The U.S. Equal Pay Act of 1963, enforced by the Equal Employment Opportunity Commission (EEOC), prohibits wage discrimination based on sex for jobs requiring substantially equal skill, effort, and responsibility under similar working conditions within the same establishment.
Underscoring ongoing challenges in achieving pay equity in America’s corporations, as recently as 2023, a judge certified a Disney class action lawsuit under California’s Equal Pay Act alleging the company paid 9,000 women less than their male counterparts for substantially similar work. Violations of federal and state laws involving wage discrimination are unfortunately all too common.
Key EPA Facts
- The Equal Pay Act applies to most employers with one or more employees under the Fair Labor Standards Act. It covers wages, bonuses, benefits, and other compensation.
- Exemptions follow that say pay disparities are allowed if based on seniority, merit, quantity/quality of production, or factors other than sex (e.g., experience or education).
- The Equal Pay Act is complemented by Title VII of the Civil Rights Act of 1964, which broader protections against workplace discrimination on the basis of race, color, national origin, religion, sex, age, and disability.
- The Lilly Ledbetter Fair Pay Act of 2009 extended the statute of limitations, allowing claims to be filed within 180 days of the last discriminatory paycheck.
Despite the Equal Pay Act, the gender pay gap persists. A 2024 Pew Research Center analysis found women earned 85% of men’s median hourly earnings, with a narrower gap for ages 25–34. Case filings have increased, with 2022 marking a new high after years of decline, reflecting growing awareness of discrepancies in pay.
Factors like occupational segregation, negotiation differences, and systemic bias contribute to the phenomena whereas employees bringing discrimination claims lend themselves to the solution.
If you have been discriminated against in your workplace, receiving lower pay for substantially equal work, it is worthwhile to discuss your situation with an experienced employment law attorney. Contact the Wisconsin employment law attorneys of Alan C. Olson & Associates for assistance today.
