The Paycheck Fairness Act (pending federal bill H.R. 7) was reintroduced on January 28, 2021 and as currently proposed, would drastically alter the federal law effectively eliminating a defense of the Equal Pay Act of 1963, the landmark legislation designed to reduce gender discrimination in the workplace. Specifically, under current law, an employer can provide a defense for a wage differential to exist, due to any factor other than sex. The pending bill would require employers to demonstrate that the wage differential is a matter of business necessity.
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