Equal Pay Act

In 1963, Congress prohibited discrimination in pay based solely on sex by enacting the Equal Pay Act (EPA). The EPA was aimed at narrowing the wage gap women suffered, as compared to men, for performing the same work. However, pay can permissibly differ based on other factors, such as:

• seniority
• experience
• education
• technical skills
• training

How do I prove an EPA violation?

You must show that you were paid a different salary or rate for the same work performed by another sex. It is crucial that you are able to prove that your job and the other job or jobs were substantially equal in function and expectations.

TIP: Your employer will attempt to prove that the pay difference is because of factors other than gender, such as experience and education. If such factors exist, you will likely fail on your claim of EPA violations.

My female counterpart brings in more revenue for our employer. Does her higher salary violate the EPA?

Although your positions may be equal, and even identical, a person bringing in more business or money may be paid more. An individual's revenues are a permissible factor in salary decisions.