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Code · BILL · 116th Congress · H.R. 7 (Placed on Calendar Senate) — To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the... · Sec. 9

Sec. 9. Reinstatement of pay equity programs and pay equity data collection

299 words·~1 min read·/bill/116/hr/7/pcs/section-9

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The Commissioner of Labor Statistics shall continue to collect data on women workers in the Current Employment Statistics survey. The Director of the Office of Federal Contract Compliance Programs shall ensure that employees of the Office— shall use the full range of investigatory tools at the Office's disposal, including pay grade methodology; in considering evidence of possible compensation discrimination— shall not limit its consideration to a small number of types of evidence; and shall not limit its evaluation of the evidence to a small number of methods of evaluating the evidence; and shall not require a multiple regression analysis or anecdotal evidence for a compensation discrimination case; for purposes of its investigative, compliance, and enforcement activities, shall define similarly situated employees in a way that is consistent with and not more stringent than the definition provided in item 1 of subsection A of section 10–III of the Equal Employment Opportunity Commission Compliance Manual (2000), and shall consider only factors that the Office's investigation reveals were used in making compensation decisions; and shall implement a survey to collect compensation data and other employment-related data (including hiring, termination, and promotion data) and designate not less than half of all nonconstruction contractor establishments each year to prepare and file such survey, and shall review and utilize the responses to such survey to identify contractor establishments for further evaluation and for other enforcement purposes as appropriate.
The Secretary of Labor shall make readily available (in print, on the Department of Labor website, and through any other forum that the Department may use to distribute compensation discrimination information), accurate information on compensation discrimination, including statistics, explanations of employee rights, historical analyses of such discrimination, instructions for employers on compliance, and any other information that will assist the public in understanding and addressing such discrimination.
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