text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Gender Advancement in Pay Act'' or 
  the ``GAP Act''.
  
  SEC. 2. ENHANCED PROHIBITION ON WAGE DISCRIMINATION.
  
      Section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
  206(d)) is amended--
              (1) in paragraph (1)--
                      (A) in clause (iii), by striking ``or'' at the end;
                      (B) by redesignating clause (iv) as clause (vi);
                      (C) by inserting before clause (vi), as 
                  redesignated by subparagraph (B) of this paragraph, the 
                  following: ``(iv) a differential based on expertise; 
                  (v) a shift differential; or''; and
                      (D) in clause (vi), as redesignated by subparagraph 
                  (B) of this paragraph, by striking ``any other factor 
                  other than sex'' and inserting ``a business-related 
                  factor other than sex, including but not limited to 
                  education, training, or experience'';
              (2) by redesignating paragraph (4) as paragraph (5); and
              (3) by inserting after paragraph (3) the following:
      ``(4) If a charge is filed by or on behalf of an employee for a 
  violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e 
  et seq.), and an action is brought by or on behalf of the employee for 
  a violation of this subsection, with respect to the same practice, or 
  if an action is brought before the Equal Employment Opportunity 
  Commission by or on behalf of the employee for a violation of this 
  subsection, the statute of limitations for the action involved under 
  section 6 of the Portal-to-Portal Act of 1947 (29 U.S.C. 255) shall be 
  tolled until the earlier of--
              ``(A) the date on which the Equal Employment Opportunity 
          Commission or the Attorney General brings an action or provides 
          notification to the employee with respect to the charge under 
          section 706(f)(1) of the Civil Rights Act of 1964 (42 U.S.C. 
          2000e-5(f)(1)); or
              ``(B) the date that is 270 days after the date on which 
          such charge is filed.''.
  
  SEC. 3. NONRETALIATION PROVISION.
  
      Section 15 of the Fair Labor Standards Act of 1938 (29 U.S.C. 215) 
  is amended--
              (1) in subsection (a)(3), by striking ``employee has 
          filed'' and all that follows and inserting ``employee--
                      ``(A) has made a charge or filed any complaint or 
                  instituted or caused to be instituted any 
                  investigation, proceeding, hearing, or action under or 
                  related to this Act, including an investigation 
                  conducted by the employer, or has testified or is 
                  planning to testify or has assisted or participated in 
                  any manner in any such investigation, proceeding, 
                  hearing, or action, or has served or is planning to 
                  serve on an industry committee; or
                      ``(B) has inquired about, discussed, or disclosed 
                  the wages of the employee or another employee, or has 
                  declined to discuss or disclose the wages of the 
                  employee;''; and
              (2) by adding at the end the following:
      ``(c)(1) Subsection (a)(3)(B) shall not apply to an instance in 
  which an employee who has access to the wage information of other 
  employees as a part of such employee's essential job functions 
  discloses the wages of any of such other employees to an individual who 
  does not otherwise have access to such information, unless such 
  disclosure is in response to a charge or complaint or in furtherance of 
  an investigation, proceeding, hearing, or action under or related to 
  section 6(d), including an investigation conducted by the employer.
      ``(2) Any employer who requires an employee to sign a contract or 
  waiver that would prohibit the employee from disclosing information 
  about the employee's wages shall be considered to have committed an 
  unlawful act under subsection (a)(3)(B).
      ``(3) Nothing in this subsection shall be construed to limit the 
  rights of an employee provided under any other provision of law.''.
  
  SEC. 4. CIVIL PENALTY.
  
      Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
  216(e)) is amended--
              (1) in paragraph (2)--
                      (A) by striking ``(2)'' and inserting ``(2)(A)''; 
                  and
                      (B) by adding at the end the following:
      ``(B)(i) Any person who willfully violates section 6(d) shall be 
  subject to--
              ``(I) a civil penalty in an amount described in clause (ii) 
          for each employee affected (less the amount of any penalty the 
          person has paid under State law for the wage differential 
          involved); and
              ``(II) any penalty that may apply under subparagraph (A).
      ``(ii) The amount referred to in clause (i)(I) shall be--
              ``(I) for an employer with not more than 100 employees, the 
          lesser of the amount of the liquidated damages available under 
          subsection (b) or (c), or $2,500;
              ``(II) for an employer with not less than 101 and not more 
          than 200 employees, the lesser of the amount of the liquidated 
          damages available under subsection (b) or (c), or $5,000;
              ``(III) for an employer with not less than 201 and not more 
          than 500 employees, the lesser of the amount of the liquidated 
          damages available under subsection (b) or (c), or $10,000; and
              ``(IV) for an employer with not less than 501 employees, 
          the lesser of the amount of the liquidated damages available 
          under subsection (b) or (c), or $15,000.'';
              (2) in paragraph (3), in the first sentence, by striking 
          ``this subsection'' and inserting ``this subsection (other than 
          paragraph (2)(B)); and
              (3) in paragraph (5)--
                      (A) in the first sentence, by striking ``violations 
                  of section 12'' and inserting ``violations of section 
                  6(d) or section 12''; and
                      (B) by inserting after the first sentence the 
                  following: ``Civil penalties collected for violations 
                  of section 6(d) shall be deposited in the account 
                  created under section 5(d) of the GAP Act.''.
  
  SEC. 5. STUDY ON HIGH-WAGE, HIGH-DEMAND OCCUPATIONS AND EQUIVALENT PAY.
  
      (a) Joint Study.--Using funds from the account created under 
  subsection (d), the Secretary of Labor, together with the Secretary of 
  Education, shall conduct a multistate study, through a grant to a 
  nonprofit research institution, that includes strategies to increase 
  the participation of women in--
              (1) high-wage, high-demand occupations; and
              (2) industries in which women are underrepresented.
      (b) Comptroller General Study.--Using funds from the account 
  created under subsection (d), the Comptroller General of the United 
  States shall conduct a multistate study to develop strategies described 
  in subsection (a).
      (c) Reports.--Not later than 2 years after the date of enactment of 
  this Act--
              (1) the Secretary of Labor and the Secretary of Education 
          shall submit to Congress a report containing--
                      (A) a statement of the findings and conclusions of 
                  the study under subsection (a); and
                      (B) any recommendations the Secretary of Labor and 
                  the Secretary of Education consider appropriate based 
                  on their conclusions;
              (2) the Comptroller General shall submit to Congress a 
          report containing--
                      (A) a statement of the findings and conclusions of 
                  the study under subsection (b); and
                      (B) any recommendations the Comptroller General 
                  considers appropriate based on its conclusions; and
              (3) the Secretary of Labor, the Secretary of Education, and 
          the Comptroller General shall make available to the public the 
          reports described in this subsection.
      (d) Accounts.--
              (1) In general.--The Secretary of Labor shall create an 
          account to manage the funds required to conduct the studies 
          under subsections (a) and (b) and to complete the reports under 
          subsection (c). The account shall contain the civil penalties 
          collected under section 16(e)(2) of the Fair Labor Standards 
          Act of 1938 (29 U.S.C. 216(e)(2)).
              (2) Withdrawal of funds.--The Secretary of Labor is 
          authorized to withdraw funds from the account created under 
          subsection (d) to carry out the joint study under subsection 
          (a).
              (3) Transfer of funds.--At the request of the Comptroller 
          General, the Secretary of Labor shall transfer to the 
          Comptroller General the funds required to carry out the study 
          under subsection (b).
  
  SEC. 6. SMALL BUSINESS ASSISTANCE.
  
      (a) Effective Date.--This Act and the amendments made by this Act 
  shall take effect on the date that is 6 months after the date of 
  enactment of this Act.
      (b) Technical Assistance Materials.--The Secretary of Labor and the 
  Equal Employment Opportunity Commission shall jointly develop technical 
  assistance materials to assist small businesses in complying with the 
  requirements of this Act and the amendments made by this Act.
      (c) Small Businesses.--A small business shall be exempt from the 
  provisions of this Act, and the amendments made by this Act, to the 
  same extent that such business is exempt from the requirements of the 
  Fair Labor Standards Act of 1938 pursuant to clauses (i) and (ii) of 
  section 3(s)(1)(A) of such Act (29 U.S.C. 203(s)(1)(A)).
  
  SEC. 7. RULE OF CONSTRUCTION.
  
      Nothing in this Act, or in any amendment made by this Act, shall 
  affect the obligation of employers and employees to fully comply with 
  all applicable immigration laws, including any penalties, fines, or 
  other sanctions.
target: Gender Advancement in Pay Act or the GAP Act This bill amends the Fair Labor Standards Act of 1938 to expand exceptions to the prohibition against sex discrimination to include payments pursuant to a differential based on expertise, shift, or a business-related factor other than sex, including but not limited to education, training, or experience. The statute of limitations under the Portal-to-Portal Act of 1947 for a charge of prohibited sex discrimination, or an action by or on behalf of an employee for such discrimination, shall be tolled until the earlier of: (1) the date on which the Equal Employment Commission or the Department of Justice brings an action or notifies the employee concerned with respect to the charge under the Civil Rights Act of 1964, or (2) 270 days after the charge is filed. Nonretaliation prohibitions are extended to cover inquiring about, discussing, or disclosing the wages of an employee or of another employee, or declining to discuss or disclose the employee's wages, with specified exceptions. An employer shall be considered to have committed an unlawful act if the employer requires an employee to sign a contract or waiver that would prohibit the employee from disclosing information about the employee's wages. Civil penalties are established for violation of prohibitions against sex discrimination. The Department of Labor, together with the Department of Education, shall conduct a multistate study, through a grant to a nonprofit research institution, that includes strategies to increase the participation of women in high-wage, high-demand occupations and industries in which women are underrepresented. The Government Accountability Office shall also conduct a multistate study to develop such strategies.
feat_title: GAP Act