Rep. Rosa DeLauro (D-CT) said “the bill simply makes clear that when an employer states that its pay scale is informed by a factor other than sex, that must actually be true and not just an excuse to continue discriminatory practices.” She went on to say that the bill “merely restores Congress’ intent, which has been undermined by court interpretations over the years allowing employers to escape liability in cases in which their decisions were, in fact, based on sex.”
Rep. Bradley Byrne (R-AL) said the legislation “imposes a one-size-fits-all mandate to one of the most varied and complex workplaces in the world,” and while "women deserve equal pay for equal work," the bill “strictly limits communication between employers and employees in the hiring decisions.”
The burden of proof on employers would be so high under the bill that any employee could prevail in court "by simply showing a wage differential for employees doing the same work … by pointing to an alternative practice that the employer did not adopt" according to Camille Olson, an attorney with Seyfarth Shaw.
Outlook: The House hearing is anticipated to be followed by a full committee markup before the end of March and a House vote shortly thereafter. However, the measure is likely to stall in the GOP-controlled Senate.
