Employment Discrimination-Equal Pay Act

The Equal Pay Act (EPA) prohibits sex discrimination in the payment of wages to men and women performing jobs that require substantially equal skill, effort and responsibility, under similar working conditions within the same establishment. The EPA also prohibits retaliation against applicants or employees who oppose compensation practices that discriminate based on sex or who file a discrimination charge, testify, or participate in any way in an investigation, proceeding, or litigation under the EPA.

Last Known Status
Active
Program Number
30.010
Federal Agency
Agency: Equal Employment Opportunity Commission
Types of Assistance
ADVISORY SERVICES AND COUNSELING; Federal Employment; INVESTIGATION OF COMPLAINTS
Uses and Use Restrictions
Employers engaged in commerce or in the production of goods for commerce (i.e. subject to The Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 201, et seq.), including the federal government, and state and local governments, are prohibited from paying unequal wages to men and women performing jobs that require substantially equal skill, effort and responsibility under similar working conditions within the same establishment. Labor organizations representing employees of a covered employer are prohibited from causing or attempting to cause employers to violate the Act. Exceptions are permitted only where payment is made pursuant to a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a differential based on any other factor other than sex. The EEOC Assessment System, available at https://egov.eeoc.gov/eas/, enables individuals to determine whether EEOC is the appropriate agency to contact regarding their specific claim of wage discrimination or retaliation. The Commission may investigate allegations of violations of the Act and may initiate and conduct litigation. A federal government applicant or employee who believes that his or her employment rights have been violated under this statute and wants to make a claim against a federal agency must file a complaint with that agency and follow the procedures set forth at 29 C.F.R. part 1614.
Authorization
Equal Pay Act of 1963, (P.L. 88-38), as amended, 29 U.S.C. section 206(d).
Eligibility Requirements
Applicant Eligibility
Any aggrieved individual, or any individual, organization, or agency filing on behalf of an aggrieved individual, who has reason to believe that a covered employer has committed an unlawful employment practice within the meaning of the EPA. An employee who believes he or she has been retaliated against for opposing compensation practices that discriminate based on sex or who files a discrimination charge, testifies, or participates in any way in an investigation, proceeding, or litigation under the EPA.
Beneficiary Eligibility
Applicants, current employees, or former employees of the named respondent (s) who have been subjected to unlawful compensation practices based on gender by the named respondent (s), and/or who have been subjected to retaliation for opposing gender-based compensation discrimination or participating in an EPA investigation, proceeding, or litigation.
Credentials/Documentation
The EPA does not require aggrieved parties to file a charge of discrimination with EEOC before filing a private lawsuit. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file a charge of discrimination under both laws within the appropriate time limit (see Deadlines 095). An allegation of unlawful employment practice(s) may be made in person, by mail or by fax. An allegation must be in writing, signed, and/or notarized when necessary to meet state or local requirements. Charge forms (EEOC Form 5, Charge of Discrimination) are available to all persons from all field offices of the Commission. Individuals may also consult EEOC’s website at http://www.eeoc.gov/employees/howtofile.cfm for detailed information about filing a charge. Complaints against the Federal government should be filed at the relevant agency’s EEO office. Each agency is required to post information about how to contact the agency’s EEO office. Federal government applicants or employees should consult EEOC’s website at http://www.eeoc.gov/federal/fed_employees/complaint_overview.cfm for details about filing an employment discrimination complaint against a federal agency. This program is excluded from coverage under OMB Circular No. A-87.
Application and Award Process
Preapplication Coordination
Preapplication coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.
Application Procedure
This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. The EPA does not require aggrieved parties to file a charge of discrimination with EEOC before filing a private lawsuit. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file a charge of discrimination under both laws within the appropriate time limit (see range of approval/disapproval times). A charge may be filed by any aggrieved individual, any individual on behalf of an aggrieved individual, or by any organization, i.e., labor union, association, legal representative, etc., either as an aggrieved entity or on behalf of an aggrieved individual. Charges may be filed in person, by mail or by fax at the nearest EEOC field office. Complaints against the federal government should be filed at the relevant agency’s EEO office. Each agency is required to post information about how to contact the agency’s EEO office.
Award Procedure
A charge is sufficient when the Commission receives from the person making the charge a written signed statement that includes an allegation of discrimination, the name(s) of the parties involved, and a request that the EEOC act to protect the applicant or employee’s rights or otherwise settle a dispute between the applicant or employee and the employer.
Deadlines
Not Applicable.
Range of Approval/Disapproval Time
The EPA does not require aggrieved parties to file a charge of discrimination with EEOC before filing a private lawsuit. The time limit for filing an EPA charge with the EEOC and the time limit for going to court are the same: within two years of the alleged unlawful compensation practice or in the case of a willful violation, within three years. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file a charge of discrimination under both laws within the appropriate time limit. (Title VII requires that charges be filed within 180 days of the date of the alleged violation, within 300 days if the charge is also covered by a state or local anti-discrimination law, or within 30 days after the receipt of notice of termination of state or local proceedings, whichever is earlier.) A charging party may file a lawsuit within 90 days after receiving a notice of a right to sue from EEOC, as stated above. Under Title VII, a charging party also can request a notice of right to sue from EEOC 180 days after the charge was first filed with the Commission, and may then bring suit within 90 days after receiving this notice. When a right to sue letter is issued at the request of the charging party, EEOC usually stops its investigation. Federal employees must generally contact the agency’s EEO Counselor within 45 days from the date the discrimination occurred.
Appeals
None.
Renewals
Not Applicable.
Assistance Considerations
Formula and Matching Requirements
Statutory formulas are not applicable to this program.
Matching requirements are not applicable to this program.
MOE requirements are not applicable to this program.
Length and Time Phasing of Assistance
Not applicable. See the following for information on how assistance is awarded/released: Not applicable.
Post Assistance Requirements
Reports
Not Applicable.
Audits
Not Applicable.
Records
Not applicable.
Program Accomplishments
Fiscal Year 2013: Field legal units of the agency filed 131 merits lawsuits during FY 2013. These included 89 individual suits, 21 non-systemic class suits, and 21 systemic suits. Legal staff resolved 209 merits lawsuits for a total monetary recovery of $39 million. At the end of FY 2013, the EEOC had 231 cases on its active docket, of which 46 (20 percent) were non-systemic class cases and 54 (23 percent) involved challenges to systemic discrimination. Fiscal Year 2014: No Current Data Available Fiscal Year 2015: No Current Data Available
Financial Information
Account Identification
45-0100-0-1-751.
Obligations
(Salaries) FY 13 $344,218,830; FY 14 est $364,000,000; and FY 15 est $365,531,000 - (Salaries and expenses) Not separately identifiable.
Range and Average of Financial Assistance
Not applicable.
Regulations, Guidelines and Literature
Publications are available on the EEOC web site (www.eeoc.gov). To request documents in alternative formats (Braille, large print, etc), contact EEOC at (202) 663-4191 (voice) or (202) 663-4494 (TTY). Regulations include: 29 CFR 1620, Equal Pay Act Interpretive Regulations; 29 CFR 1621, Equal Pay Act Procedural Regulations; 29 CFR 1604, Guidelines on Discrimination Because of Sex. Compliance Manual: Section 2: Threshold Issues; Section 3: Employee Benefits; Section 8: Retaliation; Section 10: Compensation Discrimination. EEOC-ESA Memorandum of Understanding Providing for Cross-Training, Referrals and Information Sharing on Compensation Discrimination Cases.
Information Contacts
Regional or Local Office
See Regional Agency Offices. See map of field offices available at http://www.eeoc.gov/field/index.cfm. EEOC Offices are listed in Appendix IV of the Catalog.
Headquarters Office
Equal Employment Opportunity Commission 131 M Street, NW, Washington, District of Columbia 20507 Phone: 202-663-4191/663-4494 (TTY)
Website Address
http://www.eeoc.gov
Examples of Funded Projects
Not Applicable.
Criteria for Selecting Proposals
Not Applicable.
Stay Connected

Related Employment Discrimination-Equal Pay Act Federal Grants

Popular Equal Employment Opportunity Commission Federal Grants


Latest Articles
Monday, September 15th
As kids across the country head back to the classroom, educators, parents, and students in need will find that there are number of federal grants available to ensure that the 2014 / 2015 school year is the most productive and enriching year yet.  Read more

Thursday, September 11th
It has been more than a decade since the shocking 9/11 attacks on the Twin Towers, and as Americans somberly remember one of the most devastating acts of terrorism in our country's history, it's important to also recall the sense of patriotism and American pride that flooded the national consciousness in the months and years that followed.  Read more

Federal Grants Resources