How Does the Equal Pay Act Work?

There are multiple laws in place, both on a federal and state basis, that protect job applicants and employees from discrimination on the basis of sex or gender. The two commonly discussed laws in Florida are Title VII of the federal Civil Rights Act of 1964, and the Florida Civil Rights Act (FCRA). However, it is critical for female employees who are paid unfairly on the basis of sex or gender to know that they may also have a claim under the federal Equal Pay Act. When male and female employees in a workplace perform substantial equal work, they must also be given equal pay under the federal Equal Pay Act of 1963. This is a specific federal law that is designed to ensure that “men and women in the same workplace be given equal pay for equal work.”

How does the Equal Pay Act work? An experienced Palm Beach Gardens employment discrimination attorney at our firm can provide you with more details and can answer any questions you have today.

Forms of Discrimination Prohibited by the Equal Pay Act 

According to the Equal Employment Opportunity Commission (EEOC), the Equal Pay Act covers “all forms of pay,” 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.” When a female employee is not paid equally to a male employee in the same workplace for substantially equal work, the female employee may be able to file a claim under the Equal Pay Act.

It is also important to be clear that the Equal Pay Act is not based on the employees’ job titles, but instead the content of the jobs. Accordingly, an employer cannot remain in compliance with the Equal Pay Act by paying male employees more than female employees for similar work completed simply by giving those employees different job titles.

Equal Pay Act and Other Laws Prohibiting Sex Discrimination 

In addition to claims under the Equal Pay Act, both Title VII and the FCRA prohibit discrimination on the basis of sex in employment. As such, an employee may have claims under the Equal Pay Act and under Title VII and the FCRA.

All Employers Are Covered by the Equal Pay Act 

What makes the Equal Pay Act notable? While Title VII and the FCRA apply to employers with 15 or more employees, employers with just one employee — i.e., all employers — are covered by the Equal Pay Act. This means that all employees in Florida are entitled to equal pay for equal work.

Filing an Equal Pay Act Claim 

Unlike other federal employment discrimination laws, an employee with an Equal Pay Act claim does not have to file an EEOC charge before filing a lawsuit, according to the EEOC.

Contact a Palm Beach Gardens Employment Discrimination Lawyers 

If you believe you are being paid an unfair wage on the basis of sex or gender, it is important to find out about your options for filing a claim. Depending on the specific facts of your case, you could be eligible to file a claim under the federal Equal Pay Act or under Title VII of the Civil Rights Act of 1964, or you could be eligible to file a sex discrimination claim under the FCRA. One of the experienced Palm Beach Gardens employment discrimination attorneys at Sconzo Law Office can speak with you today to learn more about your case and to advise you on the next steps you will need to take in order to move forward with a claim. Contact us today for more information.

Sources:

eeoc.gov/statutes/equal-pay-act-1963

eeoc.gov/employers/small-business/small-business-requirements#:~:text=If%20you%20have%20at%20least,to%20male%20and%20female%20employees