Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 7 requires that the employer defense must be consistent with ``business necessity,'' a broad and ill-defined term. We don't know how the courts will interpret this sweeping requirement, but we do know the dictionary says it means ``absolutely essential'' or ``indispensable.'' How can an employer prove that any one factor determining employee pay could rise to the level to be necessary for the survival of the business? Proponents of H.R. 7 will argue this phrase has been adopted from title VII, as amended by the 1991 Civil Rights Act, but the phrase has spawned endless litigation because of its lack of clarity. Anyone who thinks this concept is simple and can just be carried over from title VII is either naive or has been misled. Further, the dubious concept of business necessity was developed under controversial so-called disparate impact analysis and cannot simply be slapped onto the Equal Pay Act, especially where, as mandated by H.R. 7, damages are unlimited. In contrast, under title VII, in disparate impact cases, damages are limited to backpay and benefits. Mr. Speaker, I reserve the balance of my time.
Share & report
More from Virginia Foxx
Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, being lectured to about how we feel about anti-Semitism on our side of the aisle is not something that I am used to hearing. It is the Republicans who have led the fight…
Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of S. 3448, the Never Again Education Reauthorization Act of 2023. October 7 was the worst day in Jewish history since the Holocaust. S. 3448 will…
Mr. Speaker, by the direction of the Committee on Rules, I call up House Resolution 242 and ask for its immediate consideration. The Clerk read the resolution, as follows: H. Res. 242 Resolved, That upon adoption of this resolution it…
Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, TCUs provide an important doorway to postsecondary education for many American students. TCUs know best what their students and communities need. S. 5355, the National…





