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Equal pay for men and women9/10/2023 The time limit for filing an EPA case in court is two years from the day the last discriminatory paycheck was received or, in the case of a willful violation, within three years. Under the Lilly Ledbetter Fair Pay Act of 2009, however, the 45-day requirement to contact an EEO counselor is renewed each time an individual is allegedly paid wages, benefits, or other compensation less than someone from another protected class performing substantially similar duties.Ī federal employee also has the right to file an EPA suit in federal district court without exhausting internal administrative remedies. Reporting ViolationsĪ DOL employee who believes that they have an equal pay claim should contact an Equal Employment Opportunity (EEO) counselor at the Civil Rights Center (CRC) within 45 days of the event or action they believe is discriminatory. An agency may have a defense if compensation is based on a seniority system, merit system, systems which measure earnings by quantity or quality of production, or any factor other than sex. In order to be considered substantially equal, the job duties must be "closely related" or "very much alike." Thus, minor differences in the job duties, or the skill, effort, or responsibility required for the jobs will not render the work unequal. "Equal" work does not mean identical jobs rather, they must be "substantially equal" in overall job content, even if the position titles are different. For example, if a central administrative unit hires employees, sets their compensation, and assigns them to separate work locations, the separate work sites can be considered part of one establishment. In some circumstances, physically separate places of business may be treated as one establishment. An establishment is a distinct physical place of business rather than an entire business or enterprise consisting of several places of business. Working Conditions: This encompasses two factors: (1) physical surroundings like temperature, fumes, and ventilation and (2) hazards.Įstablishment: The prohibition against compensation discrimination under the EPA applies only to jobs within an establishment. Responsibility: The degree of accountability required to perform the job. The issue is what skills are required for the job, not what skills the individual employees may have.Įffort: The amount of physical or mental exertion needed to perform a job. Skill: Measured by factors such as the experience, ability, education, and training required to perform the job. The jobs being compared must require substantially equal skill, effort, and responsibility and be performed under similar working conditions within the same establishment. There are several elements that must be met in compensation discrimination complaints under the Equal Pay Act. What is Required to Substantiate an Equal Pay Act Claim? If there is an inequality in wages between people of different sexes who perform substantially equal jobs, employers must raise wages to equalize pay but may not reduce the wages of other individuals. 1 The Equal Pay Act (EPA) protects individuals of all sexes.Īll forms of compensation are covered, including salary, overtime pay, bonuses, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits. The Equal Pay Act of 1963, amending the Fair Labor Standards Act, protects against wage discrimination based on sex.
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