1. Short title This Act may be cited as the Paycheck Fairness Act . 2. Enhanced enforcement of equal pay requirements (a) Definitions Section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ) is amended by adding at the end the following: (z) Sex includes— (1) pregnancy, childbirth, or a related medical condition; (2) sexual orientation or gender identity; and (3) sex characteristics, including intersex traits. (aa) Sexual orientation includes homosexuality, heterosexuality, and bisexuality. (bb) Gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth. . (b) Bona fide factor defense and modification of same establishment requirement Section 6(d)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(d)(1) ) is amended— (1) by striking No employer having and inserting (A) No employer having ; (2) by striking the opposite and inserting another ; (3) by striking any other factor other than sex and inserting a bona fide factor other than sex, such as education, training, or experience ; and (4) by inserting at the end the following: (B) The bona fide factor defense described in subparagraph (A)(iv) shall apply only if the employer demonstrates that such factor (i) is not based upon or derived from a sex-based differential in compensation; (ii) is job-related with respect to the position in question; (iii) is consistent with business necessity