Earnings Data for Male and Female Workers

Federal data show that full-time female workers have lower earnings than full-time male workers. Examination of some of the characteristics of female and male workers suggests that at least a portion of the differences in earnings are due to observable (nondiscriminatory) factors. Interpretations of these data vary. Some suggest that these patterns illustrate that the pay gap between male and female workers is negligible and no further policy interventions are necessary. In contrast, proponents of further action note that some of the data that "explain" the pay gap, while not directly discriminatory, may be the result of discrimination. Further, even among rigorous studies, no widely accepted methodology has been able to attribute the entirety of the pay gap to factors other than the sex of the worker, making it difficult to eliminate the possibility of discrimination. Legal and Legislative Background

		Laws That Combat Sex-Based Wage Discrimination

As noted above, there are currently two federal laws that may provide a remedy to employees who believe that unlawful sex-based wage discrimination has occurred: the Equal Pay Act (EPA) and Title VII of the Civil Rights Act of 1964. The EPA is a 1963 amendment to the Fair Labor Standards Act that makes it illegal to pay different wages to employees of the opposite sex for equal work on jobs the performance of which requires "equal skill, effort, and responsibility," and which are "performed under similar working conditions." The Wal-Mart Case

In 2004, a federal district court permitted to proceed a class action on behalf of more than 1.5 million current and former female employees of Wal-Mart retail stores nationwide. A number of measures have been introduced in the 114 th Congress. Other bills in the 114 th Congress include the End Pay Discrimination Through Information Act, the Workplace Advancement Act, and the Gender Advancement in Pay Act, or GAP Act. Paycheck Fairness Act

Introduced in each of the last several congressional sessions, the Paycheck Fairness Act ( H.R. 1619 / S. 862 ) would increase penalties for employers who pay different wages to men and women for "equal work," and would add programs for training, research, technical assistance, and pay equity employer recognition awards. Fair Pay Act

The Fair Pay Act ( H.R. Although they differ slightly, both the End Pay Discrimination Through Information Act ( S. 83 ) and the Workplace Advancement Act ( S. 2200 ) would expand the EPA's antiretaliation provisions to prohibit an employer from retaliating against an employee who has discussed salary information with other employees. Broader in scope, the Gender Advancement in Pay Act (GAP Act; S. 2773 ) would not only adopt similar prohibitions against retaliation based on the sharing of wage information, but also would alter the employer defenses available under the EPA.
According to some federal data, on average, full-time female workers earn approximately 20% less than full-time male workers. At least a portion of this gap is due to observable factors such as hours worked and the concentration of female workers in lower-paid occupations. Some interpret these data as evidence that discrimination, if present at all, is a minor factor in the pay differentials and conclude that no policy changes are necessary. Conversely, advocates for further policy interventions note that some of the explanatory factors of the pay gap (such as occupation and hours worked) could be the result of discrimination and that no broadly accepted methodology is able to attribute the entirety of the pay gap to non-gender factors.
Currently, there are two federal laws that may provide a remedy to employees who believe that unlawful sex-based wage discrimination has occurred: the Equal Pay Act (EPA) and Title VII of the Civil Rights Act of 1964. Under the EPA, employers are prohibited from paying lower wages to female employees than male employees for "equal work" on jobs requiring "equal skill, effort, and responsibility" and performed "under similar working conditions" at the same location. Thus, the EPA is narrowly focused on the factual question of whether an employer has, on the basis of sex, paid unequal wages for equal work. In contrast, Title VII, which prohibits employment discrimination on the basis of race, color, national origin, religion, and sex, is far broader in scope than the EPA and focuses on determining whether an employer had a discriminatory motive for paying workers differently on the basis of sex.
Meanwhile, the issue of pay equity has attracted substantial attention in recent congressional sessions. For example, a number of measures, including bills that would provide additional remedies, mandate "equal pay for equivalent jobs," or require studies on pay inequity, have been introduced in the 114th Congress. These bills include the Paycheck Fairness Act (H.R. 1619/S. 862), the Fair Pay Act (H.R. 1787), the End Pay Discrimination Through Information Act (S. 83), the Workplace Advancement Act (S. 2200), and the Gender Advancement in Pay Act (GAP Act; S. 2773). This report also discusses pay equity litigation, including Wal-Mart Stores v. Dukes, a case in which the Supreme Court rejected class action status for current and former female Wal-Mart employees who allege that the company has engaged in pay discrimination.