Employment Discrimination-Equal Pay Act (30.010)

 

Program

30.010 Employment Discrimination-Equal Pay Act

 

Federal Agency

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

 

Authorization

Equal Pay Act of 1963, Public Law 88-38, as amended; Fair Labor Standards Act Amendment of 1974; Fair Labor Standards Act Amendment of 1977; Reorganization Plan No. 1, 1978, 29 U.S.C. 206.

 

Program Number

30.010

 

Last Known Status

Active

 

Objectives

To prohibit sex discrimination in the payment of wages to men and women performing equal work in the same establishment.

 

Types of Assistance

Advisory Services and Counseling; 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 sex based wage differentials to men and women performing equal work in 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.

 

Eligibility Requirements

Applicant Eligibility

An employee on behalf of herself or himself and other employees similarly situated who believes s/he has been paid in violation of the Equal Pay Act in any State of the United States, the District of Columbia, or any territory or possession of the United States.

Beneficiary Eligibility

Individuals covered by the Fair Labor Standards Act of 1938, as amended.

Credentials/Documentation

None.

 

Application and Award Process

Preapplication Coordination

None. This program is excluded from coverage under E.O. 12372.

Application Procedure

A charge may be filed either orally or in writing to the appropriate field Office of the EEOC listed in Appendix IV of the Catalog. (The names of persons filing complaints are held in confidence.)

Award Procedure

Not applicable.

Deadlines

A 2-year statute of limitations applies to the recovery of any amounts owing to a person as a result of violation of this Act (may be extended to 3 years in cases of willful violations). There is no agency notification requirement for individuals desiring to bring their own suit under the Act.

 

Range of Approval/Disapproval Time

Appeals

None.

Renewals

Not applicable.

 

Assistance Considerations

Formula and Matching Requirements

Not applicable.

Length and Time Phasing of Assistance

Not applicable.

 

Post Assistance Requirements

Reports

Not applicable.

Audits

Not applicable.

Records

Not applicable.

 

Program Accomplishments

In fiscal year 2002, received 1,001 complaints and resolved 1,182 monetarily benefiting 194 people in the sum of $10,334,808. In fiscal year 2002, EEOC filed ten lawsuits on the merits raising EPA issues either as a sole statute or concurrent with other statutes and resolved 12 merit suits with a direct monetary benefits of $9,928,552. Projected data unavailable for fiscal years 2003 and 2004.

 

Financial Information

Account Identification

45-0100-0-1-751.

Obligations

(Salaries and expenses) FY 02 included in program 30.001; FY 03 est included in program 30.001; and FY 04 est included in program 30.001.

Range and Average of Financial Assistance

Not applicable.

 

Regulations, Guidelines and Literature

Publications are furnished free in limited quantities. 29 CFR 1620, Equal Pay Act Interpretive Regulations and 29 CFR 1621, Equal Pay Act Procedural Regulations; Compliance Manual Section: "Threshold Issues"; Compliance Manual Section: "Retaliation"; Compliance Manual Section: "Compensatory Discrimination"; Compliance Manual Section: "Employee Benefits" as revised, August 20, 2001.

 

Related Programs

16.101, Equal Employment Opportunity; 16.200, Community Relations Service; 17.301, Non-Discrimination and Affirmative Action by Federal Contractors and Federally Assisted Construction Contractors; 17.303, Wage and Hour Standards; 17.700, Women's Bureau; 29.001, Clearinghouse Services, Civil Rights Discrimination Complaints; 30.001, Employment Discrimination_Title VII of the Civil Rights Act of 1964; 30.002, Employment Discrimination_State and Local Fair Employment Practices Agency Contracts; 30.008, Employment Discrimination_Age Discrimination in Employment; 30.011, Employment Discrimination_Title I of The Americans with Disabilities Act; 93.001, Civil Rights Compliance Activities.

 

Information Contacts

Regional or Local Office

Persons should contact the nearest office of EEOC listed in Appendix IV of the Catalog.

Headquarters Office

Office of Communications and Legislative Affairs, Communications Staff, Equal Employment Opportunity Commission, 1801 L Street, NW., Washington, DC 20507. Telephone: (202) 663-4900 (Voice) or (202) 663-4494 (TTY).

Web Site Address

http://www.eeoc.gov

 

Examples of Funded Projects

Not applicable.

 

Criteria for Selecting Proposals

Not applicable.

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