Define: Equal Pay Act

The Equal Pay Act is a federal law that prohibits employers from paying employees of different genders different wages for performing substantially equal work.

The Equal Pay Act applies to all employers covered by the Fair Labor Standards Act (FLSA), which includes most private employers, as well as federal, state, and local government employers.

“Substantially equal work” refers to jobs that require equal skill, effort, and responsibility, and are performed under similar working conditions. It does not require the jobs to be identical, but rather comparable in terms of the skills and responsibilities required.

Yes, an employer can pay different wages if the difference is based on factors such as seniority, merit, quantity or quality of production, or any other factor unrelated to gender.

No, an employer cannot reduce the wages of one gender to achieve pay equality. The Equal Pay Act requires employers to provide equal pay for equal work, but it does not allow for wage reductions.

If you believe you are being paid less than a coworker of the opposite gender for substantially equal work, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or with your state’s fair employment practices agency.

If a violation of the Equal Pay Act is found, remedies may include back pay, liquidated damages (an additional amount equal to the back pay), and injunctive relief to prevent further violations.

No, it is illegal for an employer to retaliate against an employee for asserting their rights under the Equal Pay Act. Retaliation can include actions such as termination, demotion, or harassment.

Yes, there are a few exceptions to the Equal Pay Act. For example, pay differences based on a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a differential based on any other factor other than gender are permissible.

The statute of limitations for filing a claim under the Equal Pay Act is generally two years from the date of the alleged violation. However, if the violation is willful, the statute of limitations is extended to three years.