How to File a Claim Under the Equal Pay Act
The Equal Pay Act (EPA), passed in 1963, mandates that employers pay men and women equal pay for equal jobs. Although the law was passed to discredit the idea that a man should be paid more than a women, the law protects both men and women from wage discrimination.
Other People Are Reading
Instructions
-
-
1
Determine whether your employer is regulated. All employers who have an annual gross sales of more than $500,000 are regulated. In addition, any company that engages in interstate commerce is regulated. Government employers and unions also are subject to the EPA.
-
2
Find out if you are a covered worker. The EPA covers everyone who works for a regulated employer except uniformed service members and federal employees in the judicial or legislative branch.
-
-
3
Determine whether the jobs are equal. The work done does not have to be identical for the law to apply. The EPA requires that jobs that require equal skill, effort and responsibility and are performed under similar working conditions within the same workplace be paid the same rate. Keep in mind that job titles do not determine whether jobs are equal. Courts will look at the nature of the job rather than the title.
-
4
Look into whether your complaint falls under an exception. Seniority, quality and quantity of work, any any factor other than gender are all acceptable reasons to pay one employee more than another.
-
5
File a complaint with the Equal Employment Opportunity Commission if you believe you have a legitimate claim. An employee also can file a lawsuit. Any lawsuit must be filed within two years of the employer violating the EPA.
-
1
Tips & Warnings
Employers are only required to pay employees working similar positions the same rate. They do not have to pay the same total amount. This would apply to employees working on commission, for example.
