The Equal Pay Act is one of several federal anti-discrimination laws that protect workers in New York and across the country. As its name suggests, the Equal Pay Act applies specifically to pay discrimination, and, generally speaking, it requires equal pay for equal work. However, there are some important limitations of which employees need to be aware, and there are some additional anti-discrimination statutes of which employees need to be aware as well. Learn more from the New York employment discrimination lawyers at Bell Law Group:
The Equal Pay Act: What It Covers (and What It Doesn’t)
The Equal Pay Act prohibits covered employers from engaging in pay discrimination. While it overlaps with Title VII of the Civil Rights Act of 1964 in certain respects (as the EEOC notes, “someone who has an Equal Pay Act claim may also have a claim under Title VII”), the Equal Pay Act has some unique aspects as well. These include:
- Covered Employers – While Title VII only applies to employers with 15 or more employees, the Equal Pay Act applies to “virtually all” employers in the United States.
- Covered Employees – The Equal Pay Act specifically prohibits sex-based pay discrimination. Employees who have pay discrimination claims based on other protected characteristics will need to file under Title VII or another federal or state anti-discrimination law.
- Filing a Claim – While employees who have claims under Title VII must begin by filing a charge with the EEOC, those who have Equal Pay Act claims can proceed directly with holding their employers accountable in court.
As the EEOC explains, the Equal Pay Act covers discrimination in all forms of employment-related compensation, including “salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits.” As the EEOC also explains, while the Equal Pay Act generally requires equal pay for equal work, an employee only needs to prove that the positions in question are “substantially equal” in order to file a successful claim. There are five main factors for assessing whether positions are “substantially equal” (and therefore mandate equal pay for men and women) under the Equal Pay Act:
- Skill – The skill required to do the jobs in question, “[m]easured by factors such as… experience, ability, education, and training,” is a key consideration for determining whether equal pay is required.
- Effort – The level of effort required to perform the jobs in question—whether physical or mental—is a key consideration as well.
- Responsibility – Responsibility and accountability are also relevant factors for determining whether two positions are “substantially equal” under the Equal Pay Act.
- Working Conditions – Working conditions, including specifically, “(1) physical surroundings like temperature, fumes, and ventilation; and (2) hazards,” are also pertinent factors. Here, too, substantial similarity is all that is required.
- Work Location – The Equal Pay Act generally only applies to jobs “within an establishment,” with an “establishment” being defined as “a distinct physical place.” However, as the EEOC notes, “workers at different worksites sometimes may be compared if the same managers oversee the operations of both locations and workers frequently transfer between the two locations.”
Importantly, even if employees’ jobs qualify as “substantially equal” based on these factors, this does not necessarily mean that equal pay is required. The Equal Pay Act allows employers to offer disparate compensation to employees in substantially similar jobs based on:
- Seniority systems
- Merit and incentive systems
- Other factors related to job performance or operations
With that said, employers can (and often do) apply these systems and factors inappropriately, and, in many cases, employers simply violate the law by paying unequal compensation to similarly qualified employees with similar experience and performance. As a result, if you believe that you may be a victim of an Equal Pay Act violation, it will be worth speaking with a New York employment discrimination lawyer about your legal rights.
Filing a Claim Under the Equal Pay Act
Employees who have Equal Pay Act claims have two options for asserting their legal rights: They can file a charge with the EEOC, or they can sue their employers in court. Both options have benefits and limitations, and when you hire a New York employment discrimination lawyer to represent you, your lawyer can help you make an informed decision about how to proceed.
If your Equal Pay Act claim is successful, you should be able to recover back pay (for the difference between your actual compensation and the compensation you should have received) plus interest. You are also entitled to equal pay going forward. The Equal Pay Act allows employees who file successful claims to recover their legal fees and costs as well.
What if the Equal Pay Act Doesn’t Protect You?
As we discussed above, the Equal Pay Act only prohibits sex-based pay discrimination. So, what if you are a victim of pay discrimination, but the Equal Pay Act doesn’t protect you?
In this situation, you may have a claim under Title VII or another anti-discrimination statute, such as the Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), or the New York Equal Pay Law. These laws collectively prohibit pay discrimination based on multiple protected characteristics—including age, color, disability, gender identity or expression, genetic information, marital status, national origin, race, and sexual orientation, among others. Here, too, an experienced New York employment discrimination lawyer can help you make informed decisions, and then your lawyer can take all necessary and appropriate legal action on your behalf.
Request a Free Consultation with a New York Employment Discrimination Lawyer Today
Do you have reason to believe that you are a victim of pay discrimination at work? If so, we invite you to contact us for a free consultation about your legal rights. To speak with an experienced New York employment discrimination lawyer at Bell Law Group in confidence, please call 516-280-3008 or request an appointment online today.
