Lame Duck vote on Paycheck Fairness Act

A cloture vote on the Paycheck Fairness Act, S. 3772 is scheduled for tomorrow. The Paycheck Fairness Act would amend the Equal Pay Act. The EPA was designed to require equal pay for equal work, but has been judicially interpreted to permit employers to defend pay disparities provided the differential in pay is based on a factor other than sex. The PFA requires any differential to be based on “bona fide factors” such as education, training or experience. Such bona fide factors must also be consistent with “business necessity.” SInce the bill has already passed the house, Senate passage would send the bill to President Obama who favors the legislation and is expected to sign it.