The Equal Pay Act protects employees by requiring that men and women receive equal pay for performing substantially equal work in the same workplace, regardless of job title. Salary inequality accounts for a large amount of sex discrimination complaints.  Employees' rights are protected against sexual discrimination in compensation under two laws: the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964.

Under the Equal Pay Act (EPA), employers are required to give men and women in the same workplace equal pay for equal work.  Equal pay refers to an employee's salary, bonus, overtime pay, vacation/holiday pay, stock options, life insurance, gasoline or travel allowances, reimbursed expenses, and other benefits.  The individual's jobs do not have to be identical, but they must be substantially equal. Job titles are irrelevant; it is the duties of the job that substantiates the equality.

The EPA determines whether two jobs are substantially equal by looking at the skill, effort, and responsibility needed and if they are being completed in similar working conditions in the same establishment.

What Is Needed To File a Claim Under The Equal Pay Act?

For claims of wage discrimination to proceed under the Equal Pay Act, specific criteria must be satisfied. Compared positions need to demand essentially equivalent abilities, exertion, and accountability, while being conducted in comparable workplace environments within the same facility or business location.

Here's a little more detail about each factor:

• Skill: the experience, ability, education and training required to perform a job. Skills that are not required are irrelevant, for example having an advanced degree in an unrelated field.
• Effort: the physical and mental abilities needed to do the job.
• Responsibility: the amount of accountability an individual is held to in their position.
• Working Conditions: the physical surroundings and potential hazards that exist.
• Establishment: the specific place of business where work is performed.

You are not required to file a charge with the EEOC before going to court, however if you do decide to file a claim or go directly to court it must be done within two-years of the alleged violation.

Reporting a Violation

If you are a federal employee who believes you've experienced wage discrimination, you should reach out to an Equal Employment Opportunity (EEO) counselor at the Civil Rights Center (CRC) within 45 days of the discriminatory pay decision or action. Thanks to the Lilly Ledbetter Fair Pay Act of 2009, this 45-day deadline resets each time you receive a paycheck, bonus, or other compensation affected by the discrimination. Federal employees also have the right to file a lawsuit under the Equal Pay Act (EPA) directly in federal district court - without needing to go through internal administrative complaint processes first. However, the EPA has strict time limits: you must file your claim within two years of the last unequal paycheck, or within three years if the violation was willful.

Additional Legal Protections For Victims of Wage Discrimination

Following the EPA's enactment, federal protections have been established such as 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.  It's important to note that each of these legal frameworks operates with distinct submission timelines and evidentiary requirements that may differ from those established in the EPA.

• Title VII (Civil Rights Act of 1964): Prohibits wage discrimination based on race, color, religion, sex, and national origin across all employment practices.
• Age Discrimination in Employment Act (ADEA) of 1967: Prohibits pay discrimination against employees aged 40 and older.
• Rehabilitation Act of 1973, Section 501: Requires equal pay and reasonable accommodations for federal employees with disabilities.
• Filing Differences: Each law maintains unique deadlines, procedural requirements, and remedies available to claimants.

Getting Legal Assistance

Consulting with a Los Angeles employment attorney specializing in wage discrimination can significantly strengthen your case. Legal counsel can evaluate your situation, help gather crucial evidence, and determine optimal filing strategies under federal or state protections. Our employment law firm offers free initial consultations and works on contingency fee, meaning we only collect payment if you win.  

If you have questions about the Equal Pay Act or would like to discuss a situation you are experiencing at work, please call us toll-free at (818) 990-8300. Our attorneys are here to help you understand your rights.

Frequently Asked Questions

When did the California Equal Pay Act undergo its most recent modifications?

The legislation has seen progressive updates, with initial significant revisions taking effect January 1, 2016, followed by yearly amendments: race and ethnicity protections (2017), public employer inclusion (2018), and salary history inquiry restrictions (2018-2019).

What defines "substantially similar work" under the current regulations?

Substantially similar work refers to roles requiring similar skill, effort, and responsibility, performed under similar working conditions, regardless of job title or department.

Which demographic factors are now safeguarded under the revised legislation?

The enhanced regulations protect against wage disparities based on gender, racial background, and ethnic identity for employees performing comparable functions, with protections and procedures applying across all protected characteristics.

Are government agencies subject to these wage equality requirements?

Beginning January 1, 2018, all governmental bodies - including state institutions, county organizations, and municipal entities - must comply with these wage equality mandates.

What limitations exist regarding employment history inquiries?

Employers are prohibited from requesting candidates' previous compensation information during hiring processes, and cannot use prior earnings to justify pay differences among protected groups (California Labor Code Section 432.3).

What workplace communication rights do employees have regarding compensation?

Employees maintain legal protection to freely discuss, share, and inquire about wage information without fear of organizational reprisal or disciplinary action. The protection is covered under both the California Labor Code Section 232, and the Equal Pay Act.

What compensation might I receive if my wage discrimination claim succeeds?

If your claim prevails, you could receive the full wage difference owed, interest on unpaid earnings, and an equivalent amount in liquidated damages. If you take legal action, you may also recover attorney's fees and related costs.

Will I be shielded from workplace retaliation if I raise concerns about wage discrimination?

Yes, the updated legislation expressly forbids employers from taking adverse actions against workers who initiate or support in any capacity the implementation of pay equity protections. This comprehensive safeguard ensures you can advocate for fair compensation without fear of your employer retaliating against you.