This week, the U.S. Senate failed to advance the Paycheck Fairness Act by a vote of 49 – 50. The legislation, which required 60 votes to clear the upper chamber, did not come close to reaching that threshold, without any Senate Republicans voting in favor. A declared priority of Senate Majority Leader Chuck Shumer (D-NY), the legislation would have limited the ability for employers to justify pay differentials to “bona fide” factors such as education, training or experience. Further, the bill would have prohibited employers from inquiring about a prospective employees salary history during the interview/hiring process. The legislation, which has passed the U.S. House of Representatives 4 times (2007, 2009, 2019 and 2021) also would have mandated additional payroll reporting requirements for employers and had the Department of Labor create a grant program to train and assist women negotiate better compensation. Opponents pointed to increased litigation that would result and called it a boon for plaintiff lawyers.