Equal Pay and Sex Discrimination
The Equal Pay Act requires that women receive equal pay as men for identical or similar duties in the workplace. The EPA does not require similar or identical job titles, as long as the duties are substantially similar. Job duties, not the job title, is what determines whether two jobs are equal.
This law is far-reaching and covers all forms of pay, including:
- Overtime pay
- Stock options
- Life insurance
- Vacation and holiday pay
- Gasoline allowances
- Hotel accommodations
- Travel reimbursement
- Other benefits
If it is found that there is a disparity in the wages for men vs. women, the employer may not reduce the wages of either sex in an effort to equalize the employees’ pay.
Going to Court for an EPA Violation
If you believe that you are being discriminated against because you are a woman and the possible EPA violation is unfairly reducing your pay or compensation, you may take your case to court and you are not required to file an EEOC (U.S. Equal Employment Opportunity Commission) charge ahead of time.
Under the law, the time limit for filing EPA charges with the EEOC and the court are the same: within two years of the alleged EPA violation, or if it was a willful violation, within three years.
If you file an EEOC charge under the EPA, it shall not extend the time frame allowed to take a case to court.
You May Have a Claim Under Title VII
In addition to the EPA, Title VII outlaws pay and benefit discrimination based on sex. Thus, if you have an EPA claim, you may also have a claim under Title VII.
If you are interested in filing an EPA claim, you should be aware that Title VII, the ADA, and the ADEA prohibit pay discrimination based on race, age, disability, religion, and national origin.
While the EPA requires that men’s and women’s jobs be substantially equal for the law to apply, the ADEA, ADA, and Title VII don’t impose that requirement.
Do you have a case? Contact Harvard graduate, Attorney Alan Burton Newman for insightful advice and experienced representation. With over 3 decades of experience fighting discrimination cases, no case is too big or too small for his Los Angeles employment law firm!