Employment Law · Haute Lawyer Network
What Is the Equal Pay Act?
Last reviewed: June 2026
The Equal Pay Act of 1963 (EPA) requires employers to pay male and female employees equal wages for equal work performed under similar working conditions. Equal work means substantially similar skill, effort, and responsibility — not identical. The EPA prohibits wage disparities based on sex when employees perform substantially equal work in the same establishment.
Unlike Title VII discrimination claims, the EPA does not require proof of discriminatory intent — it is a strict liability statute. The employer can defend by showing the pay differential is based on: a seniority system, a merit system, a system measuring earnings by production quantity or quality, or any factor other than sex.
In recent years, many states have expanded equal pay protections through state equal pay acts with broader coverage — covering comparable work, not just equal work, and covering more protected characteristics.
Frequently Asked Questions
What is the difference between an EPA claim and a Title VII pay discrimination claim?
The EPA is a strict liability statute — no proof of discriminatory intent required. Title VII pay discrimination claims require proof of discriminatory motive but cover a broader range of protected characteristics. Employees often bring both claims simultaneously.
Can I discuss my salary with coworkers?
Yes. The National Labor Relations Act protects employees' rights to discuss wages and working conditions with coworkers. Employer policies prohibiting wage discussions are generally illegal.
What is a comparable worth theory?
The argument that jobs traditionally performed by women should be paid the same as comparable jobs traditionally performed by men, even if the jobs are different. Comparable worth goes beyond the EPA's equal work requirement and is the basis for broader state pay equity laws.
What damages are available for an EPA violation?
Back pay equal to the wage differential, liquidated damages (equal to back pay, effectively doubling it) unless the employer shows the violation was in good faith, and attorney fees.
What is the statute of limitations for an EPA claim?
Two years for non-willful violations and three years for willful violations. The EPA does not require EEOC filing before bringing suit — claims can be filed directly in court.
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