Rights and Protections Under the Equal Pay Act

The Equal Pay Act (EPA) is a federal law enacted to eliminate gender discrimination in the workplace and guarantee women the same pay as men. This article answers some frequently asked questions about the Equal Pay Act, the rights it gives to people in the workforce who do equal work as others but for lower pay, and the responsibilities the law imposes on employers. 

If you have ever wondered if you are being paid the same amount as someone with the same job responsibilities as you, you must understand the Equal Pay Act. If your questions about your particular situation linger, contact a local and experienced employment law attorney.

What Is the Equal Pay Act? 

The Equal Pay Act (EPA) is a federal law passed by Congress and signed by President John F. Kennedy in 1963. The Equal Pay Act of 1963 remains relevant today. The purpose of the law is to eliminate workplace gender discrimination, eliminate compensation discrimination, and offer protections that guarantee that men and women who perform the same duties receive the same pay. 

What Does the Equal Pay Act Prohibit? 

The EPA prohibits employers from wage discrimination. Wage discrimination is giving unequal pay to men and women who perform the same or very similar job functions with the same or similar job titles. The similarity in job functions is measured by whether they require equal skill, effort, and responsibility under similar working conditions. If you are doing the same job and have the same responsibility as someone of the opposite sex, then you should make the same amount as that person. 

The EPA demands pay equity in all forms of compensation. For example, if two people of the opposite sex have the same salary but one gender repeatedly gets a larger bonus for the same or similar work performed, that bonus differential would be prohibited by the EPA.

Who Is Protected by the Equal Pay Act? 

The EPA protects all workers who do jobs that require skill, effort, and responsibility under similar working conditions. Therefore, this law includes most employees who work for most employers. Whether you are a factory worker, a retail employee, an office worker, or a manager, the EPA guarantees that you receive the same compensation as someone of the opposite sex who does the same job. 

What Are the Exceptions to the Equal Pay Act? 

There are some exceptions to the EPA that permit some pay differences. The EPA permits compensation or reimbursement differences that are based on a seniority system, education level, experience, specialized training, commission, quotas, quantity of production quantity, quality of production, or some merit system or factor other than sex.  

How Do I Enforce My Rights Under the Equal Pay Act? 

If you believe that your employer is violating your rights by not paying you the same compensation as someone of the opposite gender who does the same job as you, you should contact an experienced employment law attorney. They will assess your case and provide advice on what the next steps should be.

They will likely ask you to gather evidence like job descriptions, pay stubs, resumes, timecards, and anything else that might support your case. They could then take legal action against your employer. You could also file a complaint with your state’s attorney general’s office and the Equal Employment Opportunity Commission. 

Can I Get Compensation for an Equal Pay Act Violation? 

If your employer violates the EPA, they will likely need to pay back pay. This back pay could extend up to three years depending on the sort of violation. The employer may also have to pay you damages that could equal the amount of back pay, along with interest and attorney’s fees.

To make a lasting impact on other workers, your employer may also have to implement new employment practices and workplace practices to make sure that future violations of the EPA do not happen. 

How Can I Prevent Pay Discrimination?

Employers have a responsibility to regularly review their job descriptions, payroll, and pay practices to make sure they comply with the EPA. Employers should also periodically consult with an experienced employment law attorney to see if there are any changes to labor laws and employment laws that warrant a change in how they pay their employees. 

Similarly, employees should understand their rights and the relevant laws like the EPA that give them those rights. You should remain alert when it comes to your workplace and speak up if you notice anything amiss when it comes to people of different genders being paid different amounts for the same job. 

How Can I Get Help?

Resources available for victims of pay discrimination include the EEOC. There are also several legal aid organizations and advocacy groups whose mission is to provide support to victims of workplace discrimination and advocate for equal pay.

But you do not have to go through it alone. The best resource is likely a local experienced employment law attorney. Contact an experienced employment attorney who can offer legal advice, support, and if necessary, advocacy through any legal fight that might result from your unfair treatment.