Explanation of the Paycheck Fairness Act

The Paycheck Fairness Act, also known as H.R. 1869, is a bill introduced in the United States House of Representatives to amend the Fair Labor Standards Act of 1938. The main purpose of this bill is to provide more effective remedies to victims of discrimination in the payment of wages based on sex. The bill aims to address the ongoing issue of pay disparities between men and women in the workforce.

The bill highlights the following findings:

1. Women continue to earn significantly lower pay than men for equal work despite laws like the Equal Pay Act of 1963.
2. These pay disparities negatively impact working families, women's retirement security, labor resources utilization, and commerce.
3. Artificial barriers to eliminating wage discrimination based on sex still exist.

The bill proposes several provisions, including:

• Enhanced enforcement of equal pay requirements, including modifications to the bona fide factor defense.
• A prohibition on inquiring about or using a prospective employee's wage history in determining future wages.
• Establishment of the National Award for Pay Equity in the Workplace to recognize employers making efforts to eliminate pay disparities.
• Collection of compensation data by the Equal Employment Opportunity Commission to better enforce equal pay laws.

Additionally, the bill includes sections for training programs on negotiation skills for girls and women, research on pay disparities, and technical assistance for small businesses to comply with the new requirements.

It's important to note that the bill does not affect compliance with immigration laws and emphasizes the need to address wage discrimination based on sex.

The Safe Schools Improvement Act of 2017

This bill aims to amend the Elementary and Secondary Education Act of 1965 in order to address and prevent bullying and harassment of students in schools. The bill was introduced in the House of Representatives on April 5, 2017.

Findings

The bill outlines the following key findings:

1. Bullying and harassment create a climate of fear and disrespect that negatively affect the physical and psychological health of students, as well as their ability to learn and reach their full potential.
2. Bullying and harassment contribute to high dropout rates, increased absenteeism, and academic underachievement among students.
3. Bullying and harassment can take various forms, including physical aggression, name-calling, social exclusion, and offensive messages through electronic communication.
4. Schools that have anti-bullying policies in place tend to have higher levels of reporting and teacher intervention, resulting in a reduction in the number of bullying incidents.
5. Students are often targeted for bullying and harassment based on their race, color, national origin, sex, disability status, sexual orientation, gender identity, or religion.
6. Relational aggression or psychological bullying, which involves damaging or manipulating relationships with peers, is another form of bullying that harms social acceptance.
7. Interventions to address bullying and harassment should aim to create a positive and safe school climate, using evidence-based discipline policies and practices that minimize harsh punishments and the involvement of the juvenile justice system.
8. A large majority of Americans support the enactment of a federal law to enforce specific rules to prevent bullying in schools.
9. Students, parents, educators, and policymakers have joined forces to demand leadership and action to address the national issue of bullying and harassment.

Safe Schools Improvement

The bill introduces a new part, called "Safe Schools Improvement," to the Elementary and Secondary Education Act of 1965. This part includes the following provisions:

Purpose (Sec. 4701)

The purpose of this part is to address the issue of bullying and harassment in public elementary and secondary schools.

Anti-bullying Policies (Sec. 4702)

This provision requires states that receive a grant under this title to implement policies that prevent and prohibit bullying and harassment conduct that is severe, persistent, or pervasive. These policies should not only limit a student's ability to participate in programs and activities, but also create a hostile or abusive educational environment, adversely affecting their education. The policies must also address bullying or harassment conduct based on a student's race, color, national origin, sex, disability, sexual orientation, gender identity, religion, or any other distinguishing characteristic defined by the state or local educational agency.

In addition, the policies should provide annual notice to students, parents, and educational professionals about the prohibited conduct and establish grievance procedures for registering complaints. The local educational agency must also collect accurate and complete data about incidents of bullying and harassment and publicly report the data at the school and local educational agency level while ensuring the confidentiality of victims and perpetrators. Furthermore, positive and preventative approaches to school discipline should be encouraged to minimize the removal of students from instruction and avoid disproportionate punishment.

State Reports (Sec. 4703)

Under this provision, the chief executive officer of a state that receives a grant must submit a biennial report to the Secretary of Education. The report should contain information reported by local educational agencies regarding incidents of bullying and harassment, as well as the state's plans for supporting the efforts of local educational agencies in addressing the prohibited conduct.

Evaluation (Sec. 4704)

This section requires the Secretary of Education to conduct an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary and secondary schools. The evaluation should assess the implementation of the requirements outlined in the bill and determine their effectiveness in reducing the level of bullying incidents. The Secretary must also collect data from states to determine the incidence and frequency of bullying and harassment conduct and submit a report to the President and Congress every 2 years.

Effect on Other Laws (Sec. 4705)

This provision clarifies that the bill does not invalidate or limit any rights, remedies, procedures, or legal standards available to victims of discrimination under other federal or state nondiscrimination laws. It specifically mentions laws such as the Civil Rights Act of 1964, Education Amendments of 1972, Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990. The obligations imposed by this bill are in addition to those imposed by these other laws.

Rule of Construction (Sec. 4706)

This section states that nothing in this bill should be construed to prohibit states or local entities from enacting laws related to the prevention of bullying or harassment that are consistent with the provisions of this bill.

This bill aims to combat bullying and harassment in schools by implementing comprehensive policies and provisions that address and prevent such conduct. By doing so, it seeks to create a safer and healthier learning environment for all students.