Equal Pay for Equal Work: Letting Employees Freely Discuss Wages and Benefits (S. 2200)

What is S. 2200?

(Updated June 17, 2021)

This bill would make it illegal for employers to retaliate against an employee for discussing compensation information (i.e. how much they make). Retaliation could come in the form of firing or other forms of punishment.

By bolstering the enforcement of requirements in the Equal Pay Act and protecting open discussion, this bill hopes to help employees find out if their colleagues are getting equal pay for equal work.

All the same, this provision doesn't protect employees who have access to the compensation details of other employees as part of their job, and who then disclose that information to other employees who wouldn’t otherwise have access to that information. The only time such a disclosure would be permitted is in response a complaint or during the course of an investigation.

Argument in favor

Employees should be able to discuss details of their compensation to figure out if they’re getting equal pay for equal work — and not fear retaliation. This bill protects that First Amendment right.

Argument opposed

Businesses should be allowed to take punitive actions against employees that discuss details about their compensation — especially if that information is used against the business by its competitors.

Impact

Employees who wish to discuss compensation information with their counterparts to determine if they are receiving equal pay for equal work. employees that have access to other workers compensation information, and employers.

Cost of S. 2200

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sen. Deb Fischer (R-NE) — the lead sponsor of this legislation — said in an introductory press release that her bill represents “an important step forward” in promoting equal pay for equal work. Sen. Fischer added that:

“Any legislator — Republican or Democrat — who is seriously interested in making progress on this issue for women and moving past electioneering and scoring political points should step up and support the proposal. For the first time in over half a century, we have the opportunity to update the Equal Pay Act with a bill that actually provides needed changes and can realistically pass.”

Democrats have been reluctant to embrace this bill despite the fact that it is part of their own more robust Paycheck Fairness Act. Sen. Patty Murray (D-WA) believes that Republicans need to “put real solutions on the table” to address pay discrepancies between men and women, and that Sen. Fischer’s bill falls short of that.

Previously, this legislation had been tacked on to the initial budget resolution for fiscal year 2016 as an amendment, passing with the bipartisan support of 53 Republicans, two Independents and one Democrat in the Senate.

President Obama issued an executive order in April 2014 that also banned businesses from retaliating against employees who disclose their compensation information.

Media:

• Sponsoring Sen. Deb Fischer (R-NE) Press Release
• Huffington Post
• Salon (Opposed)
• Washington Examiner (Op-Ed In Favor)

Summary by Eric Revell
(Photo Credit: pexels.com)