The Equal Pay Act – signed into law in 1963 as an amendment to the Fair Labor Standards Act (FLSA) of 1938 – is a Federal law that prohibits sex-based wage discrimination in the U.S. The law mandates equal pay for equal work by forbidding employers from paying men and women different wages or benefits for doing jobs that require the same skills and responsibilities. The Act requires employers to pay equal wages to employees that are performing “substantially equal jobs,” regardless of the sex of those employees. “Substantially equal” is defined as jobs that require equal skill, effort and responsibility performed under similar working conditions. Differences in pay may be based on merit, seniority or any lawful element other than sex or gender.
The Equal Pay Act provides for recovery of differences in compensation, back pay, attorneys’ fees, and court costs. If it is determined that the employer’s actions were willful, damages can be doubled unless the employer can show that they acted in a sincere and reasonable belief that their actions were lawful.
Additionally, awards are generally limited to two years unless the employer’s actions are determined to have been willful. If so,
awards can be extended to three years.
