Jonah Patel
The Equal Pay Act of 1963 (EPA) is part of the Fair Labor Standards Act of 1938. The EPA prohibits wage discrimination based on sex, protecting employees from unequal pay for equal work. The act covers all forms of compensation, including salary, overtime pay, bonuses, stock options, and benefits. It is enforced by the Equal Employment Opportunity Commission (EEOC), which investigates claims and offers mediation services. The EPA has been amended over the years, with the Lilly Ledbetter Fair Pay Act of 2009 renewing the time limit for filing claims. While the EPA specifically addresses sex-based wage discrimination, other laws, such as Title VII of the Civil Rights Act of 1964, prohibit compensation discrimination based on race, color, national origin, religion, age, and disability.
| Characteristics | Values |
|---|---|
| Year | 1963 |
| Full Form | EPA |
| Type | Part of the Fair Labor Standards Act of 1938 |
| Purpose | Prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort, and responsibility under similar working conditions |
| Protection | Protects against unlawful retaliation by their employer |
| Applicable To | Applicable to all employees, regardless of the number of employees in the company |
| Complaint | A complaint can be filed with the Equal Employment Opportunity (EEO) counsellor at the Civil Rights Center (CRC) within 45 days of the event |
| Time Limit | Two years from the day the last discriminatory paycheck was received or, in the case of a willful violation, within three years |
| Affirmative Defenses | Allows unequal pay for equal work when the wages are set "pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) any other factor other than sex" |
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What You'll Learn
The Equal Pay Act of 1963
The EPA prohibits sex-based wage discrimination between men and women who perform jobs requiring equal skill, effort, and responsibility under similar working conditions. All forms of compensation are covered, including salary, overtime pay, bonuses, life insurance, vacation and holiday pay, allowances, accommodations, reimbursement for travel expenses, and benefits. If there is an inequality in wages between people of different sexes doing substantially equal jobs, employers must raise wages to equalize pay but cannot reduce the wages of other individuals.
Since the passing of the EPA, Congress has expanded federal protection against compensation discrimination through additional laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA) of 1967, and Section 501 of the Rehabilitation Act of 1973. These laws also prohibit compensation discrimination based on race, colour, national origin, religion, sex, age, marital status, political affiliation, and disability.
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Part of the Fair Labor Standards Act of 1938
The Equal Pay Act of 1963 (EPA) is a United States labor law that amends the Fair Labor Standards Act of 1938. The EPA was enacted to prohibit sex-based wage discrimination, aiming to abolish wage disparity based on gender. It applies to all employees, covering all forms of compensation, including salary, overtime pay, bonuses, life insurance, vacation and holiday pay, allowances, reimbursements, and benefits. The EPA states that employees performing jobs requiring substantially equal skill, effort, and responsibility under similar working conditions should receive equal pay. This extends beyond just salary to encompass a range of compensation types.
The EPA, as part of the Fair Labor Standards Act, is enforced by the Equal Employment Opportunity Commission (EEOC). This commission handles complaints regarding equal pay and protects individuals who file such claims from unlawful retaliation by their employers. The EEOC's authority is derived from the Secretary of Labor's power, as outlined in the Fair Labor Standards Act.
The EPA's enactment was a response to concerns about wage differentials based on sex, which depressed wages and living standards for employees, impacting their health and efficiency. It also aimed to address the underutilization of available labor resources and the potential for labor disputes caused by wage inequality.
Since the EPA's passage, Congress has expanded federal protection against compensation discrimination through additional laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA) of 1967, and Section 501 of the Rehabilitation Act of 1973. These laws prohibit discrimination based on various factors, including race, color, national origin, religion, sex, age, and disability.
The EPA has faced some criticism, with economists arguing that it may cause unemployment and additional discrimination against women by excluding them from certain labor markets. However, average American women's salaries have risen relative to men's since the EPA's enactment.
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Prohibits wage discrimination based on sex
The Equal Pay Act of 1963 (EPA) is part of the Fair Labor Standards Act of 1938, as amended. The EPA prohibits sex-based wage discrimination between men and women who perform substantially equal work in the same establishment. This includes jobs that require similar skills, effort, and responsibility and are performed under similar working conditions.
The EPA imposes strict liability on employers, meaning that the employer's intention to discriminate based on gender is not considered. To avoid liability, employers must prove that wages are set according to one of the four statutory defenses allowed under the EPA: a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a factor other than sex.
The EPA protects against all forms of compensation discrimination, including salary, overtime pay, bonuses, life insurance, vacation and holiday pay, allowances, accommodations, reimbursement for travel expenses, and benefits. If wage inequality based on sex is identified, employers must raise wages to equalize pay but cannot reduce the wages of other employees.
Since the passing of the EPA, Congress has expanded federal protection against compensation discrimination through additional laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA) of 1967, and Section 501 of the Rehabilitation Act of 1973. These laws prohibit compensation discrimination based on race, color, national origin, religion, sex, age, marital status, political affiliation, and disability.
Despite the existence of these laws, women still do not receive equal pay to their male peers. It is important for employees to know their rights and take action if they believe they are facing wage discrimination. Employees who file equal pay claims are protected against unlawful retaliation by their employers.
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Provides protection against unlawful retaliation
The Equal Pay Act of 1963, amending the Fair Labor Standards Act, protects against wage discrimination based on sex. All forms of compensation are covered, including salary, overtime pay, bonuses, life insurance, vacation and holiday pay, allowances, accommodations, reimbursement for travel expenses, and benefits.
The Act prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort, and responsibility under similar working conditions. 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.
The Equal Pay Act also provides protection against unlawful retaliation. Any individual who files an equal pay claim or assists another individual in filing a claim is protected against unlawful retaliation by their employer. This protection extends to unlawful retaliation by an employer against an individual for opposing employment practices that allegedly discriminate based on compensation or for filing a discrimination complaint, testifying, or participating in any way in an investigation, proceeding, or litigation under the Equal Pay Act. Unlawful retaliation is defined as an adverse employment action by the employer, such as demotion or termination, which is harmful to the point that it could discourage or dissuade a reasonable worker from making or supporting a complaint of discrimination.
Additionally, the Equal Pay Act allows employees to discuss their wages and inquire about their co-workers' wages without fear of retaliation. It is not required for an employer to disclose information about other employees' wages, but they cannot prohibit employees from discussing or inquiring about this information.
It is important to note that the Equal Pay Act has been further strengthened by subsequent laws, such as the Lilly Ledbetter Fair Pay Act of 2009, which renewed the time requirement for filing equal pay claims, and Title VII of the Civil Rights Act of 1964, which expanded federal protection against compensation discrimination based on race, color, national origin, religion, sex, age, marital status, political affiliation, and disability.
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Expanded federal protection through additional laws
The Equal Pay Act of 1963 (EPA) is part of the Fair Labor Standards Act of 1938, prohibiting sex-based wage discrimination between men and women who perform substantially equal work. Since the passing of the EPA, Congress has expanded federal protection against compensation discrimination through additional laws. These include:
The Age Discrimination in Employment Act (ADEA) of 1967
The ADEA prohibits compensation discrimination based on age (over 40).
Section 501 of the Rehabilitation Act of 1973
Section 501 of the Rehabilitation Act prohibits compensation discrimination based on disability.
Lilly Ledbetter Fair Pay Act of 2009
The Lilly Ledbetter Fair Pay Act renews the 45-day requirement to contact an Equal Employment Opportunity (EEO) counsellor each time an individual is allegedly paid discriminatory wages, benefits, or other compensation. It also allows federal employees to file an EPA suit in federal district court without exhausting internal administrative remedies.
In addition to these federal laws, many states have enacted their own laws on pay equity, and most state and local governments have a human rights or civil rights office that can provide assistance and information on equal pay laws.
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Frequently asked questions
The Equal Pay Act of 1963 (EPA) is an amendment to the Fair Labor Standards Act of 1938. The EPA prohibits wage discrimination based on sex.
The EPA requires that men and women performing substantially equal work be given equal pay. All forms of compensation are covered, including salary, overtime pay, bonuses, stock options, and benefits. Employers found violating the EPA must raise wages to equalize pay but may not reduce the wages of other individuals.
If you believe you have an equal-pay claim, you can contact an Equal Employment Opportunity (EEO) counselor at the Civil Rights Center (CRC) within 45 days of the alleged discriminatory action. You can also file a claim under Title VII of the Civil Rights Act of 1964, which prohibits compensation discrimination based on race, color, religion, sex, national origin, age, or disability.
