The House also recently passed the Paycheck Fairness Act which would amend the Equal Pay Act and expand an employee’s opportunities to bring claims for alleged pay discrimination.

According to some observers the bill would:

(1) promote class action lawsuits by repealing the requirement that employees  give written consent to become  parties in class actions;

(2) remove the caps on compensatory or punitive damages even if pay disparities were unintentional;

(3) prevent employers from retaliating against employees who discuss wages; and

(4) prohibit certain employer defenses for pay disparities.

For example, the bill would eliminate the justification of paying different salaries based on geographical differences.

The measure moves to the Senate for consideration.  President Bush has threatened to veto it if it passes Congress. Those in favor of the legislation believe it is necessary in addressing gender based pay inequities that continue to persist.