The much-hyped Paycheck Fairness Act has been shut down and is unlikely to be revived any time soon.
The PFA (S. 182; H.R. 11) was initially introduced in 2008 as a companion to the Lilly Ledbetter Fair Pay Act. The bill, which passed in the U.S. House of Representatives in January 2009, needed 60 votes to move forward in the Senate. Yet in today’s “lame duck” congressional meeting, the bill snagged only 58 of the necessary votes.
The bill would have amended the Equal Pay Act of 1963 (EPA) in numerous ways, including providing for compensatory and punitive damages for violations of the EPA and prohibiting retaliation against employees who inquire about, discuss, or disclose wage information. The bill received hefty support from the Obama administration and the U.S. Department of Labor (DOL), but employers and business groups were highly concerned about the bill’s punitive impact, particularly on small businesses, in the stagnant economy.