriminatory compensation, wages, benefits, medical care, travel
arrangements and expense payments. It would specify that the committee
may consider merit, performance, seniority or quantity of play in
determining contracts or other terms of participation, and may provide
more beneficial terms to athletes to address disparities in outside
income. It would require the committee to take 'all reasonable steps' to
advocate to international sports federations to equalize athlete
compensation and regularly report to Congress on the equal treatment of
athletes, including information on the stipends and bonuses provided to
athletes disaggregated by gender, race and status of participation on a
professional sports team." The vote was on passage. The House passed the
bill by a vote of 350 -- 59, thus the bill was sent to President Biden
and it ultimately became law. [House Vote 532,
12/21/22; Congressional
Quarterly, 12/21/22;
Congressional Actions, S.
2333]
The Bill Ensured Equal Compensation For U.S. Women's International
Sports, Which Was A Long-Time Battle For The U.S. Women's Soccer
Team. According to the Associated Press, "The House has passed a
bill that ensures equal compensation for U.S. women competing in
international events, a piece of legislation that came out of the
U.S. women's soccer team's long battle to be paid as much as the
men." [Associated Press,
12/22/22]
The Bill Required All Athletes Representing The U.S. In
International Competitions To Receive Equal Compensation And
Benefits, Regardless Of Gender, And Instructed The U.S. Olympic And
Paralympic Committee To Oversee Fair Pay. According to the
Associated Press, "The Equal Pay for Team USA Act, passed late
Wednesday, will require all athletes representing the United States
in global competition to receive equal pay and benefits in their
sport, regardless of gender. It covers America's 50-plus national
sports and requires the U.S. Olympic and Paralympic Committee to
handle oversight." [Associated Press,
12/22/22]
2021: Fitzpatrick Was Absent During A Vote On An Amendment That Would
Mandate Employers To Disclose Workers' Rights Through Both Physical And
Online Publications. In April 2021, Fitzpatrick missed a vote on en
bloc amendments no.1 to the Paycheck Fairness Act which would, according
to Congressional Quarterly, "require employers to inform employees of
their rights under the bill's provisions through physical and
electronic postings." The vote was on adoption of amendments. The House
adopted the amendments by a vote of 216-207. [House Vote 106,
4/15/21; Congressional
Quarterly, 4/15/21;
Congressional Actions, H.Amdt.
37;
Congressional Actions, H.R.
7]